Ontario City Council
October 6, 2026

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
OCTOBER 6, 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 Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER (OPEN SESSION)

ROLL CALL
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.

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

CLOSED SESSION
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Emmanuel Hernandez Contreras, an Individual; Carlos Marmol, an Individual; v. Messiah Villanueva, an Individual; City of Ontario DBA Ontario Police Department, a Public Entity; and, DOES 1 to 100 inclusive; Case No. CIVSB2423399
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 ATTACHMENT: 20261006 Closed Session
William Lee Wright v. City of Ontario, DOES 1 to 25, ET AL., inclusive; location Case No.

CIVSB2423399
GC 54956.9 (3)(d) CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION Number of cases: One (1) case

PLEDGE OF ALLEGIANCE
Council Member Wapner

INVOCATION
Pastor Sylvia-Bethel Congregational Church

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

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

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

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.

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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 1. APPROVAL OF MINUTES
ATTACHMENT: 20260901 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A PROFESSIONAL SERVICE AGREEMENT WITH PLACEWORKS, INC. FOR THE PLANNING AND

ENVIRONMENTAL SERVICES FOR THE HOSPITALITY MASTER PLAN AND ASSOCIATED CEQA

DOCUMENTATION
ATTACHMENT: PSA - Placeworks - Hospitality Master Plan with Exhibits.pdf

4. AUTHORIZE THE PURCHASE AND INSTALLATION OF MICROWAVE RADIO EQUIPMENT FROM AVIAT U.S., INC. FOR THE FIRE ADMINISTRATION BUILDING PROJECT ATTACHMENT: NA251009-59001_Ontario Fire_Ontario Fre Dispatch - Aerojet_IRU600 MW Quote_vA_12012025_NEW_With SalesTAX.xlsx
ATTACHMENT: Aviat with Exhibit.pdf

5. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., FOR THE PURCHASE OF ELECTRIC VEHICLE CHARGERS

AND SUPPLIES
ATTACHMENT: 2. _Consolidated Electrical Distributors Amendment No. 1.pdf 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 September 1, 2026, and approving same as on file in the Records Management Department.

Bills August 28, 2026 through September 24, 2026, and Payroll August 23, 2026 through September 5, 2026.

Authorize the City Manager, or his designee, to execute a Professional Service Agreement not to exceed $1,718,441 with PlaceWorks, Inc., of Santa Ana, for the preparation of a comprehensive Hospitality Master Plan and associated environmental clearance.

That the City Council authorize the City Manager, or designee, to execute the purchase and installation of microwave radio equipment from Aviat U.S., Inc., of Austin, TX, for a not-toexceed amount of $229,541.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Goods and Services Agreement with Consolidated Electrical Distributors, Inc.,(CED) of Buena Park, California, for the purchase of electric vehicle chargers and supplies in the amount of $369,813, for a total not-to-exceed contract amount of $963,398, and exercise two one-year extension options, extending the term of the Agreement through June 30, 2029.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 6. CONTRACTS AND AMENDMENTS RELATED TO THE FOURTH STREET STORM DRAIN, WATER

MAIN, AND STREET IMPROVEMENT PROJECT
ATTACHMENT: Mamco, Inc. dba Alabbasi - Construction Contract.pdf ATTACHMENT: Kleinfelder, Inc. - Amendment No. 13.pdf
ATTACHMENT: Infrastructure Engineering Corp - Amendment No. 19.pdf ATTACHMENT: Exhibit A - Location Map.pdf
That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute a Construction Contract with Mamco, Inc., of Perris, California, for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $12,292,292, plus a 10% contingency of $1,229,229 for a total not-to-exceed contract amount of $13,521,521; and B. Authorize the City Manager, or his designee, to execute Amendment No. 13 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide geotechnical and material testing services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $233,112 for a total not-to-exceed contract amount of $3,593,786; and
C. Authorize the City Manager, or his designee, to execute Amendment No. 19 to the Professional Services Agreement with Infrastructure Engineering Corporation, an Ardurra Group Corporation, of Newport Beach, California, for additional engineering services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $48,739 for a total not-to-exceed contract amount of $9,700,442, extend the contract term to December 31, 2028 to allow for the completion of ongoing projects; and
D. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a Notice of Completion at the conclusion of all construction-related activities.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 7. A RESOLUTION ACCEPTING DRINKING WATER STATE REVOLVING FUNDS FOR WELL NO. 53 EQUIPPING PROJECT IN THE AMOUNT OF $8,000,000 FROM THE STATE OF CALIFORNIA

WATER RESOURCES CONTROL BOARD
ATTACHMENT: DWSRF_Sample Agreement.pdf
ATTACHMENT: Resolution Schedule of System Obligations 01_RESO_RM ATTACHMENT: Attachment 1 to Resolution_v1.docx
ATTACHMENT: Attachment 2 to Resolution_Debt Service Schedule_Ontario 2021 Water Revenue Refunding Bonds.pdf
ATTACHMENT: Attachment 3 to Resolution_Debt Service Schedule_Ontario 2024 Water Revenue Bonds.pdf

8. AMENDMENT NO. 1 TO THE STADIUM OPERATING AND MANAGEMENT AGREEMENT

BETWEEN THE CITY OF ONTARIO AND ASM GLOBAL STADIUM MANAGEMENT, LLC ATTACHMENT: Ontario Sports Empire First Amendment and Exhibit A 20260929.pdf ATTACHMENT: Schedule I - Responsibility_Matrix 20260930.pdf That the City Council:

A. Adopt a Resolution authorizing to accept funding totaling $8,000,000 from the Drinking Water State Revolving Funds (DWSRF) from the State of California Water Resources Control Board (SWRCB) for Well No. 53 Equipping Project; and B. Authorize the City Manager, or designee, to execute any documentation necessary for the implementation and completion of the project, but not limited to, Funding Agreement, amendments, loan documents, certifications, reimbursement requests, and all other documents necessary to accept, administer, and receive reimbursement of the DWSRF financing awarded by the SWRCB.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR REIMBURSEMENT OF STATE REVOLVING FUNDS FOR WELL 53 EQUIPPING PROJECT FROM THE STATE OF CALIFORNIA RESOURCES CONTROL BOARD.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Stadium Operating and Management Agreement with ASM Global Stadium Management, LLC (ASM).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 9. A PROFESSIONAL SERVICE AGREEMENT FOR FILMING AND VIDEO PRODUCTION SERVICES WITH WINDSONG PRODUCTIONS, LLC.

ATTACHMENT: PSA Windsong 2026.docx
ATTACHMENT: Windsong- Scope of Services- 2026-29.pdf

10. REAL PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE

ONTARIO-MONTCLAIR SCHOOL DISTRICT
ATTACHMENT: OMSD Real Property Exchange Agreement_01_RESO_RM ATTACHMENT: OMSD Real Property Exchange Agreement _02.pdf That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute a Professional Services Agreement with Windsong Productions, LLC for filming and video production services for a three-year term, with the option to extend for two additional one-year terms, in the amount of $922,745, plus a $25,000 contingency, for a combined total not to exceed $947,745.

B. Reject the bid protest from Eleanor, LLC for RFP No. 2009- Filming and Video Production Services as without merit.

That the City Council adopt a Resolution:

A. Declaring certain City-owned real property to be exempt surplus land; B. Approving a Real Property Exchange Agreement with Ontario-Montclair School District; C. Authorizing the City Manager to take all actions necessary with respect thereto; and authorize the City Manager or his designee, to finalize and implement non-substantive revisions to the Exchange Agreement, and execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement; and D. Finding that no further California Environmental Quality Act analysis is necessary.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, (I) DECLARING CERTAIN CITY-OWNED REAL PROPERTY TO BE EXEMPT SURPLUS LAND; (II) APPROVING A REAL PROPERTY EXCHANGE AGREEMENT WITH THE ONTARIO-MONTCLAIR SCHOOL DISTRICT; (III)

AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY WITH RESPECT THERETO; AND (IV) FINDING THAT NO FURTHER CEQA ANALYSIS IS NECESSARY.

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

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 11. A PUBLIC HEARING REGARDING A RESOLUTION APPROVING THE LIST OF PARTICIPATING

DEALERS AND A RESOLUTION APPROVING A RESIDENT VEHICLE INCENTIVE PROGRAM (VIP), APPROVING THE TERMS AND PROVISIONS AS PROVIDED IN ITS PARTICIPATION

AGREEMENT, APPROVING PROGRAM GUIDELINES, AND APPROVING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO CALIFORNIA GOVERNMENT CODE 53083,

AND MAKING RELATED FINDINGS
ATTACHMENT: Resolution for Eligible Dealers RESO_01_RM
ATTACHMENT: Ontario VIP Participation Agreement Program RESO_02_RM ATTACHMENT: Ontario VIP Participation Agreement RESO Exhibit A_03 ATTACHMENT: Ontario VIP Program Guidelines RESO Exhibit B_04 ATTACHMENT: Economic Development Subsidy Report RESO Exhibit C_05 That the City Council take the following actions:

A. Adopt a Resolution approving the list of qualifying dealers in a Resident Vehicle Incentive Program (VIP); and
B. Adopt a Resolution approving the Participation Agreement, the Program Guidelines and, the Economic Development Subsidy Report.

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

LIST OF ELIGIBLE DEALERS IN A RESIDENT VEHICLE INCENTIVE PROGRAM, AND MAKING RELATED FINDINGS.

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

TERMS AND PROVISIONS OF A RESIDENT VEHICLE INCENTIVE PROGRAM AS PROVIDED IN ITS

PARTICIPATION AGREEMENT, APPROVING PROGRAM GUIDELINES, APPROVING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT, AND MAKING RELATED FINDINGS.

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Campaign Finance Limits Discussion
Policy Plan Update
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 8 1 of 2

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) October 6, 2026
ROLL CALL: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Emmanuel Hernandez Contreras, an Individual; Carlos Marmol, an Individual; v. Messiah Villanueva, an Individual; City of Ontario DBA Ontario Police Department, a Public Entity; and, DOES 1 to 100 inclusive; Case No. CIVSB2423399
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION William Lee Wright v. City of Ontario, DOES 1 to 25, ET AL., inclusive; location Case No.

CIVSB2423399
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 9 2 of 2

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) October 6, 2026
(Continued)
In attendance: Porada _, Wapner _, Bowman _, Macias _, Mayor / Chairman Leon _.  GC 54956.9 (3)(d) CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION Number of cases: One (1) case
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
10 ONTARIO CITY COUNCIL/

ON TARIO HOUSING AUTHORITY

MINUTES
SEPTEMBER 1, 2026
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, September 1, 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 6:30 p.m.

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

INVOCATION
The invocation was led by Pastor Richard Hernandez from The Church of God Ontario.

PUBLIC COMMENT
Assistant City Clerk Isbell announced a written comment:

Aiko Yuhara, regarding Sister City Jieyang, China.

Angela Miramontes, written comment regarding Item No. 4.

Brad Neumann, written comment in opposition to Item No. 13.

Mayor Leon called on the speakers:

Sarah Rios, announced Safer Routes to School/National Walk to School Day.

Angie Miramontes, spoke in support of water security and conservation.

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

Brad Neumann, spoke on his personnel grievance.
11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

Kevin Kizzee, commented on local parks.

Gloria Jones, spoke regarding term and campaign contribution limits.

Chris Robles, spoke regarding term and campaign contribution limits.

Marty McBride, spoke in opposition of local tax measures.

Tommy Mushegain, spoke on various topics.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa offered clarification regarding public comments made.

CONSENT CALENDAR
Public Comment:

Brad Neumann, spoke in opposition to Item Nos. 4 and 13.

Kevin Kizzee, spoke in opposition to Item No. 13.

Mayor Leon stepped out of the chamber at 7:12 p.m. and returned to the dais at 7:13 p.m.

MOTION: Moved by Council Member Macias, seconded by Council Member Bowman and carried by a vote of 5-0, to approve the Consent Calendar as presented with Item No. 13 pulled for a separate vote.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of August 4, 2026, and special meetings of the City Council and Housing Authority of August 7, 2026, and approving same as on file in the Records Management Department..

2. BILLS & PAYROLL
Bills August 6, 2026 through August 13, 2026, in the amount of $893,307.25 and Payroll July 26, 2026 through August 8, 2026, in the amount of $6,682,613.67.

3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KOA

CORPORATION FOR CITYWIDE GRANT WRITING AND GRANT SUPPORT

SERVICES
The City Council authorized the City Manager or designee to execute Amendment No. 3 to the Professional Services Agreement with KOA Corporation, for Citywide grant writing and grant support services, extending the term for two additional years through June 30, 2028, and increasing the contract by $400,000, for a revised total not-to-exceed contract amount of $550,000 over a five-year term. 12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

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

AVAILABILITY, AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
The City Council adopted a Resolution declaring a portion of the property located at 2200 East Philadelphia Street identified with Assessor’s Parcel Number 0113-281- 13 as surplus land, approved the Notice of Availability, and finding that such declaration is exempt from the California Environmental Quality Act.

RESOLUTION NO. 2026-141 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, MAKING FINDINGS AND DECLARING, PURSUANT TO GOVERNMENT CODE SECTION 54221, THAT A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 2200 EAST PHILADELPHIA STREET IDENTIFIED WITH ASSESSOR'S PARCEL NUMBER 0113-281-13, IS SURPLUS

LAND, APPROVING THE NOTICE OF AVAILABILITY THEREFORE,

AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE SURPLUS LAND

ACT AND TAKING RELATED ACTIONS, FINDING THAT SUCH DECLARATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15060(C)(3) OF THE

STATE CEQA GUIDELINES AND DIRECTING STAFF TO ISSUE A NOTICE OF EXEMPTION.

5. PROCLAMATION OF SEPTEMBER 2026 AS NATIONAL PREPAREDNESS MONTH
The City Council proclaimed the month of September 2026 as National Preparedness Month in the City of Ontario.

6. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.

RESOLUTION NO. 2026-142 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

7. AUTHORIZE THE SOLE SOURCE PURCHASE OF THREE ZOLL CARDIAC

MONITORS FOR FIRE DEPARTMENT SERVICE DELIVERY WITH ZOLL

MEDICAL CORPORATION
The City Council authorized the City Manager, or his designee, to approve the purchase of three cardiac monitors, associated accessories from ZOLL Medical Corporation of Chelmsford, MA, for Ontario Fire Department expanded services in an amount not to exceed $164,435.

8. GOODS & EQUIPMENT AGREEMENT WITH CLIFF GARTEN AND ASSOCIATES, INC. FOR THE CITY SERVICES PERMANENT PUBLIC ART
The City Council authorized the City Manager, or his designee, to execute a Goods & Equipment Agreement with Cliff Garten and Associates, Inc. of Venice, California for the site-specific permanent public art located at the City Services Building for a total not-to-exceed agreement amount of $206,000.

9. A GOODS AND SERVICES AGREEMENT WITH SENTRI PREMIER UNIFORMS,

LLC FOR POLICE UNIFORMS AND ALTERATION SERVICES
The City Council authorized the City Manager, or his designee, to execute a Goods and Services Agreement with Sentri Premier Uniforms, LLC, of Rancho Cucamonga, California, for the supply of professional police uniforms and alteration services for a total not-to-exceed $476,932.

10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

GRISWOLD INDUSTRIES, DBA CLA-VAL COMPANY, FOR ON-CALL

MAINTENANCE SERVICES OF AUTOMATIC HYDRAULIC CONTROL VALVES The City Council authorized the City Manager, or designee, to execute Amendment No. 2 to the Maintenance Services Agreement with Griswold Industries, DBA Cla-Val Company, of Perris, California, for on-call maintenance services for the City's ClaVal Hydraulic Control Valves in the amount of $225,000 ($75,000 for FY 2026-27, $75,000 for FY 2027-28 and $75,000 for FY 2028-29) for a revised new total not-toexceed aggregate amount of $374,999 and a term extension to June 30, 2029.

11. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH TESS ELECTRIC, INC., FOR ON-CALL MAINTENANCE OF ELECTRICAL SYSTEMS AT

CITY WATER FACILITIES
The City Council authorized the City Manager, or designee, to execute Amendment No. 3 to the Maintenance Services Agreement with Tess Electric, Inc., of Riverside, California, for on-call maintenance services of the City’s water facilities electrical systems in the amount of $100,000 ($50,000 for FY 2026-27 and $50,000 for FY 2027-28) for a revised new total not-to-exceed aggregate amount of $248,500, and a term extension to June 30, 2028.
14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC., FOR THE LAUREL SEWER MAIN IMPROVEMENTS,

NOCTA STREET SEWER MAIN IMPROVEMENTS, AND NOCTA STREET

PRIVATE SEWER LATERAL IMPROVEMENTS
The City Council authorized the City Manager or his designee, to execute Amendment No. 12 to the Professional Services Agreement with Kleinfelder, Inc., of San Diego, California, to provide geotechnical and material testing services for the Laurel Avenue Sewer Main Improvements, Nocta Street Sewer Main Improvements, and Nocta Street Private Sewer Lateral Improvements in the amount of $81,756 for a new total revised not-to-exceed amount of $3,360,674 and term of March 7, 2023 to February 7, 2028.

ITEM PULLED: Council Member Wapner pulled the item for separate discussion.

13. APPROVAL OF THE FIVE-YEAR MOBILE HOME PARK ACCORD
The City Council discussed and approved a five-year Mobile Home Park Accord between the City of Ontario and participating owners of mobile home parks within the City of Ontario.

MOTION: Moved by Council Member Wapner, seconded by Council Member Macias to approve the Mobile Home Park Accord.

PUBLIC HEARINGS

14. A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 8A OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO THE WATER

CONSERVATION PLAN
The City Council introduced and waived further reading of an Ordinance amending Chapter 8A of Title 6 of the Ontario Municipal Code related to the Water Conservation Plan.

ORDINANCE NO. 3340 (FIRST READING) 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.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Angela Miramontes, in favor.
15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

Mayor Leon opened the public hearing and inquired whether any person present wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for discussion.

MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada, carried by a vote of 5-0, to introduce Ordinance No. 3340.

15. A PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A PURCHASE

AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF ONTARIO AND ARCHIBALD PROPERTY, LLC.

The City Council adopted a Resolution authorizing the City Manager to execute a Purchase and Sale Agreement ("PSA") and Joint Escrow Instructions, and authorized the City Manager, or his designee, to execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.

RESOLUTION NO. 2026-143 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A PURCHASE AND SALE

AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND ARCHIBALD

PROPERTY, LLC, FOR THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 2350-2360 EAST INLAND EMPIRE BOULEVARD, ONTARIO.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Angela Miramontes.

Council Member Macias left the chamber at 7:21 p.m. and returned to the dais at 7:23 p.m.

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

Chris Robles, in opposition.

Brad Neumann, in opposition.

Kevin Kizzee, made comments.

Jesse Fonseca, was not present when called upon.

Hearing no one else wishing to speak, Mayor Leon called on City Manager Ochoa to provide background information. Executive Director of Economic Development, Jennifer Hiramoto McLain provided a brief presentation regarding the project, after which Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman, carried by a vote of 5-0, to adopt Resolution No. 2026-143.

STAFF MATTERS
City Manager Ochoa had no comments.
16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – September 1, 2026

COUNCIL MATTERS
Mayor Leon spoke on potential City reforms.

Council Member Macias acknowledged contribution of local labor unions.

Council Member Bowman asked Staff to review the current Development Code.

Mayor pro Tem Porada made no comments.

Council Member Wapner made no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:54 p.m.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
17 Department: Planning
Prepared By: Jamie Richardson
Department:

Prepared By: Jamie Richardson
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: A PROFESSIONAL SERVICE AGREEMENT WITH PLACEWORKS, INC. FOR THE

PLANNING AND ENVIRONMENTAL SERVICES FOR THE HOSPITALITY MASTER

PLAN AND ASSOCIATED CEQA DOCUMENTATION

CITY OF ONTARIO
Agenda Report
October 6, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: Authorize the City Manager, or his designee, to execute a Professional Service Agreement not to exceed $1,718,441 with PlaceWorks, Inc., of Santa Ana, for the preparation of a comprehensive Hospitality Master Plan and associated environmental clearance.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The proposed Professional Services Agreement with PlaceWorks, Inc., of Santa Ana, California, is in the amount of $1,263,590, plus a 10% contingency of $126,359 and optional associated tasks of $328,492, for a total authorized expenditure of $1,718,441 to prepare a comprehensive Hospitality Master Plan and associated environmental clearance. If approved, appropriations will be included in a future budget update and Annual Budgets to the City Council for approval as needed.

BACKGROUND & ANALYSIS: The City of Ontario is preparing a comprehensive Hospitality Master Plan and related environmental clearance for the Guasti/Multimodal and Convention Center Hospitality Districts. The planning area includes the Ontario Convention Center and its proposed future expansion; the surrounding developed areas, which feature a mix of commercial, hotel, and business park uses; the Multimodal Mixed-Use Area; and the Guasti Mixed-Use/Specific Plan Area.

The approximate boundaries extend from the I-10 Freeway on the north to Turner Avenue on the east, the Southern Pacific Railroad and Ontario International Airport on the south, and Corona Avenue on the west. The Hospitality Master Plan process will be completed in four sequential stages, with each stage building upon the previous one as portions of the total $1,718,441 in funding are appropriated. The process will progress from analysis and visioning through environmental clearance, implementation, and final adoption. 18 In October 2024, the Community Development Agency (CDA) issued a Request for Qualifications (RFQ) to establish a list of prequalified consultants for environmental, architectural, urban design, and landscape architecture services. In January 2025, the CDA established a list of 31 qualified consultants, through RFQ #1853. Given the specialized scope and tight schedule, the Planning Department identified the two firms from the prequalified list that had the most relevant experience and the capacity to complete the work on time. After reviewing the proposals, the Department selected PlaceWorks, Inc. to prepare the Hospitality Master Plan and associated Environmental Impact Report. The PlaceWorks team’s experience and qualifications best demonstrated its ability to fully address the project’s scope of work. 19 BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
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CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND PLACEWORKS, INC.

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Placeworks, Inc., a California Corporation, with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental / Planning consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Hospitality Master Plan project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City 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

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental / planning consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 6, 2026 to October 6, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one million five hundred ninety-two thousand eighty-two dollars ($1,592,082) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) 21 BB&K (2024) 3 AGREEMENT FOR PROFESSIONAL SERVICES
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Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

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

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

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Colin Drukker, Principal-in-Charge and Halley Grundy, Project Manager.

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

3.3.6 Consultant's Representative. Consultant hereby designates Colin Drukker, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative 22 BB&K (2024) 4 AGREEMENT FOR PROFESSIONAL SERVICES
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shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

3.3.9 Period of Performance.

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

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
23 BB&K (2024) 5 AGREEMENT FOR PROFESSIONAL SERVICES
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3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

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

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

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm 24 BB&K (2024) 6 AGREEMENT FOR PROFESSIONAL SERVICES
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water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

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

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or 25 BB&K (2024) 7 AGREEMENT FOR PROFESSIONAL SERVICES
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an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(E) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

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

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

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

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others 26 BB&K (2024) 8 AGREEMENT FOR PROFESSIONAL SERVICES
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providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

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

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 27 BB&K (2024) 9 AGREEMENT FOR PROFESSIONAL SERVICES
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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

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

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public 28 BB&K (2024) 10 AGREEMENT FOR PROFESSIONAL SERVICES
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works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the 29 BB&K (2024) 11 AGREEMENT FOR PROFESSIONAL SERVICES
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performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

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

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

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

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

Consultant: Placeworks, Inc.
3 MacArthur Place, Suite 100
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Santa Ana, CA 92707
ATTN: Colin Drukker, Principal
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Henry Noh, Planning Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

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

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

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such 31 BB&K (2024) 13 AGREEMENT FOR PROFESSIONAL SERVICES
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other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue 33 BB&K (2024) 15 AGREEMENT FOR PROFESSIONAL SERVICES
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in full force and effect.

