Ontario City Council
April 21, 2026

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
APRIL 21, 2026
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

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

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

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

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

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

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ATTACHMENT: 20260421 Closed Session

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

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

CALL TO ORDER (OPEN SESSION)

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

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

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

CLOSED SESSION
GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Ontario Professional Firefighters Association Local 1430
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 1. APPROVAL OF MINUTES

PLEDGE OF ALLEGIANCE
Mayor pro Tem Wapner

INVOCATION
Pastor Gresford Thomas, Ontario Seventh Day Adventist 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 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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 ATTACHMENT: 20260317 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH Z&K CONSULTANTS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE FOURTH STREET STORM

DRAIN, WATER MAIN AND STREET IMPROVEMENTS PROJECT
ATTACHMENT: 02 - Z&K Consultants Inc. - Amendment No. 1.pdf

4. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO

COUNTY TAX ROLLS
ATTACHMENT: 20260421_Comm_Imp_Special_Assessments_for_County_Tax_Rolls_01_ RESO_RM.docx
ATTACHMENT: Special Assessments^02 - Exhibit A.pdf
ATTACHMENT: Special Assessments^03 - Exhibit B.pdf
ATTACHMENT: Special Assessments^04- Exhibit C.pdf

5. A SETTLEMENT AGREEMENT WITH ASSOCIATED PHARMACIES, INC., J M SMITH CORPORATION, MORRIS AND DICKSON CO., LLC, LOUISIANA WHOLESALE DRUG COMPANY, INC., NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, INC., AND UNITED NATURAL FOODS, INC.

Minutes for the regular meetings of the City Council and Housing Authority of March 17, 2026, and approving same as on file in the Records Management Department.

Bills March 20, 2026 through April 2, 2026, and Payroll March 8, 2026 through March 21, 2026.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., of Riverside, California, to provide construction management services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $418,750 for a total not-to-exceed contract amount of $758,126, and extend the contract through June 4, 2029.

That the City Council adopt 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.

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.

That the City Council authorize the City Manager, or his designee, to opt into a Settlement Agreement with opioid distributors, and execute documents necessary to implement the action.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: SETTLEMENT AGREEMENT AMONG PARTICIPATING SUBDIVISIONS AND REMNANT DEFENDANTS.pdf
ATTACHMENT: Six Remnant Defendants.pdf

6. A CHANGE ORDER WITH 3M CONSTRUCTION CORPORATION FOR THE LATIMER FIELD

CONCESSION AND RESTROOM RENOVATION PROJECT AT JOHN GALVIN PARK ATTACHMENT: 2. Contract Change Order No. 2.pdf

7. A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND 325

SAGO, LLC
ATTACHMENT: 305-325 Sago Final 4-9-2026.docx

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

RELATED TO WATER SERVICE FEES
ATTACHMENT: Ordinance_Amend_Section_6-

8.51_re_Water_Service_Fees_and_Charges_RM.docx

9. PROFESSIONAL SERVICES AGREEMENTS WITH LEED ELECTRIC, INC., AND PROJECTLINE TECHNICAL SERVICES, INC., FOR ON-CALL WATER FACILITIES ELECTRICAL SYSTEMS AND That the City Council take the following actions:

A. Authorize the City Manager, or his designee, to execute Change Order No. 2 to the Construction Contract with 3M Construction Corporation, of Anaheim, California, for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park, in the amount of $142,768, which includes $48,378 in additional funds and $94,390 from previously approved contingency, for a total not-to-exceed contract amount of $1,086,667; and
B. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

That the City Council approve a Purchase and Sale Agreement ("Agreement") and authorize the City Manager, or his designee, to execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.

That the City Council adopt an Ordinance amending Section 6-8.51 of Chapter 8B of Title 6 of the Ontario Municipal Code related to water service fees.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 6-8.51 OF CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING

TO WATER SERVICE FEES AND FINDING THAT SUCH ACTION DOES NOT QUALIFY AS A PROJECT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15378 AND IS OTHERWISE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 MASTER PLANNING SERVICES
ATTACHMENT: 20260421 Leed Electric PSA^01.pdf
ATTACHMENT: 20260421 ProjectLine PSA^01.pdf

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

POLICE DEPARTMENT
ATTACHMENT: ATAC Amendment No 14.pdf

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC., FOR LOW-VOLTAGE CABLING AND EQUIPMENT INSTALLATION ATTACHMENT: CalTek Amendment No. 9.pdf
That the City Council take the following actions:

A. Authorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Leed Electric, Inc., of Santa Fe Springs, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $200,000 per year for a three-year total not-to-exceed amount of $600,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional one-year term extensions consistent with City Council approved budgets.

B. Authorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Projectline Technical Services, Inc., of Costa Mesa, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $350,000 per year for a three-year total not-to-exceed amount of $1,050,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional one-year term extensions consistent with City Council approved budgets.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 14 to the Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C.), of Rancho Cucamonga, California, in the amount of $42,906 for security camera installation at the Ontario Police Department, for a total not-to-exceed contract amount of $3,221,364.

That the City Council authorize the City Manager, or designee, to execute Amendment No. 9 to the Professional Services Agreement with CalTek Technologies, Inc., (CalTek) of Ontario, California, in the amount of $23,512 for low-voltage cabling at the Ontario Police Department, for a total not-to-exceed contract of $649,244.

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 6 12. AMENDMENT TO THE CITY'S FIVE-YEAR (2019-2023) PERMANENT LOCAL HOUSING

ALLOCATION PLAN
ATTACHMENT: Permanent_Local_Housing_Allocation_Plan_RESO_01_RM.docx ATTACHMENT: PLHA Amendment Executed

13. CANVASS OF A SPECIAL MUNICIPAL ELECTION ON MARCH 24, 2026 ATTACHMENT: Resolution Certifying and Declaring Election Results March 24 2026 General Municipal Election_RM
ATTACHMENT: Resolution Exhibit A.pdf
That the City Council take the following actions:

A. Conduct a public hearing to receive comments relating to a proposed amendment to the City of Ontario's Five-Year Permanent Local Housing Allocation Plan (PHLA Plan); B. Adopt a Resolution approving the PLHA Plan amendment; and C. Authorize the City Manager, or his designee, to execute the PLHA Plan amendment, and any documents related to the amendment.

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

AMENDMENT TO THE PERMANENT LOCAL HOUSING ALLOCATION PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council adopt a Resolution of the City Council of the City of Ontario, California, reciting the facts of the Special Municipal Election held on March 24, 2026, and declaring the results thereof and such other matters as provided by law.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 24, 2026; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ADJOURNMENT
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CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) April 21, 2026
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Ontario Professional Firefighters Association Local 1430
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
9 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
MARCH 17, 2026
(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, March 17, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:02 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 6:04 p.m.

GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:

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

Property: APN’s: 1049-131-05 and 1049-131-06; 932-936 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: PS Southern California One, LLC; Under negotiation: Price and terms of payment. 10 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

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

Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

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

Scott Ochoa or his designee; Negotiating parties: 1217 Holt LLC; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76, 0110-321-77, 2350-2630 E. Inland Empire Boulevard; City/Authority negotiator: City Manager or his designee; Negotiating parties: Ikea Property, Inc; Under negotiation: Price and terms of payment.

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:32 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leon.

Council Member Porada exited the chamber at 6:32 p.m. and returned to the dais at 6:35 p.m.

INVOCATION
Invocation was led by Pastor Gresford Thomas from Ontario Seventh Day Adventist Church.

REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.

PUBLIC COMMENT
Assistant City Clerk Isbell announced written communications:

Suzanne Gonzalez, regarding community improvement concerns.

Lory Masonis submitted questions regarding Agenda Item No. 7.

Stephen McIntosh wrote in favor of Item No. 10.

Misty Brown wrote in favor of Item No. 10.

W. Jef Reagan wrote in favor of Item No. 10.

Lora Romney wrote in favor of Item No. 10.
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Regular Meeting Minutes – March 17, 2026

Mayor Leon called upon the speakers:

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

Chris Robles, spoke regarding civic engagement and Jay Littleton Ballpark.

John George, spoke regarding the 100th anniversary celebration at San Secondo d'Asti.

William Villareal, gave an update regarding Ontario Eastern Little League.

Art Marquez, thanked the City for assistance with a water intrusion incident, on behalf of the Southern California Gas Company.

Tommy Mushegain, spoke regarding the City budget.