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

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

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

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

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
PLACEWORKS, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO PLACEWORKS, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
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EXHIBIT "A"

SCOPE OF SERVICES
(Document to follow this page)
36 June 2, 2026
David F. Eoff, IV
Principal Planner
CITY OF ONTARIO | Planning Department
303 E. B Street
Ontario, CA 91764
Subject: Proposal for Planning and Environmental Services for TOP Multi-Modal Guasti District Master Plan and Associated CEQA Documentation [P2026-0516S]
Transmitted via Email: [email protected]
Dear Mr. Eoff:

As demonstrated in this proposal, we believe PlaceWorks brings the ideal, enthusiastic team to prepare the Master Plan and EIR. PlaceWorks’ Colin Drukker will be Principal-in-Charge, Halley Grundy will be the Project Manager and the primary day-to-day contact for this project, and Nicole Vermilion with be CEQA Project Manager. Both Halley and Nicole have led several similar, large-scale EIRs in the City, including the recent Ontario Policy Plan Amendment (Nicole and Halley) and the Ontario Regional Sports Complex EIR (Nicole). Halley and Nicole will be supported by our technical team, including Steve Gunnellsfor economics, Lance Park for Air Quality, GHG, and Energy; Chris Shields INCE-USA for Noise; and Steve Bush PE and Dina El Chammas-Gass PE/QSD for the Water Supply Assessment/Water Supply Evaluation, Hydrology, Utilities, and Hazards. We have teamed with Studio One Eleven for Urban Design; Fehr & Peers for Transportation, Traffic, and Parking related services; and South Environmental for Biological, Archeological, Paleontological and Historic Resources.

The current schedule anticipates project initiation in late June 2026, with planning, environmental review, and implementation work extending into August 2027. The proposed budget and schedule reflect an accelerated effort designed to deliver a high-quality, actionable Master Plan, implementation strategy, and development standards based on our current understanding of the project and the information provided by staff. We recognize that the City may have specific priorities, expectations, or constraints that could influence the scope, schedule, and budget. Our team would welcome the opportunity to meet with City staff to refine the work program and ensure the final scope, schedule, budget, and deliverables are appropriately aligned with the City's goals for the project.

Understanding of the Project
The City of Ontario is seeking to prepare a comprehensive Master Plan and associated environmental clearance for a district that includes four interconnected subareas: the Ontario Convention Center and planned convention center hotel, the developed areas surrounding the Convention Center, the Multimodal Mixed Use Area, and the Guasti Mixed Use/Specific Plan Area. While each subarea presents unique Exhibit "A" - Scope of Services
37 June 2, 2026 | Page 2
opportunities and constraints, their proximity to Ontario International Airport (ONT) and their collective role in the City’s economic future create an opportunity to plan them as a coordinated district.

This effort builds upon more than fifteen years of planning work dating back to the original 2010 Ontario Plan and continuing through The Ontario Plan 2050. Throughout these planning efforts, the City explored ways to better connect and integrate the area extending from the Convention Center toward Ontario Mills and the airport into an aerotropolis. While these plans established a compelling long-term vision, airport height limitations and, more importantly, economic conditions following the 2008–2009 recession constrained implementation.

Today, Ontario has an opportunity to revisit and advance that vision. The proposed Convention Center expansion, new parking structure, planned luxury hotel, continued airport growth, and ongoing private investment interest create favorable conditions to once again evaluate how this district should evolve, intensify, and contribute to the City’s long-term economic development objectives. At the same time, the Master Plan must recognize the inherent constraints of the area—including airport operations, aviation compatibility requirements, existing development patterns, infrastructure considerations, and market realities to identify strategies that work within those constraints.

We understand that the success of this effort depends on more than the preparation of development standards. The planning process must first develop a clear understanding of the district’s existing conditions, opportunities, and barriers to change. It must then confirm or update the current vision for the district by answering fundamental questions about its future role within Ontario. What experiences should this district provide? What role should it play relative to Downtown Ontario, Ontario International Airport, Ontario Mills and Toyota Arena, and the Sports Empire districts? What mix of visitor-serving, entertainment, hospitality, employment, residential, and supporting uses is appropriate? How intense should development be (within airport limitations)? What parking strategies are feasible? What public realm and mobility improvements are necessary to create the desired experience? Once the vision is confirmed, the Master Plan must identify the barriers currently preventing the City and the private sector from realizing that vision. These barriers may include land use and zoning regulations that do not permit desired uses or development intensity; parking requirements or development standards that make redevelopment infeasible; fragmented ownership patterns; infrastructure constraints; airport compatibility requirements; market conditions; historic preservation considerations; or other issues identified through the planning process. Understanding these barriers is critical because meaningful implementation depends on addressing the underlying causes that have limited reinvestment in the past.

The Convention Center area exemplifies this challenge. The City is already making substantial public investments through the Convention Center expansion, parking structure, and hotel development.

However, much of the surrounding area could be repositioned to better capitalize on these investments.

The Master Plan must evaluate how this area can evolve into a district that complements the City’s investments and identify conditions that would facilitate private investment, while ensuring the overall strategy synergizes with other mixed-use districts such as the Ontario Mills/Toyota Arena and Downtown.

Similarly, the Multimodal Mixed Use area presents a significant redevelopment opportunity as existing industrial uses approach the end of their economic lifecycle. The City is already undertaking market and design studies focused on hotel development within this area; however, a comprehensive vision and development standards have not yet been established. The Master Plan will build upon prior visioning work 38 June 2, 2026 | Page 3
from The Ontario Plan, incorporate the findings of ongoing market and design efforts to establish an updated framework for land use, development intensity, mobility, and public realm improvements. The planning effort will also revisit the long-envisioned multimodal transportation hub and explore opportunities to improve connections within the district, throughout the City, and across the region.

The Guasti Mixed Use area presents a different set of challenges. The area includes the historic Guasti site and is currently governed by the Guasti Specific Plan and subsequent amendments (most recently amended in 2011). While some development has occurred within portions of the Specific Plan area, the historic district itself has remained largely unchanged for nearly two decades. We understand that a successful planning effort must identify the underlying reasons why redevelopment has not occurred. These barriers may include market realities, cost of historic preservation, ownership constraints, and other factors. The Master Plan and implementation strategy will evaluate these conditions and identify practical pathways toward redevelopment, adaptive reuse, and long-term transformation of the site.

Overall, this Master Plan represents an opportunity for the City to capitalize on public and private investments and chart a new course for the overall district. This Master Plan must communicate a vision that is ambitious and inspiring while also being grounded in market realities to spur real change. This proposal presents an effort and a team that matches the City’s ambition.

Project Approach
The planning process is organized into four sequential stages that build upon one another, moving from analysis and visioning through implementation and adoption. » Stage 1 — Understand Context + Confirm Vision (Tasks 2 & 3). The first stage establishes the analytical and visioning foundation for the project. The PlaceWorks team will conduct a focused opportunity assessment of existing conditions, identify constraints and barriers to reinvestment, and evaluate comparable districts to build a shared knowledge base. Drawing on this analysis and early stakeholder engagement, the team will develop issues statements, an overarching district vision, and subarea aspiration statements. These products define the desired outcomes of the Master Plan and direct all subsequent planning and design work.
» Stage 2 — Identify Barriers + Develop and Refine Alternatives (Task 4.1 and early CEQA). To support the accelerated schedule, the team anticipates preparing a preliminary framework plan and development program/statistical summary during the initial phase of alternatives development. This framework will establish the land-use, development intensity, mobility, and infrastructure assumptions needed to define the project description and initiate the environmental review.

Environmental studies will then proceed concurrently with alternatives refinement and Master Plan development, allowing the planning, design, implementation, and CEQA efforts to inform one another throughout the process. This approach carries some risk and is less flexible than waiting to initiate environmental review until a preferred alternative has been selected, as subsequent changes must generally remain within the assumptions established by the initial framework. However, it represents the most efficient path to completing the project within the desired timeframe. Following the initiation of Environmental review, the team will continue to prepare up to two master plan alternatives at a level of detail sufficient to test ideas and support stakeholder and public engagement ahead of the Notice of Preparation (NOP) and public scoping meeting, which will also serve as an open house focused on alternatives. Alternatives explored during this phase may be 39 June 2, 2026 | Page 4
included in the EIR alternatives section, while the preferred alternative developed in the next stage will constitute the proposed project and will remain within the envelope established by the project description early in this stage.
» Stage 3 — Preferred Alternative + Implementation Framework (Tasks 4.2, 4.3, and 5). The third stage advances a preferred alternative into a complete, implementable district plan. Informed by stakeholder and public input gathered during alternatives review, the team will refine the preferred direction into an integrated planning framework encompassing land use, mobility, public realm, and development standards. The Preferred Alternative serves as the basis for the Master Plan document, which will be prepared as a cohesive, graphically rich document. Concurrent with master plan preparation, the team will develop an implementation strategy that identifies barriers, recommends specific actions to overcome them, establishes realistic timeframes and sequencing for public and private investment, and prepares any needed Policy Plan amendments, zoning updates, or development standards. The Administrative Draft Environmental Impact Report (EIR) is prepared during this stage.
» Stage 4 — Environmental Review + Adoption (CEQA and hearings). The fourth stage completes the environmental review process and advances the project through adoption. The team will finalize the Draft EIR for public review, prepare responses to comments, and complete the Final EIR, Mitigation Monitoring and Reporting Program (MMRP), Findings of Fact (FOF), and Statement of Overriding Considerations (SOC) as required. The PlaceWorks team will support City staff at Planning Commission and City Council hearings and complete post-adoption actions, including final mapping and file turnover.

Stakeholder input will be critical to the project. The City will lead this effort, engaging property owners, businesses, residents, and other community members with an interest in the district’s future. In Stage 1, stakeholder interviews are expected to build understanding of the planning process and illuminate local knowledge and priorities to inform the opportunity framework and vision. During Stage 2, stakeholder outreach is anticipated throughout the development of alternatives to generate input on the preferred direction and design ideas. Input gathered through this process will directly inform the issues statements, vision statement, aspirations, opportunity framework, alternatives, and preferred plan, ensuring that the framework reflects both the City’s strategic goals and the values of those who live, work, and invest in the district.

The City will also lead a strategic public engagement program. The scope envisions this effort as centered around two meetings. The first will focus on project alternatives and environmental scoping, and the second will present the master plan and draft environmental impacts during the public review period. While the City will lead these efforts, the scope provides the City with meeting and graphic support. To ensure accessibility, the Notice of Preparation (NOP) and public engagement materials created by the PlaceWorks team will be available in English and Spanish. Revisions to this plan can be discussed with the City team.

The scope supports development of a focused and implementable planning framework that delivers a unified vision for the district, provides a roadmap for implementation, and establishes zoning standards to facilitate near- and mid-term development opportunities consistent with that vision. This is achieved within an accelerated project schedule by focusing existing conditions evaluations on items critical to design decisions, overlapping design development and environmental review, compressing review and revision time frames, and maintaining an aggressive deliverables timeline. Delays in data, parallel work efforts, Cityled efforts, or unforeseen project needs may result in schedule adjustments. 40 June 2, 2026 | Page 5
Scope of Work
TASK 1. PROJECT KICK-OFF AND ALIGNMENT
Task 1 will establish project objectives, coordination procedures, planning assumptions, and integration with concurrent convention center, hotel, transit, infrastructure, and environmental review efforts.

The PlaceWorks Team will:
• Conduct a kick-off meeting with City staff.
• Confirm project goals, assumptions, deliverables, and milestones. • Refine the project scope, schedule, and communication procedures. • Establish a coordination process with concurrent convention center, hotel, transit, operational, and infrastructure planning efforts.
• Confirm available background documents, studies, and concurrent work products relevant to the project area.
• Establish a base map for the District that can be used for analysis and design work.

Deliverable(s):
» Kick-off Meeting Summary
» Refined Project Schedule
» Project Area Basemap
Assumptions:

City will: (1) provide available background documents, GIS data, studies, operational plans, and technical materials; (2) identify City staff representatives and key decision-makers to be included as stakeholders; (3) coordinate access to concurrent planning, design, and technical study outputs; and (4) consolidate and provide comments on draft deliverables.

TASK 2. OPPORTUNITY ASSESSMENT
Task 2 is intended to evaluate existing district conditions to identify constraints, opportunities, and locations where the most significant potential for change exists. This task provides the analytical foundation for subsequent planning and design work, and represents a focused effort to identify the critical information to move the project and design work forward within the project schedule.

Task 2.1 Opportunity Analysis
Task 2.1 is intended to document existing conditions across land use, mobility, district character, infrastructure, and economics to identify key issues, constraints, and opportunities within the project area.

The PlaceWorks Team will evaluate and catalog conditions across the following areas:

Land Use
• Existing land uses, development patterns, and underutilized sites. • Current zoning, Policy Plan framework, Airport Land Use Compatibility Plan, and Specific Plans. 41 June 2, 2026 | Page 6
• Planned and parallel design projects within the Master Plan area (convention center expansion, hotel planning, multimodal hotel concepts).

Mobility
• Vehicular circulation, access, and parking conditions. • Parking.
• Pedestrian, bicycle, transit, and multimodal connectivity. • Current and planned event operations and airport access requirements. • Concurrent transit and multimodal planning efforts.

District Character and Placemaking
• Urban form, district character, visitor experience, and public realm conditions. • Historic/cultural resource context.

Infrastructure
• Utility constraints and opportunities relevant to future development.

Economics
• Review of studies and other reports already prepared by the City, Airport, GOCAL, and other stakeholders, if available.
• Review of leasing trends within the district, if data is available. • Qualitative summary of current market conditions.

The team will also summarize barriers to reinvestment, potential opportunity areas, and subarea-specific planning considerations emerging from the existing conditions analysis to inform stakeholder engagement and subsequent tasks.

Deliverable(s):
» Opportunities and Constraints Maps and Summary (PPT or PDF) Task 2.2 Opportunity Framework
Task 2.2 will synthesize findings from Task 2.1 and Phase I stakeholder input (Task 6.1.1) into a spatial framework that identifies where and when change is most feasible, desirable, and impactful, giving the City and project team a shared geographic foundation for evaluating investments and phasing strategies.

The PlaceWorks Team will develop an Opportunity Framework that categorizes subareas, corridors, and sites based on their potential for change and likely timing. The framework will identify:
• Development sites with near-, mid-, and long-term reinvestment potential. • Key corridors and connections (pedestrian, transit, vehicular). • Gaps in public realm, amenities, or land use mix.
• Constraints, including infrastructure limitations, ownership patterns, and environmental conditions.

Deliverable(s):
» Draft and Final Opportunity Framework Map (mapped by near-, mid-, and long-term opportunity time frames)
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Assumptions: Task 2
City will: (1) provide available planning documents, technical studies, operational materials, infrastructure information, economic reports and studies, and CoStar data to inform economic analysis; (2) coordinate access to event operations plans and circulation studies, if available; (3) coordinate access to City staff and results of prior and concurrent redevelopment efforts; (4) initiate and complete City-led stakeholder engagement within the identified time frame; (5) Task 6.1.1 stakeholder input will be incorporated into task 2.1 deliverables if available and required to inform Task 2.2 deliverables. If stakeholder engagement under task 6.1.1 is delayed or does not provide the desired information, the PlaceWorks team will work with City staff to determine the appropriate path forward, which may include delaying the project schedule.

TASK 3. VISION
Task 3 will establish a shared vision for the District. This task is intended to define the desired outcomes of the Master Plan and the aspirations that will guide planning and investment decisions across the project area and its subareas. Drawing on Task 2 findings and early stakeholder engagement (Task 6.1.1), Task 3 translates identified issues, barriers, and opportunities into a clear statement of purpose and desired change to direct subsequent Master Plan work.

Task 3.1 Comparative District Analysis
Task 3.1 is intended to build a shared knowledge base of comparable precedent districts to ground the planning process in real-world evidence—helping the project team and City identify strategies that have worked elsewhere and apply relevant lessons to the Ontario context.

The PlaceWorks Team will evaluate comparable convention, entertainment, hospitality, transit-oriented, and mixed-use districts. This work will be developed concurrently with Phase I stakeholder outreach so emerging engagement themes can focus the analysis. Topics will include:
• Successful development patterns
• Public realm and placemaking strategies
• Visitor-serving uses and amenities
• Mixed-use and transit-oriented development approaches • Role of residential development in comparable districts • Shared parking precedent
• Redevelopment and reinvestment strategies
• District positioning and identity
Potential case study districts may include: Irving Convention District, Sacramento Downtown Commons (DOCO), Arlington Entertainment District, Downtown Bellevue Convention District, Milwaukee’s Baird Center, and/or others identified in coordination with City staff and stakeholders.

Deliverable(s):
» Draft and Final Comparative District Analysis Case Study Matrix 43 June 2, 2026 | Page 8
Task 3.2 Vision Statements
The purpose of this task is to synthesize analysis and stakeholder input into a clear statement of issues and aspirations for each subarea, an overarching district vision statement, and subarea aspiration statements that will guide Master Plan development.

Informed by Tasks 2.1, 2.2, 3.1, and initial stakeholder input (Task 6.1.1), the PlaceWorks Team will prepare:
• Issues statements for each subarea, identifying the key issues to be addressed through the master plan. • An overarching district vision statement defining the envisioned role of the District within the City. • Subarea aspiration statements describing future uses, mobility priorities, and role/character for each subarea.

Findings will be text based and may be supported by precedent imagery and/or maps as appropriate.

Deliverable(s):
» Draft and Final Subarea Issues Statements
» Draft and Final District Vision Statement
» Draft and Final Subarea Aspiration Statements
Assumptions Task 3:

City will: (1) review and provide direction on preferred case study districts; and (2) Task 3.2 assumes completion of Tasks 2.1, 2.2, and 3.1 and availability of Phase I stakeholder input (task 6.1.1) prior to finalization.

TASK 4. MASTER PLAN DEVELOPMENT
Task 4 will translate the Opportunity Framework, vision statement, and subarea aspirations into a spatially specific Master Plan that guides land use, mobility, public realm, and development decisions across the project area. The Master Plan will establish a clear framework for near-, mid-, and long-term investment and change developed in close coordination with concurrent environmental review efforts.

Studio One Eleven (Studio 111) will serve as the primary urban designer, bringing experience from the West Euclid PUD in Downtown Ontario as well as master planning work in Guasti and at the Ontario Regional Sports Park. PlaceWorks will serve as the primary point of contact and will coordinate closely with Studio 111 throughout. The teams have an established working relationship through previous successful efforts, such as the Long Beach Downtown Shoreline Vision Plan and Fox Hills Specific Plan in Culver City.

Task 4.1 Conceptual Alternatives
Task 4.1 is intended to translate the vision and subarea aspirations into conceptual master plan alternatives, exploring network, land use, and development scale together. The task generates framework concepts that pair circulation/network ideas with land use and development intensity assumptions for review and feedback on possibilities from City staff. From these conceptual options, a preliminary framework will be established to provide a project description sufficient to kick off the traffic analysis and CEQA review—the critical-path milestone—while remaining broad enough to encompass more detailed studies for development alternatives.
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Building on the Opportunity Framework (Task 2.2), subarea issues and aspiration statements (Task 3.2), and informed by the existing conditions analysis (Task 2.1), this task includes:
• Develop sketch-level framework concepts for the district subareas that illustrate alternative circulation and network concepts (including potential new street connections, block structure, and key district and airport-edge connections), associated land use and development intensities, and preliminary public realm, open space, and mobility connection ideas. This step includes a focused evaluation of site-specific constraints and opportunities, scoped to the minimum necessary to arrive at a reasonable land distribution pattern. City staff review of the framework concepts will occur as direct input during a workshop / study session (anticipated to be in person) with a variety of department staff, including Planning and Economic Development, as well as participation from GOCAL and the Ontario Airport if feasible.
• Refine the sketch concepts into a preliminary framework that establishes the development envelope needed to initiate CEQA. To ensure the network is not foreclosed prematurely, the preliminary framework may define the analyzed roadway network as a composite of possible options, and may express land use as ranges or a maximum-case scenario, consistent with the parameters CEQA requires for roadway and land use assumptions. This preliminary framework provides the project description that kicks off the traffic analysis midway through the task. • Develop up to two master plan alternatives that illustrate meaningful differences in approach. Each alternative will be developed to fit within the maximum development envelope so that the eventual preferred alternative remains consistent with the traffic analysis and CEQA project description. Each alternative will be developed at a level of detail sufficient to support stakeholder and public engagement (Tasks 6.1.2 and 6.2, Meeting 1) and to inform selection of a preferred direction, and will include an overall master plan diagram for the district, illustrated plan or aerial massing diagrams for each subarea to convey intended character and development form, and sketch-level views to illustrate character (up to six sketch views in total).

Deliverable(s):
» Facilitation of one workshop / study session (up to 2 hours) with City staff (anticipated in person) to review and receive feedback on framework concepts
» Preliminary Framework Plan (slide-based presentation deck) » Land use summary to inform the CEQA Project Description » Up to two master plan alternatives (slide-based presentation deck) Assumptions Task 4.1:

City will provide direction on acceptable parameters for roadway and land use assumptions; Alternatives will be prepared at a planning and programmatic level and will not include parcel-specific entitlement design, detailed engineering, architectural design, or development standards.

Task 4.2 Preferred Alternative
Task 4.2 will refine or choose between the master plan alternatives, establishing a preferred plan. This task resolves the major land use, mobility, public realm, and development framework decisions necessary to advance the planning process into a cohesive and implementable district plan. 45 June 2, 2026 | Page 10
Building on Task 4.1 and informed by stakeholder and public input (Tasks 6.1 and 6.2) received during alternatives review, the PlaceWorks Team, in coordination with Studio One Eleven, will refine the preferred direction into an integrated planning framework for the district. The Preferred Alternative will include refined land use and activity-node articulation; a refined circulation and connectivity framework (high-level roadway, pedestrian, bicycle, transit, and access concepts); streetscape, public realm, open space, and placemaking concepts; identification of catalyst opportunity sites and priority reinvestment areas; planning-level urban design direction sufficient to illustrate intended district character and development form; and refined near-, mid-, and long-term phasing assumptions. The Preferred Alternative will serve as the framework for preparation of the Draft Master Plan document and associated implementation recommendations.

Deliverable(s):
» Draft and Final Preferred Alternative presented as a slide-based deck (consistent in format with the Task 4.1 alternatives, with one round of City input on the draft deck. ) Assumptions Task 4.2:

City direction regarding the preferred alternative will be provided within an agreed time frame following alternatives review. The Preferred Alternative will be prepared at a planning and programmatic level and will not include parcel-specific entitlement design, detailed engineering, architectural design, or development standards.

Task 4.3 Master Plan Document
The purpose of this task is to organize the Preferred Alternative into a cohesive, graphically rich Master Plan document that communicates the long-term vision, planning framework, and implementation direction for the project.

Based on the Preferred Alternative developed under Task 4.2, the PlaceWorks Team will prepare a Draft Master Plan document that establishes a clear and implementable framework for future land use, mobility, public realm, placemaking, and reinvestment efforts within the district. The document may include:
• Planning context, project purpose, and district vision. • The preferred land use and development framework.
• The mobility and circulation framework.
• The public realm, open space, and placemaking framework. • Subarea-specific planning direction and character guidance. • Catalyst opportunity sites and strategic reinvestment areas. • Up to 3 renderings as well as precedent imagery.
• A near-, mid-, and long-term phasing framework.

The document will emphasize visual communication tools to clearly convey the intended planning and urban design outcomes for the district, and this task includes coordination with the environmental team to ensure consistency between the Master Plan and CEQA documentation.

Deliverable(s):
» Admin Draft and Public Review Draft Master Plan document 46 June 2, 2026 | Page 11
» Final Master Plan
Assumptions Task 4.3:

The Master Plan will be prepared as a planning-level policy and visioning document intended to guide future implementation efforts. The document will not include detailed engineering design, construction documents, parcel-specific entitlement plans, or the establishment/revision of a specific plan, unless separately authorized. Development standards developed under Task 5 may be integrated into the master plan, in the city’s development code, or established as a separate document. One consolidated round of City review and revision is assumed for the master plan document. Deliverables will be prepared consistent with applicable accessibility requirements, including WCAG processing under Task 11.2.

Task 4.4 3-D Base Model and Site Verification
Task 4.4 will complement the Opportunity Analysis prepared under Task 2.1. The team will conduct a site visit of the project area and prepare a planning-level 3-D base model using available GIS and aerial data.

The model will support alternative development, massing studies, renderings, and other Master Plan graphics.

Deliverable(s)
» Planning-Level 3-D Base Model
Task 4.5 Design Project Management, Kick-Off Meeting, and Peer Review The Design project manager will coordinate the design process in close coordination with the planning and environmental teams. This includes participation in task 1 and review and comment on deliverables identified in tasks 2, 3, and 5 to ensure the approach and outcomes are coordinated with the design work. This task also includes managing the design team’s scope, schedule, and deliverables; coordinating with the PlaceWorks team staff on design milestones; and ensuring design work products are integrated with the district environmental effort. Our cost estimate is based on the estimated \ schedule with 6 months of design-intensive work, during which the Design PM will attend weekly meetings.

TASK 5. IMPLEMENTATION FRAMEWORK
Task 5 will translate the Master Plan into an actionable implementation roadmap and prepare the nearterm policy and regulatory changes needed to begin implementing the plan.

The implementation strategy will be a critical component of the project. It will establish a realistic roadmap for implementation by identifying barriers, recommending actions to address those barriers, assigning likely timeframes, and sequencing future public and private investments. Where land use regulations or zoning standards are identified as barriers, the scope includes preparation of Policy Plan amendments, zoning updates, development standards, and other implementing tools needed to support the preferred vision, it should be noted, however, that updates to the Guasti Specific Plan or the establishment of alternative zoning options for the Guasti Mixed-Use area would require considerably more time to develop due to the necessary evaluation of historic resources on the site. These tasks have been included as optional tasks and would add 4-6 months to the project schedule. Due to the increased timeframe, the project management fees would also increase.
47 June 2, 2026 | Page 12
Task 5.1 Implementation Strategy
The purpose of this task is to identify the policy, regulatory, and environmental steps required to realize planned changes within the project area and sequence them to ensure the right level of planning work is done at the right time.

Building on the Master Plan's phasing framework and subarea land use recommendations, the PlaceWorks Team will evaluate the existing policy and regulatory environment and recommend an implementation approach. The strategy will address:
• Policy Plan Land Use Designations: Identify where General Plan or Specific Plan designation changes are needed and recommend whether amendments are best pursued individually, by subarea, or comprehensively—timed to align with development readiness and environmental review. • Zoning: Identify zoning changes required to implement the Master Plan, including modified use permissions, development standards, and form-based or design overlay considerations; recommend a sequencing approach that prioritizes near-term opportunity areas. • Sequencing and Prioritization: Organize recommended implementation actions into near-, mid-, and long-term time frames, identifying dependencies, decision points, and opportunities to bundle or streamline actions.

Deliverable(s):
» Draft and Final Implementation Strategy (implementation table with supporting maps) Task 5.2 Policy Plan and Zoning Updates
Task 5.2 is intended to prepare the specific policy and regulatory amendments identified in Task 5.1 as near-term priorities.

Subtask 5.2.1 Policy Plan Updates
Task 5.2.1 covers the Policy Plan amendments needed to align land use designations and community design standards with the Master Plan. The PlaceWorks Team will:
• Policy Plan Land Use: Identify and update, if needed, the appropriate land use designations to implement the Master Plan vision, consistent with Task 5.1 outcomes. • Policy Plan Community Design Place Type: Update the mixed-use district place type governing urban design outcomes within the Multimodal/Guasti district, and consider expanding the place type to include the Convention Center, if appropriate.
• Assess if other elements of the Policy Plan require revisions and provide amendments.

Deliverable(s):
» Admin Draft and Public Review Draft Policy Plan Amendments » Final Policy Plan Amendments
Subtask 5.2.2 Zoning Updates
Task 5.2.2 covers the zoning changes needed to implement the Master Plan land use vision at the parcel level. The PlaceWorks Team will:
48 June 2, 2026 | Page 13
• Zoning Tools: Identify appropriate base zones, overlay zones, or special district designations to implement the Master Plan land use vision, consistent with Task 5.1 outcomes. • Zoning Ordinance: Prepare a Planned Urban Development ordinance or development standards for an alternative zoning mechanism consistent with the Master Plan and Task 5.1 strategy.

Deliverable(s):
» Admin Draft and Public Review Draft development standards (format TBD) » Final development standards
Assumptions Task 5.2:

City will: (1) provide direction on policy and regulatory priorities and constraints; (2) coordinate internal review of zoning concepts; and (3) provide consolidated comments on draft materials. Changes to entitlements for the historic Guasti site are not included in the near-term implementation framework, but direction for future updates will be included in the strategy. One round of City review and revision is assumed per deliverable.

An optional task to address the development standards within the historic Guasti site is included at the end of this scope. Please note that optional task 7.8.1 would also be necessary to support this work, and it would increase the project schedule by 4-6 months. Due to the extended project schedule, additional project management fees may also be needed.

Task 5.3 Implementation Plan
Task 5.3 will establish a framework for the phasing and implementation of Master Plan, including:
• General scheduling and phasing of public facilities and infrastructure. • Outline of private property owners’ and private developers’ responsibilities for implementing the Master Plan.
• Funding and financing plan for public investments.
• Use of special districts to fund enhanced public services in the plan area. • Annual evaluation framework for assessing implementation of the Master Plan.

Deliverable(s):
» Admin Draft and Public Review Draft Implementation Plan » Final Implementation Plan
TASK 6. ENGAGEMENT SUPPORT
Task 6 provides support City staff in conducting stakeholder and public outreach across three phases aligned with key decision points in the planning process.

Task 6.1 Stakeholder Support
The purpose of this task is to support City staff in conducting targeted stakeholder engagement with technical advisors, partner agencies, City officials, and community interests. 49 June 2, 2026 | Page 14
The PlaceWorks Team will support City staff in conducting stakeholder outreach across two engagement phases. The City will lead all outreach; PlaceWorks will prepare materials and attend meetings as coordinated. Two categories of stakeholders are anticipated:
• Technical advisors and partner agencies: City departments (Economic Development, Traffic, Public Works, etc.), City agencies (GOCAL, Airport, etc..), and partner agencies (e.g., OmniTrans). Meetings will be led by City staff and/or the PlaceWorks team as appropriate, budget allowing. • Elected and Community stakeholders: City officials, property owners, developers, and advocacy groups (Historic Preservation, unions, etc.). Meetings will be conducted by City staff; PlaceWorks may attend upon request, budget allowing.

Subtask 6.1.1 Stakeholder Support Phase I
The PlaceWorks Team will support City staff in conducting Phase I engagement focused on identifying district challenges, opportunities, and barriers to reinvestment, and preparing district goals, priorities, and problem statements. The PlaceWorks Team will prepare:
• Stakeholder list and engagement strategy.
• Interview materials and discussion topics, informed by existing conditions analysis. • Documentation template for capturing stakeholder input and communicating outcomes to the PlaceWorks Team.

Deliverable(s):
» Documentation of Stakeholder List and Engagement Strategy, developed in coordination with City Staff
» Stakeholder Input Documentation Template
Subtask 6.1.2 Stakeholder Support Phase II
The PlaceWorks Team will support City staff in conducting Phase II engagement focused on reviewing land use alternatives and ideas. This phase will be conducted concurrently with public outreach (Task 6.2, Phase II). The team will prepare a single set of materials to communicate alternatives, supporting both stakeholder meetings and broader community engagement.

Deliverable(s):
» Alternatives Engagement Materials for stakeholder and public use (coordinated with Task 6.2 Meeting 1)
Task 6.2 Public Engagement Support
The purpose of this task is to support City staff in conducting public-facing engagement to inform and build support for the Master Plan at two key decision points aligned with planning milestones. Logistics and scheduling are understood to be City-led.

Working with City staff, the PlaceWorks Team will support up to two rounds of public-facing engagement, expected to coincide with the Environmental Review milestones:
• Scoping Meeting / Alternatives: Materials and facilitation support to gather community input on environmental scope and alternatives analysis.
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• Public Review / Master Plan: Materials and facilitation support to present the plan and environmental document to the community while it is out for public review.

Materials developed for stakeholder engagement and plan preparation will serve as the foundation. The PlaceWorks team will provide the following support:
• Preparation of public engagement materials (display boards and/or slide deck in English and Spanish. • Support in coordinating with the City Communications team to distribute flyers and social media updates in English and Spanish.
• Documentation of event(s) and comments in coordination with the environmental team.

Deliverable(s):
» Master Plan Engagement Materials (Meeting 2)
» Public Engagement Event Overview
Assumptions Task 6:

Stakeholder outreach and public engagement logistics (meeting scheduling, venue, invitations) are City led.

The City will identify stakeholder groups and participants. PlaceWorks will prepare limited materials and attend up to 8 hours of stakeholder meetings as coordinated by the City. The number and format of engagement events will be confirmed with the City prior to initiation. Two phases of public engagement are anticipated in coordination with environmental meetings; additional events are outside this scope and may be addressed as additional services; up to 3 PlaceWorks Team members may attend public events; translators will be budgeted under reimbursable expenses. Materials for stakeholder support will be provided in English. Materials for public support will be provided in English and Spanish. If additional outreach support to establish surveys, conduct pop-ups, or coordinate social media is required additional fee may be needed.

TASK 7. TECHNICAL STUDIES
Task 7.1 Air Quality, Energy, and GHG Emissions
PlaceWorks will evaluate potential air quality, energy, and greenhouse gas (GHG) emissions impacts associated with buildout of the proposed TOP Multi-Modal Guasti District Master Plan and Convention Center Expansion (proposed project). The air quality and GHG emissions analyses will be consistent with the current methodology of the South Coast Air Quality Management District (South Coast AQMD).

Modeling of criteria air pollutant and GHG emissions will be conducted using the latest version of California Emissions Estimator Model (CalEEMod) and the California Air Resources Board (CARB) On-Road Emission Factors (EMFAC) model and will include a program-level analysis of impacts associated with the Master Plan and a project-level analysis of impacts of the Convention Center District. Where applicable, information from the Policy Plan Amendment SEIR will be used (e.g. building energy consumption data).

Mitigation measures to reduce potential impacts will be identified, as needed, to reduce potentially significant impacts of the project. A description of the individual tasks is provided below and the results of the analysis will be included in the Draft EIR:

Operational Phase Criteria Air Pollutant and GHG Emissions. The proposed project will generate an increase in criteria air pollutant and/or GHG emissions from transportation sources (i.e., vehicles), direct and indirect energy sources (i.e., natural gas and electricity), area sources (i.e., landscape equipment and consumer 51 June 2, 2026 | Page 16
products), indirect emissions from water use and wastewater generation, and indirect emissions from waste disposal. PlaceWorks will estimate the increase in emissions associated with the envisioned buildout of the proposed Master Plan and for the project-level Convention Center District, and compare against the South Coast AQMD’s significance thresholds. Modeling will be based on the average daily trips and vehicle miles traveled (VMT) provided by Fehr & Peers and land use data developed for the Master Plan.

Construction Phase: Convention Center District. PlaceWorks will quantify short-term emissions generated from the proposed Convention Center Expansion based on the anticipated construction schedule and phasing for the project, the anticipated equipment for each construction activity, and demolition debris and soil haul volumes (if applicable), as provided by the City. Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and coordinate with the City to develop the construction assumptions. Maximum daily construction emissions will be compared to the South Coast AQMD regional significance thresholds for construction. Localized air pollution impacts from on-site construction equipment exhaust and fugitive dust will also be compared to South Coast AQMD’s localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the sensitive uses adjacent to the Convention Center District. The South Coast AQMD has adopted LST screening criteria for projects involving no more than five acres of daily ground disturbance. Because construction of the proposed Convention Center District is anticipated to involve daily ground disturbance of more than five acres, dispersion modeling of applicable criteria air pollutants compared to the ambient air quality standards and South Coast AQMD LSTs will be included in the analysis. Because of the potential magnitude of emissions during the construction phase, a construction health risk assessment will also be provided (see Task 7.2, Construction Health Risk, below) and incorporated into the EIR.

Localized Emissions and Health Risk: Master Plan. Due to the programmatic nature of the proposed Master Plan, localized air pollution impacts from on-site construction equipment exhaust and fugitive dust will be qualitatively evaluated. Additionally, it is not anticipated that the planned land uses within the Master Plan area would include industrial or business park uses that would be likely to generate a substantial number of truck trips or stationary source emissions. The EIR will include mitigation measures with performance standards for future discretionary projects within the Plan area to mitigate localized emissions and cumulative health risk, as necessary.

Health Impacts of Criteria Air Pollutants. In 2018, the California Supreme Court determined that the EIR for the Friant Ranch project was inadequate because it did not make a reasonable effort to substantively connect the project’s air quality impacts to likely health consequences or explain in meaningful detail why such analysis is not feasible. Operation of the proposed project could exceed the South Coast AQMD regional significance thresholds. Therefore, at a minimum, PlaceWorks will include a qualitative discussion correlating the proposed project’s criteria air pollutant emissions to potential health effects. Many EIRs still provide a qualitative discussion to address the Friant Ranch ruling because such modeling requires regionalscale photochemical grid modeling tools, and the results of the health incident analysis are not necessarily meaningful to the decision-makers or public.

AQMP Consistency and Other Air Quality Impacts. The South Coast Air Basin (SoCAB) is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O3), fine inhalable particulate matter (PM2.5), coarse inhalable particulate matter (PM10), and lead (Los Angeles County only). South Coast AQMD has adopted air quality management plans (AQMP) to ensure the SoCAB can attain the long-term National and California AAQS. The analysis will include a consistency evaluation of 52 June 2, 2026 | Page 17
the project’s regional emissions to South Coast AQMD’s AQMP. Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California and National AAQS; therefore, the air quality analysis will include a qualitative assessment of CO hotspots. PlaceWorks will also describe potential odor impacts qualitatively.

Energy. PlaceWorks will quantify the net increase in project-related energy use associated with the longterm on-road fuel usage based on VMT provided by Fehr & Peers. Fuel use for on-road vehicles will be modeled using the EMFAC model utilized for the air quality and GHG emissions analyses. Electricity and natural gas use associated with operation of the proposed project will be based directly on the data used for the air quality and GHG emissions analyses (e.g., building energy consumption data from the Policy Plan Amendment SEIR). PlaceWorks will also provide an overview and review of the project’s consistency with applicable energy-related plans, including the City’s Community Climate Action Plan (CCAP) and the State’s 2008 Energy Action Plan for new construction, 2025 Energy Action Plan for existing development, and LongTerm Energy Efficiency Strategic Plan for renewable energy integration and grid load harmonization.

Consistency with GHG Reduction Plans. PlaceWorks will provide a discussion on the GHG reduction goals of Senate Bill 32 (SB 32), Assembly Bill (AB) 1279, and SB 375. To achieve the GHG reduction targets SB 32 and AB 1279, CARB adopted the 2022 Scoping Plan Update. In addition, the Southern California Association of Governments (SCAG) has adopted a regional transportation plan/sustainable communities strategy to ensure that the Southern California region can attain the regional transportation-related GHG reduction goals of SB 375. In addition, the City has a CAP that guides local GHG reduction strategies and sustainability measures. PlaceWorks will provide a project consistency analysis with these applicable statewide, regional, and the local GHG emissions plans.

Deliverable(s):
» Air Quality, Energy, and GHG Emissions sections of the EIR and modeling as an appendix Task 7.2 Construction Health Risk: Convention Center District In 2015, the Office of Environmental Health Hazard Assessment (OEHHA) released updated guidance that recommended an HRA for construction projects that are longer than two months. As a result, commenters have identified the need for CEQA documents to disclose the potential cancer and non-cancer effects associated with construction activities. Based on the magnitude of construction activities associated with the project-level analysis for the Convention Center District, it is reasonably anticipated that project development would require intensive construction activities (e.g., demolition, grading), result in prolonged construction activities exceeding two months, and require use of large diesel-powered off-road equipment during project construction. There is an extended-stay Residence Inn just north of the Convention Center District and single family residential uses west of Corona Avenue.

Given these circumstances, this proposal includes preparation of a project-level construction HRA to analyze the Convention Center District’s site-specific health risks from diesel particulate matter (DPM) from off-road equipment during construction activities. The construction HRA will evaluate the proposed Convention Center District’s off-site community health risks from toxic air contaminants generated by project construction (e.g., DPM). Dispersion modeling using Lakes Environmental AERMOD will be used to support the localized emissions analysis described in Task 7.2. The HRA will use the construction emissions inventory used for air quality and GHG emissions. Cancer and toxicity data published by the California 53 June 2, 2026 | Page 18
Environmental Protection Agency (CalEPA) will be used to estimate long-term and short-term (acute) health risks for off-site sensitive receptors from construction activities. Measures to reduce construction-related health risk impacts will be considered, as necessary.

Deliverable(s):
» Construction HRA summarized in the Air Quality section of the EIR and modeling as an appendix Task 7.3 Noise and Vibration
PlaceWorks will prepare the noise and vibration technical analyses for the proposed project. The technical noise impact analysis will discuss relevant standards and criteria for noise exposure, including those in the TOP 2050 Safety Element and Ontario Municipal Code. Feasible mitigation measures, if required, will be identified to minimize noise and vibration impacts associated with implementation of the proposed project.

Existing Conditions. The dominant noise sources in the project area are Ontario International Airport (ONT) operations to the south and traffic noise from Interstate 10 (I-10) adjacent to the north of the Plan area.

To characterize the existing conditions, PlaceWorks will conduct a noise measurement survey to acquire ambient noise level data using American National Standards Institute (ANSI) approved sound level meters (Larson Davis LxT, Picollo II). The survey will consist of up to four long-term (24-hour) noise-monitoring locations. These measurement locations will be selected by PlaceWorks and will take into consideration the location of existing airport operations, roadways, and future noise sensitive receivers in the project vicinity.

Convention Center District. Noise from the following sources related to the Convention Center District will be assessed using SoundPLAN computer modeling to evaluate project-related operational and construction noise impacts based on source sound levels, receptor locations, shielding, terrain, and site layout. Use of these accepted methodologies allows for receptor-specific prediction of future noise levels and provides a reliable basis for CEQA impact determination, land use compatibility compliance, and site-specific noise mitigation features, if required.
• Transportation Noise. PlaceWorks will assess the potential in traffic noise level increases along access roads (including Guasti Road, East Holt Boulevard, East D Street, and North Vineyard Avenue) based on projected traffic volumes, vehicle mix, roadway geometry, and receptor distance and identify areas along roadway segments that would either be exposed to noise levels above established criteria or result in an increase of more than 3 dBA over the baseline levels. • Stationary Noise. Noise from stationary sources at the site (such as mechanical equipment and parking lot) will also be addressed. Project operational noise contours will be graphically displayed as figures. PlaceWorks will analyze noise impacts from non-transportation sources in terms of potential impacts to noise-sensitive receptors in the immediate vicinity and the noise limitations identified in the City’s Municipal Code.
• Construction Noise. PlaceWorks will provide a quantitative analysis for potential construction impacts associated with implementation of the proposed project. Noise effects from construction activities will be estimated based on available construction information provided by the City, and the results will be discussed in terms of accepted local noise standards. • Vibration. PlaceWorks will provide a quantitative analysis for potential construction impacts associated with implementation of the proposed project. Vibration effects from construction 54 June 2, 2026 | Page 19
activities will be estimated based on available construction information provided by the City, and the results will be discussed in terms of the Federal Transit Administration (FTA) guidance manual on vibration impacts.

Master Plan. The program-level noise and vibration evaluation for the Master Plan will include the following:
• Construction Demolition Noise and Vibration. PlaceWorks will provide a qualitative analysis for potential construction impacts associated with implementation of the Master Plan. Noise and vibration effects from construction activities will be estimated based on available construction information provided by the City, and the results will be discussed in terms of accepted local noise standards and the Federal Transit Administration guidance manual on vibration impacts. • Transportation Noise. PlaceWorks will assess the potential for traffic noise level increases along access roads based on projected traffic volumes, vehicle mix, roadway geometry, and receptor distance and identify areas along roadway segments that would either be exposed to noise levels above established criteria or result in an increase of more than 3 dBA over the baseline levels. • Stationary Noise. PlaceWorks will provide a qualitative analysis for potential noise impacts from potential stationary sources at the site (such as heating and air conditioning mechanical equipment, parking lots) will also be addressed. PlaceWorks will analyze noise impacts from non-transportation sources in terms of potential impacts to noise-sensitive receptors in the immediate vicinity and the noise limitations identified in the City’s Municipal Code.

Deliverable(s):
» Noise section of the EIR and modeling as an appendix.

Task 7.4 Wet and Dry Utilities
The utilities section of the EIR will provide a programmatic impact evaluation of water supply and demand, wastewater infrastructure, stormwater drainage, solid waste disposal, and energy and telecommunications infrastructure within the Plan area. PlaceWorks will incorporate information from the City’s Urban Water Management Plan (UWMP), the City’s Master Plan of Drainage, and CalRecycle’s Solid Waste Information System. The scope assumes no field work, facility evaluations, or modeling to determine the adequacy of these systems and will rely primarily on information provided by the Ontario Municipal Water Company (OMUC) through correspondence, system master plans, and technical reports. The utilities analysis will also include water and wastewater demands with the proposed programmatic buildout of the Master Plan as compared to existing water supplies and sewer/wastewater treatment capacities. In addition, the capacity of landfills throughout San Bernardino County to accept solid waste and the State and local solid waste diversion programs will be considered in determining potential solid waste impacts. The section will be prepared under the direction of a Registered Engineer in the State of California.

Deliverable(s):
» Utilities section of the DEIR and modeling as an appendix 55 June 2, 2026 | Page 20
Task 7.5 Water Supply Assessment: Convention Center District The Convention Center component of the proposed project triggers the need for a project-level water supply assessment (WSA). A WSA is required for business establishments employing more than 1,000 persons or with more than 500,000 square feet.1 Therefore, our scope of work includes a WSA for the convention center component since this is being evaluated at a project level in the DEIR.

PlaceWorks will prepare a Draft WSA for review by OMUC for the Convention Center Expansion. The report will rely on information provided in the City of Ontario’s 2025 UWMP and the City’s 2024 Demand Factor Technical Memorandum, based on land use. The report will include the following information:

1. The availability of water supplies over a historical record of at least 20 years. This includes an identification of any existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project and a description of the quantities of water received in prior years by the City.

2. The quantification of existing and planned sources of water available to the City in 5-year increments for the 20-year projection.

3. For groundwater supplies, the following additional information will be included:
o A description of the Chino Basin from the latest Urban Water Management Plan. o A detailed description and analysis of the amount and location of groundwater pumped by the City in the past five years.
o A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the City.

4. A quantification of the City’s past, current, and projected water demands.

5. A quantification of the water demands for the proposed project and an assessment of the water demand for the proposed project as accounted for in the 2025 UWMP and TOP 2050.