Kevin Kizzee, spoke regarding the Brown Act, Jay Littleton Ballpark, and the Grove Plaza.

Randy Bekendam, spoke regarding regenerative farming.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

CONSENT CALENDAR
Public Comment:

Mayor Leon called upon the speaker:

Alex Lopez, spoke in favor of Item No. 10.

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

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of February 17, 2026, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved Bills February 6, 2026, through February 26, 2026, in the amount of $74,430,749.75, and Payroll January 25, 2026 through February 7, 2026, in the amount of $5,986,884.18.

3. A CONSTRUCTION CONTRACT WITH ELECNOR BELCO ELECTRIC, INC., FOR THE PEDESTRIAN HYBRID BEACON AT GROVE AVENUE AND ST. ANDREWS STREET
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Construction Contract with Elecnor Belco Electric, Inc., of Chino, California, for the construction of the Pedestrian Hybrid Beacon at Grove Avenue and St.

Andrews Street in the amount of $439,542 plus a 10% contingency of $43,954 12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

for a total not-to-exceed contract amount of $483,496; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not be limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

4. A DESIGN SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., FOR ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 60/ EUCLID AVENUE INTERCHANGE PHASED

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

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

INSPECTION, GEOTECHNICAL TESTING, AND PUBLIC OUTREACH

SERVICES FOR THE SAN ANTONIO STORM DRAIN PROJECT
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with FCG Consultants, Inc., of Yorba Linda, California, to provide construction management, inspection, geotechnical testing, and public outreach services for the San Antonio Storm Drain Project in the amount of $1,988,250 for a total not-to-exceed contract amount of $2,588,250, and extend the contract for an additional one-year term; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

6. A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. FOR EMERGENCY ON-CALL BOARD UPS AND

ABATEMENT
The City Council authorized Change Order #3 to the construction agreement with SLS Property Solutions Inc. of Santa Ana, CA for emergency board ups and abatements, extending the term of the agreement by one additional year and increasing the total not-to-exceed amount to $700,000 for the term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within authorization limits.
13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

7. APPROVAL TO SUBMIT ESTABLISHMENT DOCUMENTS TO CREATE THE

ONTARIO COMMUNITY AND YOUTH FOUNDATION, A CALIFORNIA

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

8. AN ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT BETWEEN

THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT

OF TRANSPORTATION AND THE CITY OF ONTARIO
The City Council authorized the City Manager or his designee to execute an Encampment Delegated Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans) to specific maintenance functions.

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GEORGE HILLS COMPANY, INC. FOR THIRD-PARTY ADMINISTRATION

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

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

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

FLAVORED TOBACCO AND NITROUS OXIDE WITHIN THE CITY
The City Council adopted an Ordinance prohibiting the sale of flavored tobacco, oil burners, nitrous oxide, and certain kratom products within the City. Introduction and first reading took place at the regular meeting of March 3, 2026.

ORDINANCE NO. 3329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 34 (FLAVORED TOBACCO; NITROUS OXIDE) TO TITLE 5 (PUBLIC WELFARE, MORALS AND CONDUCT) OF

THE ONTARIO MUNICIPAL CODE, PROHIBITING THE SALE OF FLAVORED

TOBACCO, NITROUS OXIDE, AND KRATOM PRODUCTS WITHIN THE CITY, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA.
14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

11. PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AUDIT AND

ACCOUNTING COMPLIANCE SERVICES
The City Council authorized the City Manager or designee to execute a three year professional services agreement with the accounting firm CliftonLarsonAllen LLP of Irvine, California for $447,740 to perform annual auditing and accounting compliance services for the City of Ontario, the Ontario Housing Authority, and the Successor Agency of the former Redevelopment Agency; and authorize extension of the agreement for up to two additional years subject to City Council approved budgets.

If the City chooses to extend the contract for the additional fiscal years, the total compensation shall not exceed $768,480.

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

ONTARIO PROFESSIONAL BASEBALL STADIUM FLIGHT TOWER

RESTAURANT PROJECT
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Goods and Services Agreement with Rancho Pacific Electric Construction, Inc., of Rancho Cucamonga, California, for the procurement of electrical switch gear at the Ontario Professional Baseball Stadium Flight Tower Restaurant Project D&C25-004 in the amount of $408,900, plus a 10% contingency of $40,890, for a total not-to-exceed contract amount of $449,790; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

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

The City Council approved a Purchase and Sale Agreement for the property located at 2350-2630 East Inland Empire Boulevard in the City of Ontario and authorize the City Manager to execute all other documents required for implementation of the Agreement.

PUBLIC HEARINGS

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

The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA21-009) between the City of Ontario and West Haven 27, LLC.
15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

ORDINANCE NO. 3330 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA21-009, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND WEST HAVEN 27, LLC TO ESTABLISH

THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20696 (FILE NO. PMTT24-003), LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN PLANNING AREA 1 OF THE WEST HAVEN SPECIFIC PLAN (APN: 0218-151-48).

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

Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Macias and carried by a unanimous vote of 5-0, to introduce Ordinance No. 3330.

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

BETWEEN THE CITY OF ONTARIO, LEGACY LAND PARTNERS, LLC, AND

RICHLAND ONTARIO DEVELOPERS, LLC
The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA25-005) between the City of Ontario, Legacy Land Partners, LLC, and Richland Ontario Developers, LLC.

ORDINANCE NO. 3331 (FIRST READING) AN ORDINANCE OF THE CITY

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

BETWEEN THE CITY OF ONTARIO, LEGACY LAND PARTNERS LLC, AND

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

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

Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote of 5-0, to introduce Ordinance No. 3331. 16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

16. A PUBLIC HEARING TO CONSIDER CERTIFYING THE CENTERPARK

SPECIFIC PLAN FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT, AND TO CONSIDER APPROVAL OF THE CENTERPARK SPECIFIC PLAN (FILE NO.

PSP24-002)
The City Council took the following actions:

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

B. Introduced and waive further reading of an Ordinance approving the CenterPark Specific Plan (File No. PSP24-002), appended to the attached Ordinance as "Attachment A", pursuant to the facts and reasons contained in the staff report and subject to the conditions of approval appended to the attached Ordinance as "Attachment B".

RESOLUTION NO. 2026-017 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT CERTIFYING THE CENTERPARK SPECIFIC

PLAN FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2025060731), ADOPTING CEQA FINDINGS,

STATEMENTS OF OVERRIDING CONSIDERATIONS AND A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE CENTERPARK SPECIFIC

PLAN, LOCATED WITHIN THE SOUTHWESTERN PORTION OF THE CITY OF

ONTARIO BOUNDED BY A SOUTHERN CALIFORNIA EDISON EASEMENT LOCATED APPROXIMATELY 330 FEET NORTH OF EDISON AVENUE, WALKER

AVENUE ON THE EAST, EUCALYPTUS AVENUE ON THE SOUTH, CAMPUS

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

ORDINANCE NO. 3332 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING, PURSUANT

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

LAND USE DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES,

AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL
DEVELOPMENT OF UP TO 4,293 RESIDENTIAL DWELLING UNITS, 115,809 SQUARE FEET OF RETAIL USES, 135,110 SQUARE FEET OF OFFICE USES, AND 68 ACRES OF OPEN SPACE (PARKLAND/NON-RECREATIONAL USES) ON 17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

APPROXIMATELY 258 ACRES OF LAND AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 1053-301-01, -02, 1053-311-01, -02, 1053-321-01, -02, -03, 1053-331-01, -02, -03, -04, 1053-341-01, -02; 1053-351-01, -02, 1053-361-01, - 02, -03, 1053-371-01, -02, 0216-311-01, -02, -09, 0216-321-03, -08, 0216-322-03, -04, -10.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department, one written communication from Mitchell M. Tsai Law Firm, in opposition.

Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous vote of 5-0, to adopt Resolution No. 2026-017 and introduce Ordinance No. 3332.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

17. JAY LITTLETON BALL PARK
The City Council reviewed corresponding reports and moved to table the item.

City Clerk Mautz announced written communications:

Judy and Jack Davis, requested restoring Jay Littleton Ball Park.

David Castro, requested restoring Jay Littleton Ball Park.

Timothy Pickett, in favor of restoring Jay Littleton Ball Park.

Matt Reese, in favor of preserving the Scout House at Jay Littleton Ball Park.