6. A discussion as to whether the public water system’s total projected water supplies available during normal, single dry, and multiple dry water years during a 20-year projection will meet the projected water demand of the proposed project in addition to the public water system’s existing and planned future uses. This will include the evaluation of drought impacts and consideration of variability in demand and supply based on hydrologic conditions.

7. The applicability of the City’s water shortage contingency analysis prepared pursuant to Section 10632 of the Water Code that includes actions to be undertaken by the public water system in response to water supply shortages.

The Draft WSA will be submitted to OMUC for review and comment. After receiving OMUC’s comments and revisions, the Final WSA will be incorporate OMUC’s comments and revisions, and an electronic copy of the document will be provided to OMUC. Our budget assumes 4 hours to address OMUC’s comments and prepare the Final WSA.
1 Projects that would result in water demand equivalent to a 500-unit residential project also trigger the need for a WSA.
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Deliverable(s):
» Draft and Final WSA (MS Word and PDF formats)
Task 7.6 Biological Resources (South Environmental)
South Environmental will conduct a reconnaissance level site survey to map biological resources throughout the Plan area, including plant communities, special-status species, and potential jurisdictional waters. Plants and animals observed on the site will be recorded in a field notebook and representative photos will be taken. The survey area will include the entire Plan area.

A detailed biological resources assessment report will be prepared that describes the Plan, environmental and regulatory settings, maps plant communities and sensitive habitats; discusses the potential for jurisdictional features and special-status species to occur on the Plan area; describes wildlife movement corridors and habitat linkages; and assesses the potential impacts from the Plan to any protected resources (if any). Relevant literature will be reviewed, including but not limited to California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants, National Wetlands Inventory (NWI), National Hydrography Database (NHD), and the Natural Resources Conservation Service (NRCS) Soils Database.

Recommendations and measures will be prepared that include a plan of action when permitting the future projects within the Plan area. A detailed description of what steps (i.e. when a biology report would be required and what level of analysis would be pertinent) would be taken when considering individual projects within the Plan area. Mitigation Measures will include those measures that would need to be followed when pursuing future development of resources that are identified during the survey and discussed in the report. This will be a programmatic level analysis, and mitigation measures will reflect the needs of any future projects that could occur within the Plan area. At a minimum the analysis will include characterization of the biological resources within the Plan area and immediately adjacent areas, and other pertinent resources would be included as requested or if they would be affected by the proposed management within the Plan area.

Deliverable(s):
» Draft and Final Biological Resources Study (PDF format) Task 7.7 Cultural Resources (South Environmental)
South Environmental will conduct a cultural resources study of the Plan area will be prepared that includes the following:

CHRIS Records Search. South Environmental will conduct a California Historical Resources Information Systems (CHRIS) records search of the Plan area and a 200-foot radius at the South Central Coastal Information Center (SCCIC), which houses records for San Bernardino County. The purpose of a records search is to identify any previously recorded cultural resources; review historical maps of the Plan area; review the Archaeological Resources Directory list; and gather information on ethnographies. In addition, South Environmental will review the lists for the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and the lists of California State Historical Landmarks and California 57 June 2, 2026 | Page 22
Points of Historical Interest. We assume that the SCCIC records search will not exceed $1,000 in direct expenses.

Sacred Lands File Search. South Environmental will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if any NAHC-listed Native American sacred lands are located within or adjacent to the Plan area. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. South Environmental will present the results of the Sacred Lands File search but will not conduct outreach to the NAHC-listed contacts unless instructed to by the City. We assume that the City of Ontario does not require assistance with government-to-government Native American consultation under Assembly Bill 52 of 2014 (AB 52) or Senate Bill 18 of 2005 (SB 18).

Cultural Resources Report. Following completion of the CHRIS records search, South Environmental will prepare a report that includes existing environmental, cultural, and regulatory settings, and describes the results of the CHRIS records search. We assume no archaeological surveys are required for this programmatic study. The report will summarize any areas of known significance for archaeological resources. Finally, the report will provide programmatic mitigation measures to conduct cultural resources analysis at the project-specific level when discretionary projects are proposed within the Plan area.

Deliverable(s):
» Draft and Final Cultural Resources Report (PDF format) Task 7.8 Historic Resources (South Environmental)
South Environmental will prepare a report that will include the results of the background and archival research, historical group outreach, and windshield survey. We assume no property significance evaluations are required for this programmatic study. The report will summarize any areas of known significance for historical resources, provide a high-level impacts analysis, and provide programmatic mitigation measures to conduct appropriate historical resources analysis at the project-specific level when discretionary projects are proposed within the Plan area.

Deliverable(s):
» Draft and Final Historic Resources Study (PDF)
South Environmental has also identified an optional task for a detailed inventory of historic resources, included at the end of this scope.

Task 7.9 Paleontological Resources (South Environmental) South Environmental will request a paleontological resources records search from the San Bernardino County Museum (SBCM), which maintains records for San Bernardino County. The purpose of the records search is to identify any previously recorded paleontological resource localities in the vicinity of the Plan area, as well as the paleontological sensitivity of the geologic units present within the Plan area. South Environmental assumes that the direct costs associated with the records search will not exceed $1,000. 58 June 2, 2026 | Page 23
Upon receipt of the paleontological records search results, South Environmental will prepare a paleontological resource technical report following the Society of Vertebrate Paleontology standard guidelines. This report will detail the results of the literature review and museum records search, summarize the paleontological sensitivity of the geologic units within and in the vicinity of the Plan area.

Finally, the report will provide programmatic mitigation measures to conduct paleontological resources analysis at the project-specific level when discretionary projects are proposed within the Plan area.

Deliverable(s):
» Draft and Final Paleontological Resources Study (PDF format) Task 7.10 Transportation (Fehr & Peers)
Subtask 7.10.1 Kick-off, Due Diligence, and Scoping
Fehr & Peers (F&P) will attend a virtual project kick-off working session with the project team and City staff to finalize the project description and approach. This meeting will establish a mutual understanding of the key issues and finalize the scope of work with the project team and City staff, including the following key elements:
• Finalize the project description, including proposed development intensities and land uses. • Define expected events and operations of the convention center. • Approach to the CEQA document and VMT analysis.
• Optional Task: LOS Transportation Study Scoping, including analysis scenarios, study peak hours, trip generation, study intersections, analysis procedures, and forecasting methodology.

F&P will prepare a transportation study scoping memorandum that details the results of the scoping session and planned analysis approach. F&P will respond to one round of City comments before proceeding with the approved analysis approach.

To support the Master Plan development, in advance of the kick-off meeting, F&P will complete research associated with the project site, including the planned transportation improvements and connections in the area. F&P will share appropriate maps and figures with the project team in advance of the kick-off meeting.

Deliverable(s):
» Kickoff meeting attendance
» Existing conditions summary slide deck (for Master Plan) » Scoping Memo
Subtask 7.10.2 Transportation Master Planning
Fehr & Peers will assist in the development of the Convention Center/Guasti District Master Plan. F&P envisions its role as focused on reviewing plans developed by the team and verifying consistency with transportation best practices related to roadway network connectivity and multimodal connectivity, and will provide recommendations to improve overall mobility on the site. Of particular focus will be connections to the Ontario International Airport, planned transit facilities (such as the under59 June 2, 2026 | Page 24
construction West Valley Connector BRT and potential future Ontario Airport mobility hub), and freeway interchanges.

F&P will review and develop conceptual roadway cross-sections with recommendations to improve space allocation and a multimodal layered network. F&P will estimate trip generation for up to three land use alternatives based on the land use programing referencing the Institute of Transportation Engineers (ITE) and EPA’s mixed-use transportation methodologies (MXD).

Subtask 7.10.3 VMT Assessment
Fehr & Peers will conduct VMT assessments consistent with requirements in the California Environmental Quality Act (CEQA), the City’s adopted Transportation Impact Analysis Resolution (2020), and the Office of Land Use and Climate Innovation’s (LCI) Technical Advisory (2018). F&P will approach the VMT assessment in two parts for this effort:
• Project-level assessment for the Ontario Convention Center expansion and new parking structure where project Origin-Destination (OD) VMT and Boundary VMT forecasts are compared to City thresholds of significance.
• Programmatic assessment for the Multi-Modal Guasti District Master Plan where plan-level OD and Boundary forecasts are compared to City thresholds of significance.

VMT Estimates. Fehr & Peers will utilize the latest San Bernardino Transportation Analysis Model (SBTAM+), consistent with the City’s latest general plan amendment updates, to develop traffic forecasts for the proposed project uses, including residential and hospitality. F&P will review the model and update the traffic analysis zone structure at the project site so we can isolate proposed uses at the project site.

F&P will also ensure that the model includes proposed land uses and the approved land uses consistent with the approved plan for the area.

The convention center expansion cannot be easily accounted for in the SBTAM+ model. Therefore, F&P will discuss off-model approaches to appropriately estimate VMT generated by this use. This could include using big data sources, such as Streetlight, or obtaining lists of attendee zip codes for previous events at the convention center. Given the schedule of events that would occur at the convention center are not as frequent as typical uses (such as residential and hotel uses), it is anticipated that the VMT forecasts will need to be annualized for an apples-to-apples comparison in the impact assessment.

F&P will work with the project team in Task 1 to identify the various convention center events and their anticipated frequency to effectively forecast the center’s annual VMT.

VMT forecasts will be prepared for the following scenarios:
• Baseline (2026) No Project
• Baseline (2026) Plus Expanded Convention Center
• Cumulative (2050) No Project
• Cumulative (2050) Plus Expanded Convention Center
• Cumulative (2050) Plus Expanded Convention Center and Multi-modal Guasti District Master Plan 60 June 2, 2026 | Page 25
VMT Impact Assessment. Based on the results of Task 3.1, Fehr & Peers will compare the proposed VMT forecasts against the appropriate comparable thresholds or scenarios and disclose any potential transportation impacts related to VMT. Summary tables will be provided to document total VMT and VMT per service population (the summation of residents and employees) for each of the study scenarios.

Mitigation. If necessary, Fehr & Peers will identify mitigation measures and other unique TDM measures tailored to the project and Multi-modal Guasti District. This could include general measures for everyday application and special event measures for convention center events. Fehr & Peers will work with the City and project team to develop recommendations, priorities, and quantification of trip and parking reduction. As an optional task, if deemed necessary in the mitigation, F&P will prepare a draft Transportation Demand Management (TDM)/Mitigation Plan for the Convention Center project.

CEQA Appendix G Assessment. Fehr & Peers will evaluate the project’s consistency with the CEQA Appendix G checklist and accommodation of non-automotive modes. This will be completed by determining whether the project is consistent with existing and future infrastructure/policies supporting active transportation modes (e.g. consistency of the project with existing or planned bikeway/transit/pedestrian facilities in the area).

Documentation. Fehr & Peers will prepare a draft transportation impact study report that summarizes the analysis methods, data, and the results of the VMT impact analysis and the CEQA Appendix G assessment.

The draft report will be submitted to the project team for review. Up to four hours of staff time are included to respond to one round of consolidated comments from the project team on the draft report.

Deliverable(s):
» Draft and Final Technical Memorandum summarizing VMT Estimates, Appendix G Impact Assessment, and Mitigation Measures
Subtask 7.10.4 Air Quality and Noise Data
Fehr & Peers will provide transportation metrics and traffic forecasts to assist with the air quality, GHG emissions, noise analysis in EIR.

Subtask 7.10.5 Master Plan
Fehr & Peers will support in the development of the Multi-modal Guasti District Master Plan. F&P’s scope assumes they will prepare the transportation/mobility section of the Master Plan. This section will include recommendations on roadway network connectivity and roadway cross-sections, parking requirements, and identification of key mobility strategies (e.g. where bikes and pedestrians should be prioritized within the Plan area and how this project could connect to other planned transportation infrastructure).

For this plan, their efforts will focus on:
• Strategies for intra-district travel between hotels, the convention center, entertainment venues, and the airport, such as microtransit or improved bicycle and pedestrian infrastructure. • Identifying a location for a future regional mobility hub adjacent to the Ontario International Airport. • Optional Task: Parking management strategies for event traffic and typical operations.

Deliverable(s):
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» Draft and Final Transportation/Mobility section in the Multi-modal Guasti District Plan Subtask 7.10.6 Outreach and Public Hearings
Fehr & Peers has budgeted for in-person attendance at two public hearings, such as the scoping meeting and planning commission hearing. Additional meeting attendance can be scoped as needed on a time-andmaterials basis.

Deliverable(s):
» Attendance at two in-person community workshops
» Attendance at two public hearings
Subtask 7.10.7 Meetings and Project Management
Fehr & Peers will attend up to six project team calls as part of this effort. They will also prepare monthly progress reports as part of their monthly billing that will track project completeness along with hours spent on the project.

Deliverable(s):
» Attendance at up to six project team calls
F&P has also identified optional tasks related to the Convention Center District project, included at the end of this scope.

TASK 8. ENVIRONMENTAL PROCESSING
Program EIR. Based on our understanding of the project, we are anticipating the need to prepare an Environmental Impact Report (EIR) for the program-level environmental review associated with the Master Plan. PlaceWorks is acutely aware of the challenge of preparing a Program EIR with so many unknowns in phasing and specific projects. Program EIRs rely on a clear understanding of impacts from the broader plan and policies that take into consideration the uncertainty of individual projects/phasing, development of appropriate significance thresholds, mitigation that includes performance standards that can be applied to the individual phases, and meaningful project alternatives. At this time, we are recommending preparing a new EIR rather than a Subsequent EIR to The Ontario Plan Policy Plan Amendment (anticipated 2026) because the Policy Plan Amendment did not isolate impacts of this Plan area separate from the city as a whole. However, if it is determined at a later date that tiering off the recently Certified SEIR is preferable, the processing schedule would be the same.

Convention Center District. It is also our understanding that the City is seeking a project-level review of the Convention Center Expansion in the CEQA document. Therefore, the Program EIR will also include a projectlevel analysis of impacts associated with the Convention Center District. Air quality, energy, greenhouse gas, noise, water supply assessment, and transportation studies have been scoped to evaluate the sitespecific impacts of this project component. Additionally, the Draft EIR will include a separate impact analysis and mitigation measures specific to the Convention Center District. 62 June 2, 2026 | Page 27
Task 8.1 CEQA Initiation
Subtask 8.1.1 Project Description
PlaceWorks will prepare and submit a comprehensive draft project description that includes all required information (i.e., project location, project features, construction activities, and project approvals) for both the project-level analysis of the convention center and the plan-level analysis of the Master Plan. The project description will be supported with figures that show the regional context, local context, aerial photograph, and convention center conceptual site plan. During the preparation of the project description and in coordination with the City, PlaceWorks will identify and outline the project’s primary objectives.

After one round of review and comments on the draft project description, PlaceWorks will finalize and submit an electronic version to the City.

Subtask 8.1.2 Tribal Consultation Letters
Consultation with California Native American tribes under Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) is the responsibility of the CEQA lead agency—in this case, the City of Ontario. Because the proposed project includes a general plan amendment, Senate Bill 18 tribal consultation will be required. Following receipt of the NAHC search results, PlaceWorks will provide a template notification letters to the tribes included in the search results for the City. It should be noted that NAHC can take up to 10 weeks to fulfill this request.

Deliverable(s):
» Tribal Consultation Template Letter (MS Word format)
» Draft and final project description (MS Word and PDF format) Task 8.2 Notice of Preparation and Scoping Meeting
Subtask 8.2.1 Notice of Preparation
PlaceWorks will prepare the draft Notice of Preparation (NOP) and submit it for review. After approval from the City, PlaceWorks will copy and distribute the NOP to state and local agencies, surrounding property owners, and other special interest groups or individuals identified by the City via email. PlaceWorks will post the NOP with the State Clearinghouse and the San Bernardino County Clerk. The NOP will clearly identify the time period, contact person, and address established for submitting responses. The NOP will provide sufficient information about the project and its potential environmental effects to enable responsible agencies, other agencies, and the public to provide meaningful input into the scoping process.

PlaceWorks assumes that the City will be responsible for publishing the notice in a newspaper and/or posting it on the project site and on the City’s website. PlaceWorks will translate the NOP into Spanish.

Subtask 8.2.2 Scoping Meeting
According to Section 15082(c)(1) of the CEQA Guidelines, the lead agency must conduct at least one scoping meeting for a project that meets the criteria for statewide, regional, or area-wide significance. The criteria for such projects are outlined in Section 15206 of the CEQA Guidelines. The proposed project meets these criteria, and a scoping meeting is required.

PlaceWorks will assist the City to organize and conduct one public scoping meeting to present the preliminary environmental impacts of the proposed project and to solicit comments regarding the scope 63 June 2, 2026 | Page 28
and content of the environmental issues to be addressed in the EIR. We will prepare a PowerPoint presentation for the meeting to be reviewed by the City. The scoping meeting slides will be translated into Spanish. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City.

It is recommended that the scoping meeting be held one to two weeks after the release of the NOP so that the public has time to consider the NOP, and public concerns about environmental issues can be identified.

After the meeting, we will prepare a summary of comments that will be included in the EIR, with reference to where each comment is addressed or an explanation why it is not addressed (e.g., not an environmental issue).

Deliverable(s):
» Draft NOP (Word and PDF format)
» Public Review NOP in English and Spanish (25 overnight + 75 certified mailings, and email) » Electronic submittal of the NOP to the State Clearinghouse CEQAnet web portal » Filing of the NOP with the San Bernardino County Clerk » Preparation and attendance at the public scoping meeting » PowerPoint presentation for the scoping meeting (English and Spanish slide decks) Task 8.3 Administrative Draft EIR
Subtask 8.3.1 First Administrative Draft EIR
An administrative draft environmental impact report (DEIR) will be prepared for the proposed project and will include the following sections:
• Executive Summary. The executive summary is intended to encapsulate the entire DEIR to provide a quick understanding of the project’s potential impacts. It will briefly identify the project description, project objectives, and proposed project timeline. The executive summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant or less than significant) and will contain a summary analysis of the alternatives to the project.

The executive summary will include a comprehensive summary table of project impacts and mitigation measures.
• Chapter 1. Introduction. The Introduction will include the purpose of a DEIR and procedural information.

In addition, this chapter will discuss the format and content of the DEIR and the decision-making process and will identify the responsible and trustee agencies. • Chapter 2. Project Description. CEQA Guidelines Section 15124 states that the project description should contain precise boundaries and location, a clearly written statement of objectives, a general description of the project characteristics and supporting public service facilities, and a statement briefly describing the intended uses of the EIR. It requires that the project description not supply extensive detail beyond what is needed for evaluation and review of the environmental impact. A logical, concise, and organized project description sets the tone and structure of the entire EIR and is essential to developing a defensible EIR. The project description will be based on information provided by the City and will include the project location and setting; the site characteristics; the project objectives; and the characteristics of the project, including a clear description of construction activities, phasing, and assumptions that tie directly into the technical quantitative analyses. 64 June 2, 2026 | Page 29
The description will quantify baseline conditions in comparison to the proposed project to provide a statistical basis for the incremental “project” to be analyzed throughout the DEIR. This chapter will also describe the required permits and approvals for the project will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis.
• Chapter 3. Environmental Impact Analysis. This chapter of the DEIR will include individual topical discussions of the environmental setting, project impacts, cumulative impacts, project design features, applicable mitigation measures, level of significance before mitigation, and level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements. • Chapter 4. Alternatives to the Proposed Project. Our scope is based on the evaluation of up to three alternatives, including the No Project Alternative. In compliance with CEQA, the EIR is required to address a reasonable range of alternatives to be defined and analyzed on the basis of their ability to: 1) avoid or reduce one or more of the project’s significant impacts, and 2) feasibly attain most of the basic objectives of the project.

The analysis of the alternatives will address potential environmental issues, including historic resources, air quality, GHG emissions, traffic, and noise. Impacts resulting from construction and temporary impacts on the surrounding uses (public access, traffic diversion, construction schedule) will also be addressed in the alternatives. It is likely that many of the alternatives considered will be eliminated from further consideration; however, the DEIR will document the reasons for rejecting alternatives. Alternatives identified by public agencies and the public during circulation of the NOP may also be considered. We will work with the City and technical consultants to strategize meaningful project alternatives based on the objectives for the proposed project. Our scope and costs assume that we will include up to three project alternatives, including the No Project/Existing Conditions Alternative and the No Project/TOP 2050 Alternative. The environmentally superior alternative will be identified; if it is the No Project Alternative, then one of the development alternatives will be identified as environmentally superior to the others.
• Chapter 5. Other CEQA Considerations. PlaceWorks will prepare the following CEQA-required analysis sections: significant irreversible environmental changes and growth-inducing impacts. In addition, this chapter will include the environmental effects found to be less than significant and those that are significant and unavoidable.
• Chapter 6. List of Preparers. This chapter will include the City, staff who prepared the EIR, consultants that provided technical assistance, and all persons and sources contacted for the environmental analysis.

Based on our understanding of the proposed project, we expect the DEIR to address all 20 environmental issues, as shown in the list below. These issues will be analyzed in separate sections of the Chapter 3, Environmental Analysis, or Chapter 5, Other CEQA Considerations, 2 for the topics determined to have no
impact. Chapter 3 will discuss the thresholds used to determine if a significant impact would occur; the methodology to identify and evaluate the potential impacts of the proposed project; the existing environmental setting; the potential adverse and beneficial effects of the proposed project; the level of impact significance before mitigation; required mitigation measures; the level of significance after 2 This proposal has identified the following topics as having no impact and would be included in Chapter 5:

Agriculture and Forestry, Mineral Resources, Wildfire.
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mitigation is incorporated; and the potential cumulative impacts of the proposed project and other existing, approved, and proposed development in the area. Our specific approach to environmental topics that are supported by technical studies is detailed in Task 7, Technical Studies, and these topics will be included in Chapter 3 (i.e., Air Quality, Biological Resources, Cultural Resources, Energy, Greenhouse Gas Emissions, Noise, Transportation, and Utilities).
• Aesthetics. The Aesthetics section will focus on the land use changes within the Plan area associated with the proposed project. The EIR will document the views of the project site from existing scenic resources identified in TOP 2050 (e.g., local scenic corridors). PlaceWorks will identify the design standards, elevations, landscape requirements, and lighting standards applicable to the Master Plan that minimize aesthetic impacts of the project and ensure compatibility with adjacent land uses. Our scope of work does not include any conceptual views or view simulations of the project. • Agricultural and Forestry Resources. There are four parcels within the current Guasti Plaza Specific Plan area that are designated as Grazing Land by the California Department of Conservation’s latest Farmland Mapping and Monitoring Program. However, there is no Farmland within the Plan area or parcels designated for agricultural use. There are no sites within the Plan area under Williamson Act contracts. Additionally, the Plan area does not contain timberland or forest resources. No impacts to agriculture and forestry resources are likely and therefore, this topic will be addressed in Chapter 5, Other CEQA Considerations.
• Geology and Soils. PlaceWorks will incorporate the from the TOP 2050 and Policy Plan Amendment SEIR for geotechnical resources for this program-level review of geology and soils. The EIR section will discuss the potential for the proposed project to exacerbate geohazards or impacts to paleontological resources (see also Task 7.7) and will design mitigation measures to reduce the significance level of those impacts.
• Hazards and Hazardous Materials. PlaceWorks will evaluate the potential impacts related to the use, storage, transportation, and disposal of hazardous materials during the construction and operation of future development in the Plan area, including impacts due to upset conditions or within 1,000 feet from a school. This section of the EIR will also identify if the Plan area includes sites listed as hazardous materials sites and sites that are listed on the Cortese List. In addition, potential hazards from airports, and wildland fires will be evaluated and emergency access in the Plan area will be discussed. This section will document regulations and any design standards in the Master Plan that would reduce impacts from hazards and hazardous materials. A more detailed level of discussion will be included for the Convention Center District to address project-level impacts. • Hydrology and Water Quality: The hydrology and water quality section of the DEIR will include the regulatory framework, regional hydrological setting of the City, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards. State, regional, and local plans, laws, and regulations pertaining to hydrology and water quality will be identified, including the City of Ontario Municipal Code Chapter 6, Stormwater Drainage System, the City’s Master Plan of Drainage, and the regional MS4 Permit. The hydrology section will provide a programmatic impact evaluation of future development in terms of the stormwater infrastructure; regulatory requirements for reducing stormwater runoff from master plan development; and issues pertaining to water quality, erosion, siltation, and flooding.
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• Land Use and Planning. PlaceWorks will evaluate consistency of the proposed project with regional goals and policies, including the Southern California Association of Governments’ Regional Transportation Plan / Sustainable Communities Strategy and policies of TOP 2050. • Mineral Resources. The California Geologic Survey identifies that there are no areas of mineral resource significance within the Plan area. No impacts to mineral resources are likely; therefore, this topic will be addressed in Chapter 5, Other CEQA Considerations. • Population and Housing. Potential impacts to population and housing and employment compared to TOP 2050 and regional forecasts will be evaluated in this section. • Public Resources. New residential and nonresidential uses would result in an increase in demand for schools (Chaffey Joint Union High School District, Ontario-Montclair School District, and Cucamonga School District), Ontario Policy Department, Ontario Fire Department, and other emergency services.

The EIR will evaluate how the introduction of residential and nonresidential uses could alter demand for public services in the City. PlaceWorks will coordinate with service providers to ensure that impacts to their facilities are addressed.
• Recreation. The proposed project would result in an increased demand for recreation in the City. The EIR will analyze the demand the proposed project would have on recreational facilities. Satisfaction of parkland dedication requirements will also be discussed. • Tribal Cultural Resources. This section will assess the project’s potential impacts on tribal cultural resources based on any correspondence the City receives from the SB 18- and AB 52-specific Native American tribal contacts (see Task 8.1.2). The SEIR will include mitigation measures coordinated with the tribe(s) and City to reduce the significance level of those impacts. • Wildfire. The Plan area is not within a very high fire hazard zone. No impacts associated with wildfire are likely; therefore, this topic will be addressed in Chapter 5, Other CEQA Considerations.

Subtask 8.3.2 Second Administrative Draft EIR
PlaceWorks will address comments from the City and the City Attorney in the 2nd Administrative DEIR. It is assumed that coordination with the City will be required to resolve outstanding issues/questions:

Deliverable(s):
» 1st Admin Draft EIR (Word and PDF format)
» 2nd Admin Draft EIR (Word and PDF format)
Task 8.4 Public Review Draft EIR
PlaceWorks will prepare a Printcheck Review DEIR and distribute electronically to the City for final approval.

Upon final approval of the Printcheck DEIR, PlaceWorks will prepare the DEIR for public review. This will include final formatting, editing, and QA/QC. We will also work with the City to make sure all deliverables comply with the State Clearinghouse’s new accessibility requirements. Our scope of work assumes that the Notice of Completion (NOC) will be transmitted to interested parties and agencies electronically via email, with the exception of the reference copies at City and the library.

PlaceWorks will prepare the NOC and Notice of Availability (NOA) for City approval and signature. The NOA will be translated into Spanish. PlaceWorks will distribute the NOC and NOA to the State Clearinghouse, 67 June 2, 2026 | Page 32
San Bernardino County Clerk, and parties on the City’s distribution list (assumed to be provided by the City).

This scope of work does not include development or placement of notices in newspapers.

Deliverable(s):
» Printcheck DEIR (Word and PDF format)
» Public DEIR (3 hardcopies + 50 Flash Drives)
» NOA in English and Spanish and distribution list (25 overnight + 75 certified mailings, and email) » Filing of NOC and DEIR with State Clearinghouse
» Filing of the NOA with the San Bernardino County Clerk Task 8.5 Final EIR
Subtask 8.5.1 Administrative Final EIR
At the conclusion of the DEIR public review period, PlaceWorks will work with the City to obtain and catalog all comments received on the DEIR. This catalog of comments will assist the project team to assign responders and alert the team immediately if additional technical review is in order. It is assumed that, if required, the technical consultants will provide any necessary input to the responses to comment letters.

An administrative final environmental impact report (FEIR) will be prepared for the City’s review and will contain revisions/errata to the Draft EIR and the compiled response to comments. PlaceWorks will address one round of comments from the City. It is difficult to predict public reaction to the DEIR. If substantial comments and revision are necessary and exceed our estimated hours, additional fees will be requested.

The Administrative FEIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft EIR. Revisions will be made in underline and/or strike-out text.

Subtask 8.5.2 Public Final EIR
PlaceWorks will submit a Printcheck FEIR to the City. PlaceWorks will finalize the document and distribute the FEIR. The FEIR will be completed at least 10 days prior to potential approval by the City Council.

Deliverable(s):
» Administrative FEIR (Word and PDF format)
» Public Review FEIR (10 transmittals + 10 Flash Drives, and email) Task 8.6 Certification Documents
Subtask 8.6.1 Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMRP will be submitted to the City for review.
68 June 2, 2026 | Page 33
Subtask 8.6.2 Findings of Fact and Statement of Overriding Considerations PlaceWorks will complete Findings of Fact (FOF) for all impacts in the DEIR. If significant and unavoidable impacts are identified, we will prepare a Statement of Overriding Considerations (SOC) for those impacts.

Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR has been completed that identifies one or more significant effects unless the public agency prepares findings for each significant impact. Additionally, Section 15093 requires that when an agency approves a project that will have significant adverse environmental impacts that are unavoidable, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. A draft FOF/SOC will be submitted to the City for review.

Subtask 8.6.3 Notice of Determination
PlaceWorks will prepare a draft Notice of Determination (NOD) for review by the City. After the City takes action certifying the FEIR and approves the project, PlaceWorks will file the NOD with the Governor’s Office of Land Use and Climate Innovation (LCI) (formerly the Office of Planning and Research), and the San Bernardino County Clerk. Our budget includes fee costs associated with filing with the County Clerk and California Department of Fish and Wildlife.

Deliverable(s):
» Draft and Final MMRP (Word and PDF format)
» Draft and Final FOF/SOC (Word and PDF format)
» NOD Filing with the San Bernardino County Clerk + CDFW Fees » NOD Filing with the State Clearinghouse
Task 8.7 CEQA Meetings
Monthly Virtual Meetings. Communication is key to a project’s success. Our cost estimate is based on our attendance at virtual meetings with the City every-other week. Nicole and the APM will attend these meetings. Technical staff will be included as needed.

Other In-Person Meetings. Our budget also includes two in-person meetings in addition to the twice monthly meetings. We can attend additional coordination meetings as requested; such meetings will be charged on a time-and-materials basis.

Deliverable(s):
» 1 kick-off meeting (see Task 1)
» Twice monthly virtual meetings (28 total, CEQA PM)
» 2 In-Person Meetings (CEQA PM)
Task 8.8 CEQA Project Management
This task covers the efforts to manage the PlaceWorks CEQA team; manage the EIR preparation effort; and maintain constant, close communication between the City and the broader technical team. This task is intended to ensure that the project will be completed on time and within budget and that all work products are of the highest quality. PlaceWorks’ CEQA Project Manager, Nicole Vermilion, will coordinate the team’s work for the communication of issues, transmittal of comments, financial management, and other project 69 June 2, 2026 | Page 34
management matters. Monthly invoices and project progress reports will be provided for the duration of the project. Our cost estimate is based on the estimated schedule (up to 14 months) in this proposal. If this schedule is extended beyond PlaceWorks’ control, additional fees may be requested for project management.

TASK 9. HEARINGS
Our PIC, PM, and CEQA PM will attend up to four public hearings (2 Planning Commission and 2 City Council). Our team will serve as an extension of City staff and answer questions regarding the Master Plan and environmental document and impact analyses, as directed by City staff. We can attend additional public hearings as requested; such hearings will be charged on a time-and-materials basis. PlaceWorks’ technical specialists will attend public hearings upon request based on time and materials at our rates effective at the time.

Deliverable(s):
» Up to 4 public hearings (PM and CEQA PM)
TASK 10. PLANNING PROJECT MANAGEMENT
Monthly Virtual Meetings. Communication is key to a project’s success. Our cost estimate is based on our attendance at virtual meetings with the City every-other week. Colin and Halley will attend these meetings, advisory staff will be included as needed.

Other In-Person Meetings. Our budget also includes two in-person meetings in addition to the twice monthly meetings. We can attend additional coordination meetings as requested; such meetings will be charged on a time-and-materials basis.

Planning and Overall Project Management. This task covers the efforts to manage the PlaceWorks project team; manage the planning effort; and maintain constant, close communication between the City and the broader technical team. This task is intended to ensure that the project will be completed on time and within budget and that all work products are of the highest quality. PlaceWorks’ Principal in Charge, Colin Drukker, and Project Manager, Halley Grundy, will coordinate the team’s work for the communication of issues, transmittal of comments, financial management, and other project management matters. Monthly invoices and project progress reports will be provided for the duration of the project. Our cost estimate is based on the estimated schedule in this proposal. If this schedule is extended beyond PlaceWorks’ control, additional fees may be requested for project management.

Optional Tasks
Optional Task 2.3 Economic and Market Analysis
This optional task would prepare a planning-level evaluation of market conditions and potential barriers to reinvestment in the district to supplement the Hotel Market Analysis currently being prepared as well as any other studies or analyses already completed by the City and its agencies. This assessment would focus on three key areas: businesses, facilities, and events that would attract visitors to the plan area; businesses that serve visitors; and other residential or employment-generating uses to provide daytime spending support.
70 June 2, 2026 | Page 35
We will collaborate with City staff to define the appropriate scope of work for this task, which will depend on the extent of recent economic and market studies the City has had prepared or that have been submitted to the City. This task would need to be completed prior to the completion of task 3.2, and may include evaluation of the following market segments, with the ultimate scope to be determined in concert with City staff:
• Hospitality and entertainment trends.
• Visitor-serving retail and restaurant opportunities.
• Mixed-use and redevelopment potential.
• Residential development potential.
• Office and employment-supportive uses.
• Convention-supportive activity patterns.
• Market and redevelopment barriers currently limiting reinvestment activity in the district.

Deliverable(s):
» Draft and Final Market and Redevelopment Assessment Memorandum Assumptions:

City will provide any available market studies, hotel analyses, or related technical materials. Scope and focus will be confirmed with the City prior to initiation.

Optional Task 5.4 Updated Development Standards for the Historic Site within the Guasti Specific Plan This optional task would prepare updated development standards for the Historic Site within the Guasti Specific Plan area. If elected it is anticipated that the existing specific plan would be repealed and new standards would be established through a planned urban development (PUD). These standards would provide broad guidance for the development of the site and would be complemented by historic preservation guidelines and mitigation measures, included in the Master Plan, Implementation Plan, and Final EIR. We will collaborate with City staff to define the appropriate depth and scope of such development standards. If desired, this task together with tasks 4.4, 4.1, 5.2, and 5.3 could be repositioned to establish a specific plan rather than a master plan + development standards, but an additional fee may be required.

The decision to include this area in changes to land use and development standards must be established prior to the development of the statistical summary for the preliminary framework plan. The decision to establish a specific plan should be made prior to the issuance of the NOP.

Deliverable(s)
» Draft and Final development standards (format TBD)
Assumptions:

Decision to include this optional task is provided prior to finalizing the statistical summary for the framework plan. The Decision to develop a specific plan is made prior to the issuance of the NOP. The resulting development standards will not include the same level of detail or guidance related to historic 71 June 2, 2026 | Page 36
(and tree) preservation as the existing specific plan. Instead, historic studies, evaluations, and historic preservation measures will be established to ensure that future projects conduct the necessary studies to develop the site. Including this task would extend the timeline by 4-6 months. To include this task, optional task 7.8.1 would also be required, and the project management fee for design (task 4.4), planning (task 10), and environmental (8.8) would increase by 25 percent to reflect the extended project timeframe.

Changing the deliverables from a master plan, implementation plan, and development standards to a specific plan may also require additional fee.

Optional Task 7.8.1 Updated Evaluation of the Guasti Village Historic District (South Environmental) South Environmental understands that the Guasti Village Historic District received an updated evaluation in 2008 as part of the Guasti Specific Plan. As part of the 2008 study, 55 buildings were recorded and evaluated on California Department of Parks and Recreation Series 523 (DPR) forms as part of the Guasti Conservation Plan, which aimed to document all existing on-site buildings and structures; provide an updated conditions assessment; propose architectural salvage from demolished buildings; provide proposed treatments for preservation, conservation, and protection of historic features; and establish guidelines for new construction and design review procedures.

Since 2008, it appears that numerous buildings have been demolished, altered, or relocated. Therefore, it is recommended that an updated recordation and significance evaluation be prepared for the historic district in consideration of its existing conditions. This evaluation is recommended because it would provide valuable information that could be used to make informed decisions about the historic district and associated resources in the planning process.

As part of this task, South Environmental architectural historians would conduct an intensive-level pedestrian survey of the historic district, inclusive of all buildings and structures, taking detailed notes and photographs. Supplemental archival research would also be completed, as warranted, to provide a comprehensive historic context for the district and confirm its major character-defining features and period of significance. South Environmental assumes no more than 20 buildings/structures/features within the historic district would require consideration as part of the update. No resources outside the boundaries of the district are included in the evaluation. This task does not include preparation of an updated conservation plan or design guidelines, nor does it include recommended treatments/conditions assessments of the existing buildings.

Optional Task 7.10.8 LOS Local Transportation Study
At the request of the City, Fehr & Peers can prepare a Traffic Impact Assessment for the Convention Center project. This task is typically requested by the City as required for general plan compliance, but is not required for CEQA. The final scope and fee will be determined through the study scoping process with the City. This tasks assumes that Fehr & Peers would prepare trip generation, trip distribution, and trip assignment for the Convention Center project. Up to 25 study intersections and up to two peak hours per intersection would be conducted. Additionally new traffic counts would be conducted. Traffic forecasting would be prepared using the travel demand model developed for TOP 2050 and updated with the latest 72 June 2, 2026 | Page 37
general plan amendments, including Eucalyptus Business Park Specific Plan. The Traffic Impact Assessment would include the following scenarios: Existing Conditions, Opening Year With and Without Project (Convention Center), and Cumulative Year With and Without Project (Master Plan Buildout). Typical AM and PM peak hour and one weekday event scenario would be conducted. Synchro HCM (7th edition) would be used for delay estimates and LOS. Additionally, off-ramp queueing at Caltrans ramp terminal intersections would be provided. The Traffic Impact Assessment would also identify improvements and, if warranted, fair share estimates. The results of the analysis would be summarized in the Traffic Impact Assessment report.

Optional Task 7.10.9 Parking/Transportation Demand Management Study If identified as a mitigation measure or in response to public comment, Fehr & Peers recommends preparing a TDM memorandum following the completion of the VMT assessment.

Optional Task 7.10.10 Event Transportation Management Plan If identified as a mitigation measure, as a condition of approval following completion of the local transportation study, or in response to public comment, Fehr and Peers recommends preparation of an event transportation management plan. This would be prepared following the completion of the local transportation impact study.

Proposed Schedule and Cost Estimate
The proposed schedule and cost estimate are provided as attachments. 73 June 2, 2026 | Page 38
Table 1. PlaceWorks 2026 Standard Fee Schedule
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. As Principals, Colin Drukker and Nicole Vermilion are both authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. If you have any questions, please contact either of us via phone or email.

We look forward to working with you to bring about the successful completion of this project.

Respectfully submitted,

PLACEWORKS
COLIN DRUKKER, Principal NICOLE VERMILION, Principal
714.966.9220 x2307 714.966.9220 x2344
[email protected] [email protected]
74 BB&K (2024) 18 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
EXHIBIT "B"

SCHEDULE OF SERVICES
(Document to follow this page)
75 ID Tas
Mo
Task Name Duration Start Finish Predecessors
1 Task 1. Project Kickoff and Alignment 5 days Tue 6/23/26 Mon 6/29/26 2 Kickoff Meeting 0 days Tue 6/23/26 Tue 6/23/263 Project Alignment 1 wk Tue 6/23/26 Mon 6/29/26 24 Task 2. Opportunity Assessment 40 days Tue 6/23/26 Mon 8/17/265 2.1 Opportunity Analysis 5 wks Tue 6/23/26 Mon 7/27/26 26 2.2 Opportunity Framework 5 wks Tue 7/14/26 Mon 8/17/26 5FS-2 wks7 Optional Task 2.3 Economic and Market Analysis 5 wks Tue 7/14/26 Mon 8/17/26 5FS-2 wks8 Task 3. Vision 45 days Tue 6/23/26 Mon 8/24/269 3.1 Comparative District Analysis 5 wks Tue 6/23/26 Mon 7/27/26 2 10 3.2 Vision Statements 3 wks Tue 8/4/26 Mon 8/24/26 6FS-2 wks11 Task 4. Master Plan Development 245 days Tue 6/23/26 Mon 5/31/2712 4.1 Preliminary Framework Phase I: (Project Description) 6 wks Tue 8/4/26 Mon 9/14/26 6FS-2 wks13 4.1 Preliminary Framework Phase II: (Alternatives) 8 wks Tue 9/15/26 Mon 11/9/26 1214 4.2 Preferred Alternative 6 wks Tue 11/10/26 Mon 12/21/26 1315 4.3 Master Plan Document 10 wks Tue 1/5/27 Mon 3/15/27 14FS+2 wks16 4.4 3-D Base Model and Site Verification 4 wks Tue 6/23/26 Mon 7/20/26 217 4.5 Design Project Management, Kick-Off Meeting, and Peer Review
12 mons Tue 6/30/26 Mon 5/31/27 1
18 Task 5. Implementation Framework 110 days Tue 9/15/26 Mon 2/15/27 Project Kickoff and Alignment
6/23
Kickoff Meeting
Project Alignment
Task 2. Opportunity Assessment

2.1 Opportunity Analysis

2.2 Opportunity Framework
nal Task 2.3 Economic and Market Analysis
Task 3. Vision
1 Comparative District Analysis

3.2 Vision Statements
Task 4. Master Plan Development
reliminary Framework Phase I: (Project Description)

4.1 Preliminary Framework Phase II: (Alternatives)

4.2 Preferred Alternative

4.3 Master Plan Document
D Base Model and Site Verification

4.5 Design Project Management, Kick-Off Meeting, and Peer Review Task 5. Implementation Framework
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Q TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
Multi-Modal Guasti District
Master Plan + CEQA Schedule

Project: MultiModalGuastiDistrDate: Mon 6/1/26
Exhibit "B" Schedule of Services
76 ID Tas
Mo
Task Name Duration Start Finish Predecessors
19 5.1 Implementation Strategy 13 wks Tue 9/15/26 Mon 12/14/26 12 20 5.2 Policy Plan & Zoning Updates 40 days Tue 12/22/26 Mon 2/15/2721 Subtask 5.2.1 Policy Plan Updates 5 wks Tue 12/22/26 Mon 1/25/27 1422 Subtask 5.2.2 Zoning Updates 8 wks Tue 12/22/26 Mon 2/15/27 1423 5.3 Implementation Plan 9 wks Tue 12/15/26 Mon 2/15/27 1924 Task 6. Engagement Support 140 days Tue 6/23/26 Mon 1/4/2725 6.1 Stakeholder Support 100 days Tue 6/23/26 Mon 11/9/2626 Subtask 6.1.1 Stakeholder Support Phase 1 6 wks Tue 6/23/26 Mon 8/3/26 227 Subtask 6.1.2 Stakeholder Support Phase 2 8 wks Tue 9/15/26 Mon 11/9/26 1228 6.2 Public Engagement Support (meeting 1) 8 wks Tue 11/10/26 Mon 1/4/27 1329 Task 7. Technical Studies 180 days Tue 6/23/26 Mon 3/1/2730 7.1 AQ, Energy, & GHG 8 wks Tue 1/5/27 Mon 3/1/27 47,4231 7.2 Construction HRA (Convention Center) 8 wks Tue 1/5/27 Mon 3/1/27 47,30FF32 7.3 Noise & Vibration 6 wks Tue 1/5/27 Mon 2/15/27 47,4233 7.4 Wet & Dry Utilities 8 wks Tue 10/27/26 Mon 12/21/26 47,34FF34 7.5 WSA (Convention Center) 10 wks Tue 10/13/26 Mon 12/21/26 4735 7.6 Biological Resources (South Environmental) 8 wks Tue 8/18/26 Mon 10/12/26 47FF36 7.7 Cultural Resources (South Enviromental) 10 wks Tue 8/4/26 Mon 10/12/26 47FF

5.1 Implementation Strategy

5.2 Policy Plan & Zoning Updates
Subtask 5.2.1 Policy Plan Updates
Subtask 5.2.2 Zoning Updates

5.3 Implementation Plan
Task 6. Engagement Support

6.1 Stakeholder Support
sk 6.1.1 Stakeholder Support Phase 1
Subtask 6.1.2 Stakeholder Support Phase 2

6.2 Public Engagement Support (meeting 1)
Task 7. Technical Studies

7.1 AQ, Energy, & GHG

7.2 Construction HRA (Convention Center)

7.3 Noise & Vibration

7.4 Wet & Dry Utilities

7.5 WSA (Convention Center)

7.6 Biological Resources (South Environmental)

7.7 Cultural Resources (South Enviromental)
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Q TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
Multi-Modal Guasti District
Master Plan + CEQA Schedule

Project: MultiModalGuastiDistrDate: Mon 6/1/26
77 ID Tas
Mo
Task Name Duration Start Finish Predecessors
37 7.8 Historic Resources (South Environmental) 16 wks Tue 6/23/26 Mon 10/12/26 47FF 38 7.9 Paleontological Resources (South Enviromental) 10 wks Tue 8/4/26 Mon 10/12/26 47FF39 7.10 Transportation (Fehr & Peers) 80 days Tue 9/15/26 Mon 1/4/2740 Subtask 7.10.1 Kickoff, Due Diligence, and Scoping 4 wks Tue 9/15/26 Mon 10/12/26 1241 Subtask 7.10.2 Transportation Master Planning 8 wks Tue 10/13/26 Mon 12/7/26 4042 Subtask 7.10.3 VMT Study 12 wks Tue 10/13/26 Mon 1/4/27 4043 Subtask 7.10.4 AQ and Noise Data 4 wks Tue 10/13/26 Mon 11/9/26 4044 Subtask 7.10.5 Master Plan 4 wks Tue 12/8/26 Mon 1/4/27 4145 Task 8. Environmental Processing 239 days Tue 9/15/26 Sun 8/15/2746 8.1 CEQA Initiation 118 days Tue 9/15/26 Thu 2/25/2747 Subtask 8.1.1 - Project Description 4 wks Tue 9/15/26 Mon 10/12/26 1248 Subtask 8.1.2 Tribal Consultation 91 edays Thu 11/26/26 Thu 2/25/27 5249 8.2 NOP and Scoping Meeting 33 days Tue 10/13/26 Thu 11/26/2650 Subtask 8.2.1 - NOP 33 days Tue 10/13/26 Thu 11/26/2651 Draft NOP 2 wks Tue 10/13/26 Mon 10/26/26 4752 30-day NOP 31 edays Mon 10/26/26 Thu 11/26/26 5153 Subtask 8.2.2 Scoping Meeting 0 days Mon 11/9/26 Mon 11/9/26 52SS+2 wks54 8.3 Admin Draft EIR 120 days Tue 10/27/26 Mon 4/12/27