Ted Bailey, in favor of restoring Jay Littleton Ball Park.

Mayor Leon called upon the speakers:

Carlos Lora, regarding the Scout House.

Patrick Willard, spoke in favor of preserving the Scout House.

Tina Silva, requested restoration of Jay Littleton Ball Park.

Chris Robles, requested restoration of Jay Littleton Ball Park.

Melinda Boss, requested restoration of Jay Littleton Ball Park.

Rosanne Mendez, requested restoration of Jay Littleton Ball Park.

Josiah Chavez, requested restoration of Jay Littleton Ball Park.

Kevin Kizzee, requested restoration of Jay Littleton Ball Park.

Gary Littleton, requested restoration of Jay Littleton Ball Park.

Charlene Littleton, requested restoration of Jay Littleton Ball Park.

Donna Littleton Phares, spoke in favor of restoring Jay Littleton Ball Park.

Mejia family, spoke regarding the Scout House.

Richard and Noah Hernandez, spoke regarding the Scout House.

Cesar Garcia, spoke regarding the Scout House.

Frida Garcia, spoke regarding the Scout House.

Steve Salas, spoke regarding the Scout House.
18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

Randy Bekendam, requested restoration of Jay Littleton Ball Park.

Joe Vlietstra, spoke regarding the Scout House.

Susan Kenehan, spoke regarding the Scout House.

Christine DeVries, spoke regarding the Scout House.

Steve Puttkammer, requested restoration of Jay Littleton Ball Park.

Council Member Daisy Macias left the chamber at 7:28 p.m. and returned to the dais at 7:30 p.m. Mayor Leon left the chamber at 7:33 p.m. and returned to the dais at 7:34 p.m.

Mayor Leon opened the item for Council discussion and Council discussed the item.

City Manager Ochoa and City Attorney Duran offered clarification regarding the item.

MOTION: Motion made by Council Member Porada, seconded by Mayor Leon, to table the item. Motion was carried by a vote of 3-2, with Mayor pro Tem Wapner and Council Member Macias opposed.

STAFF MATTERS
City Manager Ochoa had no updates.

COUNCIL MATTERS
Council Member Porada had no comments.

Mayor pro Tem Wapner had no comments.

Council Member Macias had no comments.

Council Member Bowman had no comments.

Mayor Leon had no comments.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:44 p.m.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – March 17, 2026

APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
20 Department: Public Works
Prepared By: Leonard Lui
Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Jacqueline
Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH Z&K CONSULTANTS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE

FOURTH STREET STORM DRAIN, WATER MAIN AND STREET IMPROVEMENTS

PROJECT

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., of Riverside, California, to provide construction management services for the Fourth Street Storm Drain, Water Main, and Street Improvements Project in the amount of $418,750 for a total not-to-exceed contract amount of $758,126, and extend the contract through June 4, 2029.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The recommended Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., is in the amount of $158,126, increasing the total not-to-exceed contract amount from $600,000 to $758,126. The original Agreement was established as an on-call contract, of which $339,376 has been previously allocated under Task Order No. 1 for a separate project, leaving a remaining balance of $260,624. The proposed construction management services for the Fourth Street Project total $418,750. Project costs will be allocated proportionally between funding sources, with $251,250 funded by Capital Projects - Measure Q for the storm drain portion and $167,500 funded by Water Capital Funds for the water main portion. If approved, additional appropriations will be included in future quarterly budget updates to the City Council, as needed.

BACKGROUND & ANALYSIS: On June 4, 2024, the City Council approved a Professional Services Agreement with Z&K Consultants, Inc., for on-call project management services for a total not-to21 exceed contract amount of $600,000 over a three-year term.

The Fourth Street Storm Drain, Water Main, and Street Improvements Project is a master-planned facility within the General City that spans from the Cucamonga Creek Channel to El Dorado Avenue and Fifth Street. The portion of the storm drain from the channel to Corona Avenue was previously constructed by developers and as part of the I-10 widening project.

On February 4, 2026, the City received two qualified proposals from on-call consultants in response to a Task Order request for Construction Management Services for the Fourth Street Project. The proposal results are listed below:

VENDOR LOCATION PROPOSED FEE PROPOSAL SCORE
FCG Consultants, Inc. Yorba Linda, CA $606,546 80
Z&K Consultants, Inc. Riverside, CA $418,750 85
A review team comprised of City staff evaluated the proposals and made recommendations based on qualifications, understanding of the City’s needs, demonstrated experience with similar projects, and the criteria specified in the RFP.

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

Staff recommends approving Amendment No. 1 to the Professional Services Agreement with Z&K Consultants, Inc., to ensure continuity of construction management and public outreach services for the duration of the construction phase of the Fourth Street Storm Drain, Water Main, and Street Improvements Project.
22 46700.00100\33287662.1
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
Z&K CONSULTANTS, 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 Z&K Consultants, Inc., a California S Corporation (“Consultant”). City and Consultant sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “OnCall Project Management Services” dated June 4, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the compensation by One Hundred Fifty Eight Thousand One Hundred Twenty-Six and 00/100 ($158,126.00) for a total-not-to-exceed compensation of Seven Hundred Fifty Eight Thousand One Hundred Twenty-Six Dollars and 00/100 ($758,126.00).

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

3.2.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1, 3.1.2 and Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

3.1.1 General Scope of Services Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction management services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” and “A-1” attached hereto and incorporated herein by PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
23 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 June 04, 2024 to June 04, 2029, unless earlier terminated as provided herein.

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

3.2.1 Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” and “C-1” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred Fifty Eight Thousand One Hundred Twenty-Six Dollars and 00/100 ($758,126.00) 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.

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.
[SIGNATURES ON FOLLOWING PAGE]

BB&K 2020
46700.00100\33287662.1 24
46700.00100\33287662.1

BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND Z&K CONSULTANTS, 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 Z&K CONSULTANTS, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
25 46700.00100\33287662.1

BB&K 2020
EXHIBIT “A-1”

SCOPE OF SERVICES

SEE ATTACHED
26 46700.00100\33287662.1

BB&K 2020
EXHIBIT “C-1”

COMPENSATION
27 Task Order Proposal for City of Ontario
for Construction Management,
Geotechnical and Material Testing
Services, and Public Outreach and
Coordination Services for the Fourth
Street Storm Drain, Watermain, and
Street Improvements Project (SM2301)
February 18, 2026 28
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Table of Contents

1. Executive Summary............................................................................................................01

2. Staffing Resources .................................................................................................. 02

3. Proposed Method to Accomplish the work................................................................. 07

4. Fee Proposal........................................................................................................................ 16

5. Other Information ............................................................................................................... 17 29 1. Executive Summary
Photo: City of Ontario, Fourth Street Project Drone Photo 30 City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

1. Executive Summary
The Fourth Street Storm Drain, Water Main, and Street Improvements Project (SM2301) is a multi-phased utility corridor reconstruction combining large-diameter storm drain installation, potable water main replacement, and full right-of-way street improvements under a single construction contract.

Z&K understands that SM2301 is a technically complex, schedule-sensitive infrastructure project requiring disciplined leadership and proactive coordination from day one.

The project integrates three separate design packages and includes deep trenching, 17 potable water tie-ins, extensive traffic control, and work adjacent to Corona Elementary School. With a 280-working-day duration and liquidated damages provisions, the project requires disciplined schedule control, early regulatory coordination, and structured stakeholder management.

Proactive Pre-Construction Strategy
Z&K will begin with a comprehensive biddability and constructability review of all Contract Documents concurrently, developing a formal Risk Register to identify technical, contractual, staging, and regulatory exposure before construction begins.

Particular attention will be given to shoring assumptions, utility conflicts, consistency across the three plan sets, and phasing milestones for school-frontage work. Early coordination for Construction General Permit compliance and Linear Underground Permit (LUP) documentation will be prioritized to ensure timely WDID approval and prevent mobilization delays.

Construction Management Leadership
Lisa Naslund, PE, QSD/P will serve as Senior Construction Manager, QA/QC & Value Engineering Lead, and single point of responsibility for day-to-day project delivery. Crystal Fraire, PE, QSD/P will provide executive leadership and strategic oversight, ensuring alignment with City priorities and contractual objectives.

Our Construction Management approach emphasizes disciplined documentation, proactive CPM schedule oversight, coordination with City and OMUC inspection staff, and structured submittal, RFI, and change management processes to protect the City’s contractual position.