7.8 Historic Resources (South Environmental)

7.9 Paleontological Resources (South Enviromental)

7.10 Transportation (Fehr & Peers)
Subtask 7.10.1 Kickoff, Due Diligence, and Scoping
Subtask 7.10.2 Transportation Master Planning
Subtask 7.10.3 VMT Study
Subtask 7.10.4 AQ and Noise Data
Subtask 7.10.5 Master Plan
Task 8. Environmental Processing

8.1 CEQA Initiation
Subtask 8.1.1 - Project Description
Subtask 8.1.2 Tribal Consultation

8.2 NOP and Scoping Meeting
Subtask 8.2.1 - NOP
Draft NOP
30-day NOP
11/9
Subtask 8.2.2 Scoping Meeting

8.3 Admin Draft EIR
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Q TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
Multi-Modal Guasti District
Master Plan + CEQA Schedule

Project: MultiModalGuastiDistrDate: Mon 6/1/26
78 ID Tas
Mo
Task Name Duration Start Finish Predecessors
55 Subtask 8.3.1 - 1st Admin Draft EIR 4 mons Tue 10/27/26 Mon 2/15/27 52SS 56 Subtask 8.3.2 - 2nd Admin Draft EIR 4 wks Tue 3/16/27 Mon 4/12/27 55FS+4 wks57 8.4 Public Review Draft EIR 46 edays Mon 5/10/27 Fri 6/25/27 56FS+4 wks,15FS+2 wks58 8.5 Final EIR 37 days Mon 6/21/27 Tue 8/10/2759 Subtask 8.5.1 Admin Draft FEIR 3 wks Mon 6/21/27 Fri 7/9/27 57FF+2 wks60 Subtask 8.5.2 Public Final EIR 11 edays Fri 7/30/27 Tue 8/10/27 59FS+3 wks61 8.6 Certification Documents 35 days Mon 6/28/27 Sun 8/15/2762 Subtask 8.6.1 - MMRP 2 wks Mon 6/28/27 Fri 7/9/27 57FF+2 wks63 Subtask 8.6.2 - FOF/SOC 2 wks Mon 6/28/27 Fri 7/9/27 57FF+2 wks64 Subtask 8.6.3 - NOD 5 edays Tue 8/10/27 Sun 8/15/27 6765 9. Hearings 20 days Tue 7/13/27 Tue 8/10/2766 PC (1 and 3 Tues) 0 days Tue 7/13/27 Tue 7/13/27 57,59FS+2 days67 CC (2 and 4 Tues) 0 days Tue 8/10/27 Tue 8/10/27 60,66FS+21 edays Subtask 8.3.1 - 1st Admin Draft EIR
Subtask 8.3.2 - 2nd Admin Draft EIR

8.4 Public Review Draft EIR

8.5 Final EIR
Subtask 8.5.1 Admin Draft FEIR
Subtask 8.5.2 Public Final EIR

8.6 Certification Documents
Subtask 8.6.1 - MMRP
Subtask 8.6.2 - FOF/SOC
Subtask 8.6.3 - NOD

9. Hearings
7/13
PC (1 and 3 Tues)
8/10
CC (2 and 4 Tues)
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Q TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
Multi-Modal Guasti District
Master Plan + CEQA Schedule

Project: MultiModalGuastiDistrDate: Mon 6/1/26
79 BB&K (2024) 19 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
EXHIBIT "C"

COMPENSATION
(Document to follow this page)
80 The PlaceWorks Team
TOP Multi-Modal Guasti District Master Plan and Associated CEQA Documentation COST PROPOSAL | CITY OF ONTARIO: Master Plan, June 1, 2026

PLACEWORKS SUBCONSULTANTS

DRUKKER GRUNDY VERMILION HAINES GUNNELLS SO VASQUEZ SHIELDS

INCE-USA

PARK EL CHAMMAS

GASS PE
BUSH PE BIAGINI PARKS HEREDIA MILLER PADILLA Studio 111 Fehr & Peers South Environmental Title Principal Sr Associate Principal APM Chief Economist Associate Planner Associate Proj. Designer Sr Associate Sr Associate Sr Engineer Sr Engineer Associate Associate Associate Associate Associate Role: PiC PM CEQA PiC/PM CEQA APM Economist Designer Planner Planner Designer Noise Lead

AQ/GHG/
Energy Lead
Hydro/WQ/
Hazards Lead
Utilities,
Hydro, WSA
CEQA
Planner

AQ/GHG/
Energy

AQ/GHG/
Energy
Utilities,
Hydro
Translation
Hourly Rate: $290 $235 $285 $170 $270 $190 $140 $175 $150 $260 $255 $250 $230 $190 $185 $170 $160 $145 $260 $160 $135 $170 $170 $150 Task 1. Project Kickoff and Alignment1.1 Kickoff meeting (Virtual) 8 16 8 8 16 56 $12,760 $0 $0 $12,760 Task 1. Subtotal 8 16 8 8 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 56 $12,760 $0 $0 $0 $0 $0 $12,760 Task 2. Opportunity Assessment2.1 Opportunity Analysis 16 36 50 80 70 6 48 306 $60,660 $0 $0 $60,660

2.2 Opportunity Framework 6 10 6 24 46 $10,270 $0 $0 $10,270 Task 2. Subtotal 22 46 0 0 56 104 70 0 0 0 0 0 6 0 0 0 0 0 0 48 0 0 0 0 352 $70,930 $0 $0 $0 $0 $0 $70,930 Task 3. Vision3.1 Comparative District Analysis 6 16 6 8 36 $8,640 $0 $0 $8,640

3.2 Vision Statements 6 12 6 20 44 $9,980 $0 $0 $9,980
Task 3. Subtotal 12 28 0 0 12 28 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 80 $18,620 $0 $0 $0 $0 $0 $18,620 Task 4. Master Plan Development4.1 Alterntatives + Land Use Statistical Summary 20 85 20 12 45 8 190 $41,035 120440 $12,044 $132,484 $173,519

4.2 Preferred Alternative 6 8 64 24 $6,000 46,020 $4,602 $50,622 $56,6224.3 Master Plan Document 8 12 4 12 888 60 $12,420 54,800 $5,480 $60,280 $72,7004.4 3-D Base Model and Site Verification 0 $0 18,940 $1,894 $20,834 $20,8344.5 Design Project Mngt, Kick-Off Meeting, and Peer-Review 0 $0 37,685 $3,769 $41,454 $41,454 Task 4. Subtotal 34 105 0 0 30 28 45 0 0 0 0 0 0 0 0 0 0 0 0 8 0 8 8 8 274 $59,455 $277,885 $0 $0 $27,789 $305,674 $365,129 Task 5. Implementation Framework5.1 Implementation Strategy 12 12 4 8 24 60 $14,160 $0 $0 $14,160

5.2 Policy Plan and Zoning Updates 0 $0 $0 $0 $0

5.2.1 Policy Plan Updates 4 6 86 88 40 $8,290 $0 $0 $8,290

5.2.2 Zoning Updates 20 60 40 150 8 16 294 $58,390 $0 $0 $58,390

5.3 Implementation Plan 24 40 40 40 888 168 $38,680 $0 $0 $38,680 Task 5. Subtotal 60 118 4 0 48 112 6 150 0 0 0 0 0 0 0 0 0 0 16 24 0 8 8 8 562 119520 $0 $0 $0 $0 $0 $119,520 Task 6. Engagement Support6.1 Stakeholder Support 0 $0 $0 $0 $0

6.1.1 Stakeholder Engagement Phase I 8 30 10 12 60 $14,350 2,600 $260 $2,860 $17,210

6.1.2 Stakeholder Engagement Phase II 10 16 10 6 42 $10,500 12,160 $1,216 $13,376 $23,876

6.2 Public Engagement Support 16 40 40 40 20 20 176 $33,740 19,340 $1,934 $21,274 $55,014 Task 6. Subtotal 34 86 0 0 20 58 40 20 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 278 $58,590 $34,100 $0 $0 $3,410 $37,510 $96,100 Task 7. Technical Studies7.1 Air Quality, Energy, and GHG Emissions 2 25 121 148 $27,515 $0 $0 $27,5157.2 Construction Health Risk (Convention Center) 2 10.5 42 6 60.5 $11,828 $0 $0 $11,828

7.3 Noise & Vibration 1 19 77 4 101 $18,855 $0 $0 $18,855

7.4 Wet and Dry Utilities 4 40 60 104 $19,940 $0 $0 $19,9407.5 Water Supply Assessment (Convention Center) 1 16 20 3 3 3 46 $8,530 $0 $0 $8,5307.6 Biological Resources 4 4 $1,140 $16,648 $1,665 $18,313 $19,4537.7 Cultural Resources 4 4 $1,140 $8,638 $864 $9,502 $10,6427.8 Historic Resources 4 4 $1,140 $21,644 $2,164 $23,808 $24,9487.9 Paleontological Resources 2 2 $570 $7,328 $733 $8,061 $8,631

7.10 Transportation 4 8 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 $6,460 $0 $96,185 $0 $9,619 $105,804 $112,264

7.10.1 Kickoff, Due Diligence, and Scoping 4 4 $1,140 $9,465 $947 $10,412 $11,552

7.10.2 Transportation Master Planning 24 6 $1,520 $18,505 $1,851 $20,356 $21,876

7.10.3 VMT Assessment 8 8 $2,280 $31,220 $3,122 $34,342 $36,622

7.10.4 Air Quality and Noise Data 0 $0 $8,200 $820 $9,020 $9,0207.10.5 Master Plan 24 6 $1,520 $12,260 $1,226 $13,486 $15,006

7.10.6 Outreach and Public Hearings 0 $0 $6,340 $634 $6,974 $6,9747.10.7 Meetings and Project Management 0 $0 $10,195 $1,020 $11,215 $11,215 Task 7. Subtotal 4 8 36 0 0 0 0 0 0 19 35.5 0 56 0 42 198 80 0 0 0 13 3 0 3 497.5 $97,118 $0 $96,185 $54,258 $15,045 $165,488 $262,606 Task 8. Environmental Processing8.1 CEQA INITIATION 0 8 17 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5 0 3 57 $11,965 00 0 $0 $0 $11,965

8.1.1 Project Description 816 16 44 2 50 $10,680 $0 $0 $10,680

8.1.2 Tribal Consultation Letters 14 11 7 $1,285 $0 $0 $1,285

8.2 NOP AND SCOPING MEETING 4 10 12 8 0 0 0 0 0 0 0 0 0 0 0 0 0 14 0 0 0 0 0 0 48 $10,320 00 0 $0 $0 $10,320

8.2.1 Notice of Preparation 2 48 2 16 $3,260 $0 $0 $3,260

8.2.2 Scoping Meeting 48 80 12 32 $7,060 $0 $0 $7,060

8.3 ADMIN DRAFT EIR 0 4 79 352 0 0 0 0 0 0 0 8 12 34 0 16 36 0 0 0 46 60 0 38 685 $125,105 00 0 $0 $0 $125,105

8.3.1 1st Admin Draft EIR 0 4 49 272 0 0 0 0 0 0 0 8 12 30 0 0 20 0 0 0 46 60 0 30 531 $95,715 00 0 $0 $0 $95,7158.3.2 2nd Admin Draft EIR 30 80 416 16 8 154 $29,390 $0 $0 $29,390

8.4 PUBLIC REVIEW DRAFT EIR 0 0 24 24 0 0 0 0 0 0 0 0 0 2 0 4 4 4 0 0 0 0 34 0 96 $18,980 00 0 $0 $0 $18,980 Public Review Edits + CEQAnet + County Clerk 24 24 2 444 62 $13,200 $0 $0 $13,200 WCAG 2.0 Level AA processing 34 34 $5,780 $0 $0 $5,780

8.5 FINAL EIR 0 0 34 28 0 0 0 0 0 4 24 4 4 0 0 0 0 0 0 0 0 8 0 10 116 $26,390 00 0 $0 $0 $26,390

8.5.1 Admin Draft Final EIR 30 20 4 24 4 4 86 100 $23,290 $0 $0 $23,290

8.5.2 Public Final EIR 48 4 16 $3,100 $0 $0 $3,100

8.6 CERTIFICATION DOCUMENTS 0 0 19 80 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 6 115 $21,615 00 0 $0 $0 $21,615

8.6.1 MMRP 28 11 12 $2,250 $0 $0 $2,250

8.6.2 FOF/SOC 16 68 84 96 $18,080 $0 $0 $18,0808.6.3 NOD 14 11 7 $1,285 $0 $0 $1,285

8.7 MEETINGS 28 28 44 4 68 $15,720 $0 $0 $15,720

8.8 CEQA PROJECT MANAGEMENT 56 14 70 $18,340 $0 $0 $18,340 Task 8. Subtotal 4 22 269 554 0 0 0 0 0 8 28 12 20 36 0 20 40 18 0 0 50 83 34 57 1,255 $248,435 $0 $0 $0 $0 $0 $248,435 Task 9. Hearings9.1 Hearings (1 PC + 1 CC) 816 16 40 $10,640 $0 $0 $10,640 Task 9. Subtotal 8 16 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 $10,640 $0 $0 $0 $0 $0 $10,640 Task 10. Project Management10.1 Planning Project Management 60 92 8 160 $41,180 $0 $0 $41,180 Task 10. Subtotal 60 92 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 160 $41,180 $0 $0 $0 $0 $0 $41,180 Labor Dollars Total 246 537 333 562 174 346 161 170 20 27 64 12 82 36 42 218 120 18 16 80 63 102 50 76 3555 Labor Hours Total $71,340 $126,195 $94,905 $95,540 $46,980 $65,740 $22,540 $29,750 $3,000 $7,020 $16,193 $3,000 $18,860 $6,840 $7,770 $37,060 $19,200 $2,610 $4,160 $12,800 $8,505 $17,340 $8,500 $11,400 $737,248 $311,985 $96,185 $54,258 $508,672 $1,245,920 PlaceWorks Percent of Total Labor 6.9% 15.1% 9.4% 15.8% 4.9% 9.7% 4.5% 4.8% 0.6% 0.8% 1.8% 0.3% 2.3% 1.0% 1.2% 6.1% 3.4% 0.5% 0.5% 2.3% 1.8% 2.9% 1.4% 2.1% 100.0% REIMBURSABLE EXPENSESPlaceWorks Reimbursable Expenses $17,670 Reimbursable Expenses Total $17,670
GRAND TOTAL $1,263,59010% CONTINGENCY $126,359GRAND TOTAL WITH CONTINGENCY $1,389,949*Optional Tasks are not included in the budget, but estimated fee can be provided upon request SUBCONSUBCONSULT
ANTS
TOTAL
TOTAL
TASK
BUDGET
PlaceWorks Hours
PLACEWORKS
TOTAL
Urban Design Transportation,
Traffic & Parking
Biological &
Archeo/Paleo &
Historical
10% SubconSubconsultan
ts
Markup
Technical
Editing WP/ Clerical

DOCUMENT SUPPORT
GIS Lead
WCAG 2.1
AA
Compliance
Env Rpt
Graphics
GIS

PLACEWORKS
Exhibit "C" Compensation
81 Department: Fire Department
Prepared By: Sagar Patel
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: AUTHORIZE THE PURCHASE AND INSTALLATION OF MICROWAVE RADIO EQUIPMENT FROM AVIAT U.S., INC. FOR THE FIRE ADMINISTRATION BUILDING

PROJECT

CITY OF ONTARIO
Agenda Report
October 6, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or designee, to execute the purchase and installation of microwave radio equipment from Aviat U.S., Inc., of Austin, TX, for a not-to-exceed amount of $229,541.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT: The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Capital Projects Fund for the Fire Administration Building Project. The proposed contract with Aviat U.S., Inc. for the procurement and installation of microwave radio equipment for the Fire Administration Building is for a total contract not-to-exceed amount of $229,541.

BACKGROUND & ANALYSIS: On June 4, 2024, the City Council approved the construction of the new Ontario Fire Administration Building. The Fire Administration Building consists of a three-story, 32,062 SF, Type II-B building, with associated on-site and off-site improvements and is located at the southeast corner of Francis Street and Parco Avenue. Construction is well underway, with completion anticipated in February 2027. The new Fire Administration Building will house the Ontario Fire 911 Dispatch Center and Emergency Operations Center (EOC). Aviat Networks' microwave technology is used to transmit all San Bernardino County 700/800 MHz emergency radio traffic to and from the new 911 dispatch center. The Aviat Networks IRU600 (11 GHz EHP) Microwave Radio solution is required to conform to the San Bernardino County-wide microwave network and will be maintained and supported solely by San Bernardino County under the City contract after the initial one-year Aviat Networks warranty expires. San Bernardino County radio support staff are trained and certified on the Aviat technology. They also stock replacement hardware in the event of a microwave network outage. For these reasons, a sole-source, noncompetitive procurement with Aviat U.S., Inc. is recommended and will maintain compatibility with the Countywide public safety radio system and preserve established maintenance and emergency support.
82 Therefore, Staff recommends approval of the purchase and installation of the proposed Aviat IRU600 (11 GHz EHP) Microwave Radio solution and related equipment from Aviat U.S., Inc. of Austin, TX in the not-to-exceed amount of $229,541 to maintain compatibility and interoperability with San Bernardino County's existing Aviat microwave infrastructure. Utilizing the same proven proprietary technology platform will ensure seamless integration, simplify network management, improve reliability, and provide consistent performance across the radio system. 83 EQUIPMENT LIST PRODUCT CODE UNIT SYSTEM

ITEM DESCRIPTION PART NUMBER PRICE QTY PRICE

1.000 ECLIPSE PRODUCTS

1.100 IRU ASSEMBLIES

1.101 IRU600v4 RFSEC ASSY MHSB RX UNEQUAL SPLIT, IF TR EHP 11 GHz, Filter-non ACCP EV206-AEB-AE0-410000 $22,365 2 $44,730 Waveguide Extension Kits

1.102 WG EXT KIT IRU600 V3 11GHZ SH1-PO1, 1+0/MHSB 2 ANT, MHSB/SD 179-530135-AA123 $333 1 $333

1.103 WG EXT KIT IRU600 V3 11GHZ SH4-PO4, 1+0/MHSB 2 ANT, MHSB/SD 179-530135-DD423 $1,629 1 $1,629

1.104 EXT BRKT KIT IRU600 4 SHELF 179-530089-003 $210 2 $420

1.200 INUe Components

1.201 ECLIPSE, INTELLIGENT NODE UNIT 2RU, INC IDCE, FAN, NCCV4, HIGH OUTPUT EXX-000-206 $1,880 2 $3,760

1.202 NODE PROTECTION CARD, HIGH OUTPUT EXS-002 $310 2 $620

1.203 KIT BRACKET 2RU (179-530064-001_R001) 179-530064-001 $19 2 $38 Modem Card

1.204 RAC 70v2, QPSK-4096QAM, NO XPIC, ACM EXR-700-002 $840 4 $3,360 L2 Switch Card

1.205 DAC GE3 GIGABIT ETHERNET SWITCH CARD EXD-181-002 $950 4 $3,800

1.206 CABLE PROT / BRIDGEING GE3, DIRECT FIT, 1M (VAHS-30-0342 REV X2) 037-579461-001 $57 2 $114

1.207 SFP Elec GIGE RJ45 100m 0 to 70C 083-845434-001 $104 2 $208

1.208 GIG ETH SFP, OPT MMF 850nm LC 1000BASE-SX, <550M (LM28-C3S-TC-N) 079-422662-001 $37 2 $74

1.209
CABLE, ETHERNET, CAT 5E, SHIELDED, 26 AWG, INDOOR, BOTH ENDS RJ45 (M) CONNECTORS, 2M (6.56'), BLACK 037-579124-002 $4 4 $16
Auxilliary Card

1.210 AUX, ALARM I/O CARD EXA-001 $282 2 $564

1.211 CABLE, ALARM I/O, 24AWG, HD15 TO WIREWRAP, 15M (037-579470-015V_REVX1) 037-579470-015 $106 2 $212

1.300 Licensing

1.301 50 Mbps Node radio capacity Licence EZE-08001-EC $106 2 $212

1.302 SECURE MANGEMENT, INU, inc SNMPV3 NODAL EZF-03-EC $1,847 2 $3,694

1.303 PAYLOAD ENCRYPTION NODAL RAC70/7X/60/6X/60E/6XE EZF-04-EC $1,232 2 $2,464

1.304 RADIUS CLIENT, NODAL CENTRALIZED USER ACCT MGMT EZF-06-EC $462 2 $924

2.000 Rack and Accessories

2.001
RACK ASSY CRATED, 7' CHATSWORTH ALUMINUM, 1 BREAKER PNL W/10 BLANK COVERS AND NO BREAKERS 179-530307-0113 $1,754 1 $1,754

2.002
GROUND BAR,KIT,RACK,R56 COMPLIANT,72 INCHES L X 5/8 INCHES WIDE X 1/4 INCHES DEPTH (TRGBVKIT145872AWA) LOC-TRGBVKIT145872W $678 1 $678

2.003
CHANNEL MOUNTING, FORWARD, U-SHAPE, 4 INCHES LONG (FORWARD) X 5/8 INCHES WIDE X 1.75 INCHES HIGH (1 RU) 020-018475-005 $24 3 $72

2.004 COMMON BREAKERS & BLANKING PLUGS PER RACK PER DRAWING COMMON-BREAKERS-RACK $89 2 $178

3.000 Antenna System

3.100 11GHz Antennas

3.101
ANTENNA, 10/11 GHz, 1.0M (3ft), SENTINEL, HP, REMOTE MOUNT, DISH (STD: WHITE), 10.125 - 11.700 GHz, RADOME (STD: GRAY), DUAL POL., Class III+/FCC101A, SINGLE PIECE REFLECTOR, 250 KMPH, 200 KMPH (SHPX3-11W-6WH/B) AND-SHPX3-11W-6WH $2,055 2 $4,110

3.102
TERMINATION LOAD,WAVEGUIDE,10/11 GHZ,BLOCK (LOAD),MATING FLANGE,PDR100/CPR90G,DUAL POLARIZED,RAM TYPE (112614-100) AND-112614-100 $394 2 $788

3.103
STRUT, INBOARD SIDE KIT FOR 3 FT, 4 FT AND 6 FT COMMSCOPE MICROWAVE ANTENNAS (VSTRUTP3KIT) 086-000011-002 $255 2 $510

3.200 11GHz Waveguide and Accessories

3.201 ELLIPTICAL WAVEGUIDE STANDARD, 10.2-11.7 GHZ, BLACK PE JACKET, PER FOOT (EW90-F) AND-EW90-F $11 262 $2,882

3.202 EW90INSTALL-KIT (ONE KIT PER WAVEGUIDE RUN) (EW90INSTALL-KIT) AND-EW90INSTALL-KIT $1,865 2 $3,730

3.203 HARDWARE-KIT (ONE KIT PER 100FT) 179-530526-001 $476 4 $1,904

3.204 WAVEGUIDE CUSHION HANGER, KITS, EW90, 1 HOLE (BAG OF 5 KITS) 018-510090-001 $101 28 $2,828

3.205 ENTRY BOOT, KIT, FOR EW90 AND EWP90, 4", 3-HOLE (BAEW903) VLT-BAEW903 $73 2 $146

3.300 Dehydrator

3.310
DEHYDRATOR, AUTOMATIC, LAB4.50, 10-60 KPA, 300 L/H, 100-240VAC 50/60 HZ AND 48-60VDC INPUT, ETHERNET, 6 OUTLETS 3/8", INC. PWR CABLE 3M, 30M TUBING, 6 STRAIGHT + 6 X 90 DEG. FITTING, MOUNTING: WALL, FLOOR/RACK, VIBRATION FEET K16796 (C16600.602) CIB-C16600.602 $5,959 1 $5,959 9/10/2026 - 5:52 PM
@BCL@04171A77 - 1 of 2
84 EQUIPMENT LIST PRODUCT CODE UNIT SYSTEM