Public Outreach and Quality Assurance
Given the project’s residential setting and proximity to Corona Elementary School, Amber Garcia will lead proactive public outreach efforts, including advance notifications, coordinated water shutdown communication, and ongoing stakeholder engagement to minimize disruption.

Z&K’s geotechnical and materials testing partner, Converse Consultants, will provide certified laboratory and field testing services, including trench backfill verification, concrete and pavement testing, and timely reporting to ensure compliance with project standards.

Schedule Control and Risk Mitigation
Construction phasing and water shutdown sequencing are critical to project success. Z&K will closely review baseline and monthly CPM schedules, enforce Schedule of Values controls, and monitor long-lead submittals to minimize delay exposure.

Lisa Naslund, PE, QSD/P, will lead schedule and risk oversight through structured QA/QC review of submittals, change documentation, and compliance tracking to ensure consistency across the storm drain, water, and street improvements phases.

SM2301 is a high-visibility, technically complex corridor reconstruction requiring disciplined leadership, precise coordination, and rigorous contract administration. Z&K is prepared to deliver focused Construction Management services that protect the City’s interests and ensure successful completion on time, within budget, and with minimal community impact.

Project Snapshot
• 60” RCP Trunk
Storm Drain
• 17 Potable Water
Tie-Ins
• 280 Working-Day
Schedule
• School-Frontage
Critical Milestone
• Multi-Agency
Utility
Coordination
• LUP / CGP
Regulatory
Compliance
1 31

2. Staffing Resources
Photo: City of Ontario, Fourth Street Project Drone Photo 32 City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

2. Staffing Resources
Z&K’s proposed organizational structure for SM2301 establishes a clear chain of responsibility, led by a single accountable Senior Construction Manager supported by executive leadership, public outreach coordination, and integrated materials testing services.

Z&K is committed to the stability and continuity of the proposed team. The key personnel identified herein will not be replaced without prior written authorization from the City of Ontario.

Project Team Bios
Z&K has assembled a senior-level Construction Management team structured to deliver SM2301 with clear accountability, executive oversight, and disciplined quality control. The team combines experienced municipal construction leadership, structured QA/QC oversight, proactive public outreach coordination, and integrated materials testing support. Each key member has delivered complex public works infrastructure projects involving roadway, storm drain, potable water systems, regulatory compliance, and multi-agency coordination.

Lisa Naslund, PE, QSD/P, Senior Construction Manager, QA/QC & Value Engineering Manager
Lisa Naslund is a licensed Professional Engineer with over 25 years of experience leading municipal capital improvement projects from design through construction. Her experience spans storm drain systems, potable water improvements, roadway rehabilitation, ADA-compliant rightof-way construction, and multi-discipline utility coordination within active urban corridors. She has supported and managed projects for the Cities of Manhattan Beach involving large-diameter reinforced concrete pipe installations, deep trench construction, waterline replacement, environmental compliance, and phased corridor reconstruction.
2 33
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) For Task 1 – Biddability and Constructability Review, Lisa will serve as QA/QC and Value Engineering Lead.

She will conduct a comprehensive review of the 100% Plans, Specifications, and Engineer’s Estimate (PS&E), evaluating clarity, consistency, quantity accuracy, feasibility of construction, phasing constraints, and potential conflicts or omissions. She will identify value engineering opportunities, recommend optimized construction sequencing and working day allocations, and develop a structured Risk Register to strengthen contractual protections and minimize change order exposure prior to advertisement.

For Task 2 – Construction Management, Geotechnical and Materials Testing Services, Lisa will serve as Senior Construction Manager and single point of responsibility for project delivery. She will provide full construction contract administration in accordance with approved PS&E documents and City of Ontario standards. Her responsibilities include leading pre-construction and weekly construction meetings, monitoring CPM schedules and working day tracking, managing submittals and RFIs, evaluating and negotiating change orders, reviewing progress payments and quantity reports, coordinating utility interfaces, and integrating geotechnical and materials testing services into the overall construction schedule. She will also oversee regulatory compliance, public outreach coordination, and documentation control through project closeout.

Lisa’s leadership approach emphasizes proactive risk mitigation, milestone enforcement, disciplined documentation control, and protection of the City’s contractual interests. Her experience managing complex corridor-based infrastructure projects ensures that SM2301 will be delivered with structured oversight, technical consistency, and schedule discipline throughout its 280-working-day duration.