ITEM DESCRIPTION PART NUMBER PRICE QTY PRICE

3.311 FILLER PANEL; 3 RU, 19"W X 5.22"H; CLEAR (30024-503) CHT-30024-503 $48 1 $48

3.312 MANIFOLD, 1 PORT INLET, 2 PORTS OUTLET AND SHUT OFF VALVES, 3/8" PUSH-ON FITTING CIB-K15019-007 $300 1 $300

3.313 FEED THROUGH ENTRY PANEL, 102MM (4") 4 HOLES, 2X2 (FTP4-2X2) RFS-FTP4-2X2 $116 1 $116

4.000 DC Power System

4.100 Eltek FPS Intrepid DC Power System

4.200
EMPTY CHASSIS, FLATPACK S INTREPID POWER SYSTEM, NO CONTROLLER, -48VDC, REAR ACCESS, 200 AMP MAX, LVBD & SHUNT, 2RU, 19", MID/FLUSH MOUNT, 6 EMPTY RECTIFIER POSITIONS, 4 LOAD BREAKER. 2 BATTERY BREAKER AND 10 GMT POSITIONS (NOT INCLUDED) (FPSK59I-ANL-VC) ELT-FPSK59I-ANL-VC $3,335 1 $3,335

4.300
RECTIFIER, FOR FLATPACK S INTREPID, 1 RU, 100-250 VAC INPUT, 48 VDC OUTPUT, 1800 WATTS, 37.5 AMP @ 220 VAC INPUT, 20 AMP @ 110 VAC INPUT (241122.125.VC) ELT-241122.125.VC $1,307 6 $7,842

4.400
SMARTPACK S CONTROLLER WITH A01 PROFILE: 48V FP S, 2RU STANDARD CONFIGURATION, SNMP (SPS-FPS200-A01-VV) ELT-SPS-FPS200-A01-VV $1,223 1 $1,223

4.500 BLIND PANEL, FOR EMPTY FLATPACK S INTREPID RECTIFIER SLOT (331E00116500) ELT-331E00116500 $42 3 $126

4.510
CABLE, DUAL HEADED LINE CORD, 2x AMP MATE-N-LOCK CONNECTORS TO UNTERMINATED, 10AWG, 20FT ELT-LC2010-UU $252 3 $756

4.520 CIRCUIT BREAKER, 30 AMP PLUG-IN BULLET, MIDTRIP (CBB030M) ELT-CBB030M $43 4 $172

4.620 CIRCUIT BREAKER, 20 AMP PLUG-IN BULLET, MIDTRIP (CBB020M) ELT-CBB020M $49 4 $196

4.720
BREAKER, PLUG-IN 125A BULLET BUS STRAP WITH C-FRAME HOUSING, FOR BRIDGING CIRCUIT BREAKER POSITION, SINGLE-POLE (338437) ELT-338437 $49 2 $98

4.820 PULLER, FOR BULLET BREAKER (BBPULR-01) ELT-BBPULR-01 $53 1 $53

5.820 RACK, ZONE 4 STEEL, RELAY RACK 7" X 19 (S07-420399-001) LOC-S07-420399-001 $1,740 1 $1,740

5.920 Enersys 48V Battery Set

6.020
BATTERY, SET OF 4 X 12V125F BATTERY CELLS, 48V, 125 AH, 8 RU HEIGHT, 4.1" WIDTH/CELL, 22.1"

DEPTH/CELL, INCLUDES ALL INTERCONNECT STRAPS, HARDWARE AND INSTALL MANUAL, FRONT ACCESS, NO TRAY ENE-A12V125F $3,487 2 $6,974

6.120
BATTERY CABLE KIT, 100A, 20 FEET, #4 BLACK WIRE AND LUGS, FOR 4 BATTERY BREAKERS (CONNECT BATTERIES IN FRONT OR REAR), WITHOUT ALARM CABLE (289733) ELT-289733 $356 2 $712

6.220 BATTERY TRAY KIT, 19 INCHES, WITH 100AMP DISCONNECT BREAKER (259243) ELT-259243 $705 2 $1,410

7.000 Services

7.100 Factory Integration Services

7.101 RADIO INTEGRATION SVCS-IN-SIPQ-RI $2,254 1 $2,254

7.102 CONFIG ENG / DOCUMENTATION / DRAFTING SVCS-IN-SS-CEDFT $2,096 1 $2,096

7.200 Engineering Services

7.201 NETWORK/SYSTEM ENGINEERING SVCS-PN-EN-SE $2,844 1 $2,844

7.202 FREQUENCY AND LICENSE APPLICATIONS SVCS-PN-EN-XE $1,414 1 $1,414

7.203 PROJECT ENGINEERING - SITE SURVEY SVCS-IN-SS-PE $7,271 1 $7,271

7.204 Path and Site Survey (Completed under NA220610-83909) SVCS-PN-EN-XE

7.300 Installation, Testing and Removal Services

7.301 FIELD INSTALL (RADIOS) - Includes Radio and Testing SVCS-IN-IC-FI $19,325 1 $19,325

7.302 FIELD INSTALL (ANTENNAS) - Including Pipe mount at Aerojet SVCS-IN-IC-AS $43,082 1 $43,082

7.303 DC Power Supply Installation at Fire Dispatch SVCS-IN-IC-FI $5,483 1 $5,483

7.400 Project Management

7.401 PROGRAM MANAGEMENT SVCS-IN-PM-PM $5,695 1 $5,695

7.402 PROJECT ENGINEERING SVCS-IN-SS-SS $5,495 1 $5,495

8.000 AviatCare / Warranty Support

8.001 WARRANTY PLUS IW- NA&C, 36 MONTHS, IRU-600 (Year 1 - 3) SNA-BWXXA1003638 $374 4 $1,496

9.000 Tax & Freight

9.001 Estimated Freight FREIGHT $4,965 1 $4,965

9.002 Estimated Sales Tax; Sales Tax Rate = 8.75% TAX-CSV $10,309 1 $10,309 Grand Total (Including Applicable Sales Taxes and Freight) $229,541 9/10/2026 - 5:52 PM
@BCL@04171A77 - 2 of 2
85 (BB&K 2024) - 1 - Goods and Services Agreement

CITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Aviat U.S., Inc. a Delaware Corporation with its principal place of business at 200C Parker Drive, Suite 100A, Austin, Texas 78728 (“Vendor”).

City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

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

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

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Fire Administration Building Microwave Radio System Equipment and Services (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
86 (BB&K 2024) - 2 - Goods and Services Agreement

2. TERM.

2.1 The term of this Agreement shall be from October 6, 2026 to June 30, 2026, unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.

3. FEES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Twenty-Nine Thousand, Five Hundred FortyOne Dollars ($229,541) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Payment of Compensation. Vendor shall submit to City a monthly itemized invoice which indicates work completed and Services rendered by Vendor and Goods provided. The invoice shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the statement and pay all non-disputed and approved charges thereon.

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

3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section.

In the event the City erroneously deposits funds into a Vendor account, or otherwise deposits funds to which Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to which Vendor is not entitled; and (3) Vendor authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Vendor is not entitled.
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4. RESPONSIBILITIES OF VENDOR.

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

4.2 Schedule of Services.

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

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

4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Vendor to any additional compensation unless mutually agreed to by the parties. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 88 (BB&K 2024) - 4 - Goods and Services Agreement

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

4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and Goods is found to be in accordance with the City’s specifications. Goods shall be inspected and accepted within ten (10) business days of delivery to City’s designated delivery site. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time during Vendor’s warranty period to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

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

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

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement. City shall provide prior written notice requesting removal of Vendor’s employee and detailing the reason for such dissatisfaction.

4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or per Vendor’s warranty period, from the date of acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, any defective Goods within three (3) business days of notice or as agreed to by the parties. and in case of emergency, as determined by the parties. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that 89 (BB&K 2024) - 5 - Goods and Services Agreement
Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 Reserved.

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

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

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all applicable requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor.

Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections. 90 (BB&K 2024) - 6 - Goods and Services Agreement

4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

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

4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

4.10.7 Water Quality.

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 91 (BB&K 2024) - 7 - Goods and Services Agreement

4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s noncompliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

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

4.10.7.4 4.10.7.4 Risk of Loss and Title. Title to Goods and risk of loss shall transfer to City upon delivery to City’s designated delivery site. Project Management

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

4.12 Vendor’s Representative. Vendor hereby designates Hermogenes Decano , or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

5. INSURANCE.

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

5.2 Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following levels of coverage:
92 (BB&K 2024) - 8 - Goods and Services Agreement

5.2.1 Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) liability assumed under an insured contract (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

5.2.2 Limits of Insurance. Vendor shall maintain limits of: (1) General Liability:
$2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

5.2.3 Manufacturer of Goods. If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of $1,000,000.

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

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

5.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
93 (BB&K 2024) - 9 - Goods and Services Agreement

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

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

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

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

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

Requirement of specific coverage or limits contained in this Section are not intended as a limitation 94 (BB&K 2024) - 10 - Goods and Services Agreement
on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

5.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

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

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

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

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

6. INDEMNIFICATION.

Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all reasonable expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence, or willful misconduct of the City.
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Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding . Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s reasonable attorney’s fees and costs, including reasonable expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR (A) ANY SPECIAL, INDIRECT,

INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PARTY, INCLUDING

THIRD PARTIES, EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR (B) LOSS OF

REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOST SAVINGS,

ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY IN THEIR ESSENTIAL PURPOSE. THIS

LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN

CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR BREACH OF WARRANTY).

IN NO EVENT SHALL VENDOR’S TOTAL LIABILITY TO CITY OR ANY PARTY CLAIMING

THROUGH CITY EXCEED THE GREATER OF THREE HUNDRED THOUSAND UNITED STATES DOLLARS ($300,000.00 USD) OR THE ACTUAL SALES PRICE PAID BY CITY FOR

ANY GOODS OR SERVICES SUPPLIED HEREUNDER, EXCLUDING ANY CHARGES STATED SEPARATELY FROM THE GOODS OR SERVICES PRICE ON THE INVOICE.

7. CALIFORNIA LABOR CODE

7.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 96 (BB&K 2024) - 12 - Goods and Services Agreement
1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

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

7.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.

8. SAFETY.

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

9. ACCOUNTING RECORDS.

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

10. TERMINATION OF AGREEMENT.

10.1 Grounds for Termination. City may, by prior written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to 97 (BB&K 2024) - 13 - Goods and Services Agreement
Vendor of such termination, and specifying the effective date thereof, at least ten (10) business days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City up to and including the date of termination, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods in accordance with the terms of this Agreement, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause and City’s material breach of this Agreement. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

11. GENERAL PROVISIONS.

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

Vendor:

Aviat U.S., Inc.
200C Parker Drive, Suite 100A
Austin, Texas 78728
Attn: Legal Department
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Samuel Scott Brown
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.

11.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
98 (BB&K 2024) - 14 - Goods and Services Agreement

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

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

11.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.

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

11.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, which consent shall not be unreasonably withheld. 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.

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

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

11.10 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.

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

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
99 (BB&K 2024) - 15 - Goods and Services Agreement

11.12 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.

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

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

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

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

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

SIGNATURES ON NEXT PAGE
100
(BB&K 2024) - 16 - Goods and Services Agreement

SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND AVIAT U.S., INC.

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

CITY OF ONTARIO AVIAT U.S., INC.

By:

Its: President & CEO
Printed Name: Pete Smith
By:

Its: VP General Counsel/Secretary
Printed Name: Erin Boase
[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:

Assistant City Clerk
101

EQUIPMENT LIST PRODUCT CODE UNIT SYSTEM

ITEM DESCRIPTION PART NUMBER PRICE QTY PRICE

1.000 ECLIPSE PRODUCTS

1.100 IRU ASSEMBLIES

1.101 IRU600v4 RFSEC ASSY MHSB RX UNEQUAL SPLIT, IF TR EHP 11 GHz, Filter-non ACCP EV206-AEB-AE0-410000 $22,365 2 $44,730 Waveguide Extension Kits

1.102 WG EXT KIT IRU600 V3 11GHZ SH1-PO1, 1+0/MHSB 2 ANT, MHSB/SD 179-530135-AA123 $333 1 $333

1.103 WG EXT KIT IRU600 V3 11GHZ SH4-PO4, 1+0/MHSB 2 ANT, MHSB/SD 179-530135-DD423 $1,629 1 $1,629

1.104 EXT BRKT KIT IRU600 4 SHELF 179-530089-003 $210 2 $420

1.200 INUe Components

1.201 ECLIPSE, INTELLIGENT NODE UNIT 2RU, INC IDCE, FAN, NCCV4, HIGH OUTPUT EXX-000-206 $1,880 2 $3,760

1.202 NODE PROTECTION CARD, HIGH OUTPUT EXS-002 $310 2 $620

1.203 KIT BRACKET 2RU (179-530064-001_R001) 179-530064-001 $19 2 $38 Modem Card

1.204 RAC 70v2, QPSK-4096QAM, NO XPIC, ACM EXR-700-002 $840 4 $3,360 L2 Switch Card

1.205 DAC GE3 GIGABIT ETHERNET SWITCH CARD EXD-181-002 $950 4 $3,800

1.206 CABLE PROT / BRIDGEING GE3, DIRECT FIT, 1M (VAHS-30-0342 REV X2) 037-579461-001 $57 2 $114

1.207 SFP Elec GIGE RJ45 100m 0 to 70C 083-845434-001 $104 2 $208

1.208 GIG ETH SFP, OPT MMF 850nm LC 1000BASE-SX, <550M (LM28-C3S-TC-N) 079-422662-001 $37 2 $74

1.209
CABLE, ETHERNET, CAT 5E, SHIELDED, 26 AWG, INDOOR, BOTH ENDS RJ45 (M) CONNECTORS, 2M (6.56'), BLACK 037-579124-002 $4 4 $16
Auxilliary Card

1.210 AUX, ALARM I/O CARD EXA-001 $282 2 $564

1.211 CABLE, ALARM I/O, 24AWG, HD15 TO WIREWRAP, 15M (037-579470-015V_REVX1) 037-579470-015 $106 2 $212

1.300 Licensing

1.301 50 Mbps Node radio capacity Licence EZE-08001-EC $106 2 $212

1.302 SECURE MANGEMENT, INU, inc SNMPV3 NODAL EZF-03-EC $1,847 2 $3,694

1.303 PAYLOAD ENCRYPTION NODAL RAC70/7X/60/6X/60E/6XE EZF-04-EC $1,232 2 $2,464

1.304 RADIUS CLIENT, NODAL CENTRALIZED USER ACCT MGMT EZF-06-EC $462 2 $924

2.000 Rack and Accessories

2.001
RACK ASSY CRATED, 7' CHATSWORTH ALUMINUM, 1 BREAKER PNL W/10 BLANK COVERS AND NO BREAKERS 179-530307-0113 $1,754 1 $1,754

2.002
GROUND BAR,KIT,RACK,R56 COMPLIANT,72 INCHES L X 5/8 INCHES WIDE X 1/4 INCHES DEPTH (TRGBVKIT145872AWA) LOC-TRGBVKIT145872W $678 1 $678

2.003
CHANNEL MOUNTING, FORWARD, U-SHAPE, 4 INCHES LONG (FORWARD) X 5/8 INCHES WIDE X 1.75 INCHES HIGH (1 RU) 020-018475-005 $24 3 $72

2.004 COMMON BREAKERS & BLANKING PLUGS PER RACK PER DRAWING COMMON-BREAKERS-RACK $89 2 $178

3.000 Antenna System

3.100 11GHz Antennas

3.101
ANTENNA, 10/11 GHz, 1.0M (3ft), SENTINEL, HP, REMOTE MOUNT, DISH (STD: WHITE), 10.125 - 11.700 GHz, RADOME (STD: GRAY), DUAL POL., Class III+/FCC101A, SINGLE PIECE REFLECTOR, 250 KMPH, 200 KMPH (SHPX3-11W-6WH/B) AND-SHPX3-11W-6WH $2,055 2 $4,110

3.102
TERMINATION LOAD,WAVEGUIDE,10/11 GHZ,BLOCK (LOAD),MATING FLANGE,PDR100/CPR90G,DUAL POLARIZED,RAM TYPE (112614-100) AND-112614-100 $394 2 $788

3.103
STRUT, INBOARD SIDE KIT FOR 3 FT, 4 FT AND 6 FT COMMSCOPE MICROWAVE ANTENNAS (VSTRUTP3KIT) 086-000011-002 $255 2 $510

3.200 11GHz Waveguide and Accessories

3.201 ELLIPTICAL WAVEGUIDE STANDARD, 10.2-11.7 GHZ, BLACK PE JACKET, PER FOOT (EW90-F) AND-EW90-F $11 262 $2,882

3.202 EW90INSTALL-KIT (ONE KIT PER WAVEGUIDE RUN) (EW90INSTALL-KIT) AND-EW90INSTALL-KIT $1,865 2 $3,730

3.203 HARDWARE-KIT (ONE KIT PER 100FT) 179-530526-001 $476 4 $1,904

3.204 WAVEGUIDE CUSHION HANGER, KITS, EW90, 1 HOLE (BAG OF 5 KITS) 018-510090-001 $101 28 $2,828

3.205 ENTRY BOOT, KIT, FOR EW90 AND EWP90, 4", 3-HOLE (BAEW903) VLT-BAEW903 $73 2 $146

3.300 Dehydrator

3.310
DEHYDRATOR, AUTOMATIC, LAB4.50, 10-60 KPA, 300 L/H, 100-240VAC 50/60 HZ AND 48-60VDC INPUT, ETHERNET, 6 OUTLETS 3/8", INC. PWR CABLE 3M, 30M TUBING, 6 STRAIGHT + 6 X 90 DEG. FITTING, MOUNTING: WALL, FLOOR/RACK, VIBRATION FEET K16796 (C16600.602) CIB-C16600.602 $5,959 1 $5,959 9/16/2026 - 11:21 AM
NA251009-59001_Ontario Fire_Ontario Fre Dispatch - Aerojet_IRU600 MW Quote_vA_12012025_NEW_With SalesTAX - 1 of 2 Exhibit A
102

EQUIPMENT LIST PRODUCT CODE UNIT SYSTEM

ITEM DESCRIPTION PART NUMBER PRICE QTY PRICE

3.311 FILLER PANEL; 3 RU, 19"W X 5.22"H; CLEAR (30024-503) CHT-30024-503 $48 1 $48

3.312 MANIFOLD, 1 PORT INLET, 2 PORTS OUTLET AND SHUT OFF VALVES, 3/8" PUSH-ON FITTING CIB-K15019-007 $300 1 $300

3.313 FEED THROUGH ENTRY PANEL, 102MM (4") 4 HOLES, 2X2 (FTP4-2X2) RFS-FTP4-2X2 $116 1 $116

4.000 DC Power System

4.100 Eltek FPS Intrepid DC Power System

4.200
EMPTY CHASSIS, FLATPACK S INTREPID POWER SYSTEM, NO CONTROLLER, -48VDC, REAR ACCESS, 200 AMP MAX, LVBD & SHUNT, 2RU, 19", MID/FLUSH MOUNT, 6 EMPTY RECTIFIER POSITIONS, 4 LOAD BREAKER. 2 BATTERY BREAKER AND 10 GMT POSITIONS (NOT INCLUDED) (FPSK59I-ANL-VC) ELT-FPSK59I-ANL-VC $3,335 1 $3,335

4.300
RECTIFIER, FOR FLATPACK S INTREPID, 1 RU, 100-250 VAC INPUT, 48 VDC OUTPUT, 1800 WATTS,

37.5 AMP @ 220 VAC INPUT, 20 AMP @ 110 VAC INPUT (241122.125.VC) ELT-241122.125.VC $1,307 6 $7,842

4.400
SMARTPACK S CONTROLLER WITH A01 PROFILE: 48V FP S, 2RU STANDARD CONFIGURATION, SNMP (SPS-FPS200-A01-VV) ELT-SPS-FPS200-A01-VV $1,223 1 $1,223

4.500 BLIND PANEL, FOR EMPTY FLATPACK S INTREPID RECTIFIER SLOT (331E00116500) ELT-331E00116500 $42 3 $126

4.510
CABLE, DUAL HEADED LINE CORD, 2x AMP MATE-N-LOCK CONNECTORS TO UNTERMINATED, 10AWG, 20FT ELT-LC2010-UU $252 3 $756

4.520 CIRCUIT BREAKER, 30 AMP PLUG-IN BULLET, MIDTRIP (CBB030M) ELT-CBB030M $43 4 $172

4.620 CIRCUIT BREAKER, 20 AMP PLUG-IN BULLET, MIDTRIP (CBB020M) ELT-CBB020M $49 4 $196

4.720
BREAKER, PLUG-IN 125A BULLET BUS STRAP WITH C-FRAME HOUSING, FOR BRIDGING CIRCUIT BREAKER POSITION, SINGLE-POLE (338437) ELT-338437 $49 2 $98

4.820 PULLER, FOR BULLET BREAKER (BBPULR-01) ELT-BBPULR-01 $53 1 $53

5.820 RACK, ZONE 4 STEEL, RELAY RACK 7" X 19 (S07-420399-001) LOC-S07-420399-001 $1,740 1 $1,740

5.920 Enersys 48V Battery Set

6.020
BATTERY, SET OF 4 X 12V125F BATTERY CELLS, 48V, 125 AH, 8 RU HEIGHT, 4.1" WIDTH/CELL, 22.1"

DEPTH/CELL, INCLUDES ALL INTERCONNECT STRAPS, HARDWARE AND INSTALL MANUAL, FRONT ACCESS, NO TRAY ENE-A12V125F $3,487 2 $6,974

6.120
BATTERY CABLE KIT, 100A, 20 FEET, #4 BLACK WIRE AND LUGS, FOR 4 BATTERY BREAKERS (CONNECT BATTERIES IN FRONT OR REAR), WITHOUT ALARM CABLE (289733) ELT-289733 $356 2 $712

6.220 BATTERY TRAY KIT, 19 INCHES, WITH 100AMP DISCONNECT BREAKER (259243) ELT-259243 $705 2 $1,410

7.000 Services

7.100 Factory Integration Services

7.101 RADIO INTEGRATION SVCS-IN-SIPQ-RI $2,254 1 $2,254

7.102 CONFIG ENG / DOCUMENTATION / DRAFTING SVCS-IN-SS-CEDFT $2,096 1 $2,096

7.200 Engineering Services

7.201 NETWORK/SYSTEM ENGINEERING SVCS-PN-EN-SE $2,844 1 $2,844

7.202 FREQUENCY AND LICENSE APPLICATIONS SVCS-PN-EN-XE $1,414 1 $1,414

7.203 PROJECT ENGINEERING - SITE SURVEY SVCS-IN-SS-PE $7,271 1 $7,271

7.204 Path and Site Survey (Completed under NA220610-83909) SVCS-PN-EN-XE

7.300 Installation, Testing and Removal Services

7.301 FIELD INSTALL (RADIOS) - Includes Radio and Testing SVCS-IN-IC-FI $19,325 1 $19,325

7.302 FIELD INSTALL (ANTENNAS) - Including Pipe mount at Aerojet SVCS-IN-IC-AS $43,082 1 $43,082

7.303 DC Power Supply Installation at Fire Dispatch SVCS-IN-IC-FI $5,483 1 $5,483

7.400 Project Management

7.401 PROGRAM MANAGEMENT SVCS-IN-PM-PM $5,695 1 $5,695

7.402 PROJECT ENGINEERING SVCS-IN-SS-SS $5,495 1 $5,495

8.000 AviatCare / Warranty Support

8.001 WARRANTY PLUS IW- NA&C, 36 MONTHS, IRU-600 (Year 1 - 3) SNA-BWXXA1003638 $374 4 $1,496

9.000 Tax & Freight

9.001 Estimated Freight FREIGHT $4,965 1 $4,965

9.002 Estimated Sales Tax; Sales Tax Rate = 8.75% TAX-CSV $10,309 1 $10,309 Grand Total (Including Applicable Sales Taxes and Freight) $229,541 9/16/2026 - 11:21 AM
NA251009-59001_Ontario Fire_Ontario Fre Dispatch - Aerojet_IRU600 MW Quote_vA_12012025_NEW_With SalesTAX - 2 of 2 103 Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Rene Guerrero, Jacqueline Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., FOR THE PURCHASE OF

ELECTRIC VEHICLE CHARGERS AND SUPPLIES

CITY OF ONTARIO
Agenda Report
October 6, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Goods and Services Agreement with Consolidated Electrical Distributors, Inc.,(CED) of Buena Park, California, for the purchase of electric vehicle chargers and supplies in the amount of $369,813, for a total not-to-exceed contract amount of $963,398, and exercise two oneyear extension options, extending the term of the Agreement through June 30, 2029.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The recommended Amendment No. 1 to the Goods and Services Agreement with Consolidated Electrical Distributors, Inc., provides for a combined amount of $369,813 for a total not-to-exceed contract amount of $963,398 over the five-year term of the Agreement.

The Fiscal Year 2026-27 Adopted Budget includes appropriations in the Parking Fund and Facilities Maintenance Fund for the purchase of electric vehicle chargers and supplies. If approved, additional appropriations in the Capital Projects – Measure Q and Air Quality Improvement Funds will be included in future quarterly budget updates to the City Council for electric supplies needed for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park.

BACKGROUND & ANALYSIS: On July 16, 2024, the City Council approved a Goods and Services Agreement with CED, for the purchase of electrical and lighting supplies with a total contract amount not-to-exceed $593,585. The Agreement provides for an initial three-year term through June 30, 2027, with two additional one-year extension options. The Public Works Agency maintains approximately 90 City facilities. The purchase of electrical and lighting supplies is necessary for preventative maintenance, scheduled repairs, and emergency repairs resulting from unexpected equipment failures and vandalism.
104
On September 17, 2024, the City Council accepted $218,330 in Energy Efficiency and Conservation Block Grant funding from the U.S. Department of Energy. The funding is provided through an equipment rebate voucher, and does not require a local cost sharing. The electric vehicle chargers will be installed at the Public Works Yard, located at 1425 South Bon View Avenue, for use by the City’s fleet. Expanding the City’s electric vehicle charging infrastructure is essential to supporting the City’s continued transition to a more sustainable municipal fleet, improve air quality, and advance the City’s goal of being the premier community in the Inland Empire.

On May 6, 2025, the City Council approved a Construction Contract with 3M Construction Corporation for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park.

As the project progresses into its second phase, additional electrical supplies are needed for the project’s switchgear required to complete the project.

The City is requesting a noncompetitive procurement to expand the existing Agreement with CED.

Standardizing the City’s electric vehicle charging equipment will avoid software compatibility issues, reduce the need to manage multiple licensing agreements and network platforms, and support smart charging and automated load balancing. This approach will improve operational reliability while reducing equipment downtime and costs.

Staff recommends approving Amendment No. 1 to the Goods and Services Agreement with CED to increase the contract authority by $369,813 for the purchase of electric vehicle chargers and other electrical supplies needed to support the City’s fleet and facility operations, as well as completion of the Latimer Field Concession and Restroom Renovation Project. Staff also recommends exercising the two additional one-year extension options, extending the term of the Agreement through June 30, 2029.
105
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

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 1 TO THE GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Consolidated Electrical Distributors, Inc. a C Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Goods and Services Agreement” dated July 16, 2024. (“Agreement”).

2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement for the purchase of electric vehicle chargers and supplies in the amount of $369,813 and exercise two (2) one-year extension options, extending the term of the Agreement through June 30, 2029. The Parties have heretofore entered into that Agreement dated July 16, 2026.

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

3.7.11 and, 3.7.19 of the Agreement, and 3.7.19 of the Agreement, and G. L. Christian & Associates v. United States 312 F.2d 418 (Ct. Cl. 1963).

3. Terms.

3.1 Amendment. Section 2.1 and 3.2.1 Exhibit “D” of the Agreement is hereby amended in its entirety to read as follows:
106
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
“2.1 The term of this Agreement shall be from July 1, 2024 to June 30, 2029 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement, automatically for no more than two (2) one-year terms. Vendor shall provide all Goods and complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.” “3.2.1 Compensation. Contractor Shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Nine Hundred Sixty-Three Thousand Three Hundred Ninety-Eight ($963,398) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement”
Exhibit “C” is hereby deleted in its entirety and replaced with Attachment C attached hereto and incorporated herein by reference.

Exhibit “D” to the Agreement, which was inadvertently not physically inserted into the original Agreement, is attached hereto as Attachment D and is hereby physically inserted into the Agreement retroactive to July 16, 2024.

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

3.3 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. 1.

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

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
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[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO GOODS AND SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

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

CITY OF ONTARIO CONSOLIDATED ELECTRICAL

DISTRIBUTORS, INC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

City Clerk
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Attachment C
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112
113
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Attachment D

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Contractor (the “Vendor”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Vendor.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Vendor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Vendor shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency. This requirement is qualified by Executive Order 14173 and shall not apply to the extent required by Executive Order 14173.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) Costs under this contract must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to 115
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any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Vendor.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Vendor shall comply with 2 C.F.R. § 200.336 and provide the United States Department of Energy (“Federal Agency”), Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Vendor's personnel for the purpose of interview and discussion related to the books and records.
(B) The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Vendor agrees to provide the Federal Agency Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. (i) Termination for Convenience. The Agency may, by written notice to Vendor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Vendor of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Vendor for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including 116
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anticipated profit. Vendor shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Vendor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.
(ii) Termination for Cause. If Vendor fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Vendor specifying the default (“Notice of Default”). If Vendor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Vendor fails to cure a default as set forth above, the Agency may, by written notice to Vendor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Vendor shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Vendor's deficiencies and charge the cost thereof to Vendor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Vendor’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Vendor shall promptly discontinue the work unless the Notice directs to the contrary. Vendor shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Vendor acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract.

The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Vendor shall be entitled to receive only the amounts payable under this Section, and Vendor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights 117
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and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
(B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Vendor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Vendor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (ii) Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Vendor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Vendor's legal duty to furnish information.
(iv) Vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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(v) Vendor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Vendor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Vendor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) Vendor will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Vendor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event Vendor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Vendor may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Vendor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions 119
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which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Vendor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) The Vendor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, 120
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assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as Federal Agency awards under these programs do not meet the definition of “funding agreement.”
(F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Vendor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Vendor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Vendor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Vendor agrees to include these requirements in each subcontract exceeding $150,000. 121
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(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Vendor is required to verify that none of the Vendor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it is later determined that Vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Vendor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Vendor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Vendor further agrees to notify the Agency in writing immediately if Vendor or its subcontractors are not in compliance during the term of this contract.
(H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Vendor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Vendor shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Vendors that apply or bid for an award exceeding $100,000 must file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
(I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
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(i) Vendor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this contract, the Vendor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

5. MISCELLANEOUS FEDERAL PROVISIONS
(A) The Vendor shall not use the Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal Agency officials without specific Federal Agency preapproval.
(B) This is an acknowledgement that Federal Agency financial assistance will be used to fund the contract only. The Vendor will comply with all applicable federal law, regulations, executive orders, Federal Agency policies, procedures, and directives. (C) Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. (D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Vendor, any subcontractors or any other party pertaining to any matter resulting from the contract.
(E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Vendor, the Vendor's investment, the amount of 123
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subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Vendor exceeds at its own risk.

If through inadvertence or otherwise any provision required by the federal funding for this Agreement is physically omitted from this Exhibit, then such provision is deemed inserted into this Exhibit, and on the application of either party to this Agreement shall be physically inserted herein retroactive to the date of the original Agreement.
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Department: Public Works
Prepared By: Tricia Maruki
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: 6
SUBJECT: CONTRACTS AND AMENDMENTS RELATED TO THE FOURTH STREET STORM

DRAIN, WATER MAIN, AND STREET IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
October 6, 2026
SECTION:

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

A. Authorize the City Manager, or his designee, to execute a Construction Contract with Mamco, Inc., of Perris, California, for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $12,292,292, plus a 10% contingency of $1,229,229 for a total not-to-exceed contract amount of $13,521,521; and B. Authorize the City Manager, or his designee, to execute Amendment No. 13 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide geotechnical and material testing services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $233,112 for a total not-to-exceed contract amount of $3,593,786; and
C. Authorize the City Manager, or his designee, to execute Amendment No. 19 to the Professional Services Agreement with Infrastructure Engineering Corporation, an Ardurra Group Corporation, of Newport Beach, California, for additional engineering services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $48,739 for a total not-to-exceed contract amount of $9,700,442, extend the contract term to December 31, 2028 to allow for the completion of ongoing projects; and D. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a Notice of Completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Operate in a Businesslike Manner
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FISCAL IMPACT: The recommended Construction Contract with Mamco, Inc., is in the amount of $12,292,292, plus a 10% contingency of $1,229,229, for a total not-to-exceed contract amount of $13,521,521. The proposed Amendment No. 13 with Kleinfelder, Inc. for geotechnical and material testing services is in the amount of $233,112 for a total not-to-exceed contract amount of $3,593,786. The proposed Amendment No. 19 with Infrastructure Engineering Corporation, an Ardurra Group Corporation, for additional engineering services is in the amount of $48,739 for a total not-to-exceed contract amount of $9,700,442.

The Fiscal Year 2026-27 Adopted Budget includes appropriations for the construction of the Fourth Street Storm Drain, Water Main, and Street Improvements Projects. If approved, appropriations for future years will be included as part of the annual budget adoption process in Measure Q Capital Project, Water Capital, and the Road Maintenance and Rehabilitation Account (SB1) funds will be included in future quarterly budget updates to the City Council, as needed.

BACKGROUND & ANALYSIS: The Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) general scope of work to be performed under this contract consists of the installation of storm drain pipe, catch basins, manholes, CML&C watermains, service laterals, water valves, fire hydrant, removal of damaged pavement, placement of new asphalt pavement, curb ramps, curb & gutter, installation of video detection systems, and various other furnishings necessary to complete the improvements as described in the Plans and Specifications. A project location map is provided for reference as Exhibit A. In June 2026, the City solicited bids for Bid No. 1959 and eleven bids were received, as shown in the table below:

COMPANY LOCATION AMOUNT
Mamco, Inc. Perris, California $ 12,292,292
SEMA Construction, Inc. Carlsbad, California $ 12,325,168 Downing Construction, Inc. Calimesa, California $ 12,777,520 Nationwide Contracting Services,
Inc.

Huntington Beach, California $ 13,971,150
Norstar Plumbing & Engineering,
Inc.

Alta Loma, California $14,213,992
Kana Pipeline, Inc. Riverside, California $ 15,086,215
C.P. Construction Co., Inc. Ontario, California $ 16,052,725 Weka, Inc. San Bernardino, California $ 16,457,815
Leatherwood Construction Yorba Linda, California $ 16,474,285 Boudreau Pipeline Corporation Corona, California $ 17,393,856 Mike Bubalo Construction Co.,
Inc.

Baldwin Park, California $ 17,560,750
Mamco, Inc., of Perris, California, is the apparent lowest bidder that met all the required specifications with a base cost of $12,292,292. Based on their credentials and favorable reference 126
checks, Staff recommends awarding a Construction Contract to Mamco, Inc. for the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301).

With the proposed Amendment No. 13, Kleinfelder, Inc. will provide geotechnical and material testing services necessary to support construction of the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301). The City originally entered into an On-Call Geotechnical and Material Testing Services Agreement with Kleinfelder, Inc. in March 2023 following an extensive, competitive request for proposals process. This Amendment will authorize Kleinfelder, Inc. to provide geotechnical and materials testing services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301).

In May 2019, the City awarded an On-Call Design Services Agreement to Infrastructure Engineering Corporation, an Ardurra Group Corporation. In September 2022, the City executed Amendment No. 10 for engineering design services for the Fourth Street Storm Drain Project. In December 2024, the City executed Amendment No. 18 to expand the scope of services to include engineering design services for water main improvements for the Fourth Street Storm Drain Project.

The proposed Amendment No. 19 will further expand the scope of services to include additional engineering and construction support services necessary to deliver the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301). This Amendment will also extend the term of the Agreement to December 31, 2028, to allow for completion of this project and other ongoing projects. This is the second amendment specifically associated with the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301).

ENVIRONMENTAL REVIEW: The project consists of the repair, maintenance, demolition of existing improvements within the existing public right-of-way and the alteration/installation of storm drain and watermain facilities/infrastructure and associated street improvements within the specified street segments noted above. The project involves negligible expansion or change to the former use as applicable through CEQA Section 15301.
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CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is entered as of ____________, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Mamco, Inc., dba Alabbasi hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

FOURTH STREET STORM DRAIN, WATER MAIN, AND STREET IMPROVEMENTS PROJECT (SM2301)
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

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

The Contractor shall complete all Work required by the Contract Documents within Three Hundred Sixty (360) working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Twelve Million Two Hundred Ninety-Two Thousand Two Hundred Ninety-Two and 00/100 Dollars ($12,292,292.00), hereinafter the Contract Price.

Payment shall be made as set forth in the General Conditions.

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

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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CONTRACT
ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $9,500 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

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

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

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

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicable) 129
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(BB&K 2020) -3- SECTION 00500

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• General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), 2021 Edition, except Sections 1-9
• Technical Specifications
• Addenda (If Applicable)
• Plans and Drawings
• Approved and fully executed Change Orders
• Applicable Local Agency Standards and Specifications, as last revised • Federal Requirements (If Applicable)
• Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City Clerk’s office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
ATTEST:

By:

Sheila Mautz, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

END OF CONTRACT
131
Error! Unknown document property name.

AMENDMENT NO. 13.0

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
KLEINFELDER, INC.

1. Parties and Date.

This Amendment No. 13.0 to the Agreement (as defined herein) is made and entered into as of ________________, by and between the City of Ontario (“City”) and Kleinfelder, Inc., a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “On-Call Geotechnical and Material Testing Services” dated March 7, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to include services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) in the amount of Two Hundred Thirty-Three Thousand One Hundred Twelve Dollars and 00/100 ($233,112.00); and increase the not-to-exceed compensation amount to Three Million Five Hundred Ninety-Three Thousand Seven Hundred Eighty-Six Dollars and 00/100 ($3,593,786.00).

The Parties have heretofore entered into that Amendment No. 1 dated April 4, 2023, Amendment No. 2 dated May 2, 2023, Amendment No. 3 dated May 2, 2023, Amendment No. 4 dated March 5, 2024, Amendment No. 5 dated March 5, 2024, Amendment No. 6 dated June 18, 2024, Amendment No. 7 dated January 1, 2025, Amendment No. 8 dated March 4, 2025, Amendment No. 9 dated October 22, 2025, Amendment No. 10 dated November 4, 2025, Amendment No. 11 dated March 3, 2026, Amendment No. 11A dated July 7, 2026 and Amendment No. 12 dated September 1, 2026.

2.3 Amendment Authority. This Amendment No. 13.0 is authorized pursuant to Section 3 of the Agreement.

3. Additional Work (Term).

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

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
132
2 Error! Unknown document property name.

3.1 Amendment. Section 3.2.1, and Exhibit “A”, of the Agreement are hereby amended in its entirety to read as follows:

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Million Five Hundred Ninety-Three Thousand Seven Hundred Eighty-Six Dollars and 00/100 ($3,593,786.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit “A” - SCOPE OF SERVICES is hereby amended to add Attachment A which is attached 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. 13.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 13.0. From and after the date of this Amendment No. 13.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.

13.0. 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. 13.0.

3.4 Severability. If any portion of this Amendment No. 13.0 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment. [SIGNATURES ON FOLLOWING PAGE]
133
3 Error! Unknown document property name.

SIGNATURE PAGE FOR AMENDMENT NO. 13.0 TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND KLEINFELDER, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 13.0 as of the day and year first above written.

CITY OF ONTARIO KLEINFELDER, INC.

If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary OR
Treasurer REQUIRED
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
134
4 Error! Unknown document property name.

Attachment A
Exhibit “A” - SCOPE OF SERVICES –
Add scope of services proposal “Kleinfelder Proposal to Provide Professional Geotechnical and Materials Testing Services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301)
135
5 Error! Unknown document property name.

Attachment B
Exhibit “B” – Schedule of Services
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amend.

No.

Task
No.

Project Title Not to
Exceed Fee
- 0 2022 Spring Alley CDBG Pavement Rehab Project $18,440.00

1.0 1.0 UT 1617-02 Well Abandonment 11, 15 & 17, & 26 $19,877.00

2.0 2.0 UT1053 – AMI Antenna Project – Phase 1 $28,237.00

3.0 3.0 Add $400,000 for a NTE of $466,554 $400,000.00

4.0 4.0 D&C22-012 City Hall Parking Structure $491,981.00

5.0 5.0 UT1016 Archibald Sewer Diversion Project $87,951.00

6.0 6.0 SM2302/SE2505 Sultana Avenue Storm Drain,
Street and Sewer Improvements Project $334,756.00

7.0 7.0
D&C21-005 Grand Park Geotechnical
Observation, Materials Testing and Burrowing Owl
Survey Services
$204,310.00

8.0 8.0
UT 1067, 1070, 1077 – Laurel Avenue Sewer
Main Improvements, Nocta Street Sewer Main
Improvements, and Nocta Street Private Sewer
Lateral Improvements
$135,654.00

9.0 9.0 UT1016 Archibald Sewer Diversion Project
(change order) $47,679.00

10.0 10.0 D&C21-005 Grand Park Phase 1 $1,168,253.00

11.0 11.0 Add $300,000 for a NTE of $2,038,885 and
Extend Contract for 2 Years until February 7, 2028 $300,000.00 11A 11A Additional funds for the D&C21-005 Grand Park
Phase 1 Project. $71,780.00

12.0 12.0
UT 1067, 1070, 1077 – Laurel Avenue Sewer
Main Improvements, Nocta Street Sewer Main
Improvements, and Nocta Street Private Sewer
Lateral Improvements (Change Order)
$81,756.00

13.0 13.0 Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) $233,112.00
Grand
Total $3,593,786.00
136
Error! Unknown document property name.

AMENDMENT NO. 19 TO THE DESIGN SERVICES AGREEEMENT

BETWEEN THE CITY OF ONTARIO AND

INFRASTRUCTURE ENGINEERING CORPORATION, A CALIFORNIA CORPORATION

1. Parties and Date.

This Amendment No. 19.0 to the Agreement (as defined herein) is made and entered into as of ________________, by and between the City of Ontario (“City”) and Infrastructure Engineering Corporation, a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “UT1032 On-Call Professional Engineering Services” dated March 7, 2019 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to (i) include additional engineering services and construction support for the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) in the amount of Forty-Eight Thousand Seven Hundred ThirtyNine and 00/100 Dollars ($48,739.00); (ii) increase the not-to-exceed compensation amount to Nine Million Seven Hundred Thousand Four Hundred Forty Two and 00/100 Dollars ($9,700,442.00); (iii) amend the minimum insurance policy limits required under the Agreement; and (iv) extend the term of this Agreement to December 31, 2028.

The Parties have heretofore entered that Amendment No. 1 dated December 3, 2019, Amendment No. 2 dated December 16, 2019, Amendment No. 3 dated February 19, 2020, Amendment No. 4 dated January 27, 2021, Amendment No. 5 dated January 27, 2021, Amendment No. 6 dated January 27, 2021, Amendment No. 7 dated January 27, 2021, Amendment No. 8 dated July 6, 2021, Amendment No. 9 dated May 7, 2022, Amendment No. 10 dated September 6, 2022, Amendment No. 11 dated September 20, 2022, Amendment No. 12 dated November 1, 2022, Amendment No. 13 dated December 9, 2022, Amendment No. 14 dated December 9, 2022, Amendment No. 15 dated February 7, 2023, Amendment No. 16 dated August 15, 2023, Amendment No. 17 dated January 16, 2024, and Amendment No. 18 dated October 15, 2024.

2.3 Amendment Authority. This Amendment No. 19.0 is authorized pursuant to Section 3 of the Agreement.

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

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
137
2 Error! Unknown document property name.

3. Terms.

3.1 Amendment. Section 3.1.1, 3.1.2, and 3.15.7 of the Agreement are 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 engineering and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”).

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

3.1.2 Term. The term of this Agreement is hereby amended to extend to December 31, 2028 to allow for the completion of the Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) and other ongoing projects under this Agreement, 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.

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

Coverage Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per occurrence and
$2,000,000 aggregate (errors and
omissions)
(b) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. (c) Defense costs shall be payable in addition to the limits. (d) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally 138
3 Error! Unknown document property name.
provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

3.2 Added Scope. Exhibit “A” - SCOPE OF SERVICES is hereby amended to add Attachment A which is attached hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 19.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 19.0. From and after the date of this Amendment No. 19.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.

12.0. 3.4 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. 19.0.

3.5 Severability. If any portion of this Amendment No. 19.0 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment. [SIGNATURES ON FOLLOWING PAGE]
139
4 Error! Unknown document property name.

SIGNATURE PAGE FOR AMENDMENT NO. 19.0 TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND INFRASTRUCTURE ENGINEERING CORPORATION, A CALIFORNIA CORPORATION IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 19.0 as of the day and year first above written.

CITY OF ONTARIO INFRASTRUCTURE ENGINEERING

CORPORATION, A CALIFORNIA

CORPORATION
If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary OR
Treasurer REQUIRED
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
140
5 Error! Unknown document property name.

Attachment A
Exhibit “A” - SCOPE OF SERVICES –
141
3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | 949.428.1500 | www.ardurra.com August 13, 2026
Tricia M. Espinoza, PE, QSD/QSP
Assistant City Engineer
City of Ontario
303 East B Street
Ontario, CA 91764
SUBJECT: FOURTH STREET STORM DRAIN PROJECT SUPPLEMENT BUDGET REQUEST –

AMENDMENT FOR SUPPLEMENTAL SERVICES (WATER IMPROVEMENTS &

STORM DRAIN)
Dear Tricia:

Ardurra Group Inc. (Ardurra) appreciates the opportunity to continue serving the City of Ontario on the Fourth Street Storm Drain Improvement Project. We very much appreciate the opportunity to submit this amendment for additional budget for the efforts described in this proposal.

SCOPE OF WORK
The scope of work for this amendment includes the following tasks:

SUPPLEMENTAL DESIGN EFFORT FOR CONTRACT DOCUMENTS
Task – Final Storm Drain & Water Improvements: Ardurra will prepare the following:

1. Continued Project Management and Coordination

2. Finalize the Storm Drain Plans, Specifications, and Estimate (PS&E) including incorporating the Storm Drain segment designed by the City. These improvements include updating the PS&E updates related to removing the future improvements that will be included in the drainage improvements designed by MBI. These improvements include Line D and the associated catch basins as well as the catch basins and laterals east and west of Baker Street.

3. Ardurra will review the proposed drainage improvement documents from MBI related to the I-10 improvements and provide comments. Once the comments are updated, Ardurra will back check the comments and perform a final review of the updated documents.

4. Ardurra will update the DDW waiver to include the updates to the storm drain improvements.

5. Supplemental Engineering support during construction, including responding to RFIs, Submittals, and preparing As-builts (redlined and provided by Contractor)

EXCLUSIONS/ASSUMPTIONS
The following was used as a basis for this amendment:

Attachment "A"
142
Fourth St. Storm Drain and Water Improvements Project
Supplement Budget Request – Amendment
City of Ontario
August 13, 2026