Amber Garcia, Public Outreach Coordinator
Amber specializes in public outreach and stakeholder coordination for infrastructure projects located within active residential communities. She has experience supporting projects requiring advance notifications, utility shutdown coordination, and structured community engagement strategies. For SM2301, Amber will lead proactive outreach efforts, including preparation and distribution of notifications, coordination of water shutdown communications, hotline monitoring, and engagement with schools and surrounding stakeholders. Her role will ensure that communication efforts are aligned with construction phasing and minimize disruption to residents and the school community.

Brittany Duhn, PE, QSD/P, Project Manager/Office Engineer Brittany is a licensed Civil Engineer with experience supporting construction management on municipal infrastructure projects. Her background includes coordination of contract documentation, schedule monitoring, submittal and RFI tracking, and regulatory compliance support across multi-phase public works programs. For SM2301, Brittany will serve as PM/OE, overseeing document control, schedule integration, pay application review, and coordination between the City, Contractor, and inspection staff. Her involvement ensures accurate documentation, structured contract compliance, and disciplined project controls throughout all phases of construction.

Executive Leadership
Crystal Fraire, PE, QSD/P, Principal-in-Charge
Crystal provides executive leadership and corporate oversight for Z&K’s municipal infrastructure programs. As Principal-in-Charge, she will ensure alignment with City priorities, maintain quality management standards, and provide strategic guidance throughout the project lifecycle to support successful delivery of SM2301.

Subconsultants
Converse Consultants (Geotechnical and Materials Testing Services) | Converse Consultants provides certified geotechnical and materials testing services for municipal infrastructure projects throughout Southern California. Services include trench backfill and compaction testing, asphalt and concrete testing, batch plant inspections, and detailed field reporting. In coordination with Z&K, Converse will integrate testing with project phasing and CPM milestones to ensure compliance with City standards and regulatory requirements.
3 34
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Lisa Naslund is a licensed Professional Engineer with over 25 years of experience delivering municipal capital improvement projects from design through construction. Her experience includes storm drain systems, potable water improvements, roadway rehabilitation, and utility undergrounding within active urban corridors. In her QA/QC and Value Engineering role, Lisa performs comprehensive biddability and constructability reviews of Plans, Specifications, and Engineer’s Estimates, identifying technical conflicts, phasing constraints, and cost-saving opportunities prior to advertisement.

She has led constructability reviews and bidding efforts for complex infrastructure projects, including Manhattan Beach’s $28 million 28th Street Stormwater Infiltration Project. During construction, Lisa serves as Senior Construction Manager and primary point of responsibility for project delivery.

She oversees contractor performance, CPM schedule monitoring, working day tracking, submittal and RFI management, change order evaluation, progress payment review, and regulatory coordination. Her leadership emphasizes proactive risk mitigation, disciplined documentation control, and protection of agency interests to ensure successful project delivery on time and within budget.

EXPERIENCE
City of Manhattan Beach, 28th Street Stormwater Infiltration Project (Project Manager) | Lisa provides project management oversight for the City’s $28M 28th Street Stormwater Infiltration Project, a complex coastal initiative improving stormwater capture and groundwater recharge. The project includes tapping an existing 60-inch storm drain 50 feet below grade, construction of a new pump station, installation of a stormwater distribution system, development of approximately 40 infiltration wells, and reconstruction of a beach-adjacent parking lot. She led the constructability review and public bidding process and continues to support construction-phase project management, overseeing schedule tracking, cost monitoring, environmental compliance, grant reporting, and stakeholder coordination to ensure alignment between design intent and construction execution.

City of Manhattan Beach, Stormwater Trash Capture Project (Project/Construction Manager) | Lisa supports project management and construction coordination for a $4M Stormwater Trash Capture Project addressing regulatory compliance and water quality improvements. The work includes installation of four fullcapture devices, approximately 80 trash capture units within existing manholes, ADA curb ramp reconstruction, and roadway rehabilitation within active right-of-way corridors. She oversees schedule tracking, submittal and RFI review, contractor coordination, and public communication efforts, ensuring regulatory compliance and disciplined project controls while minimizing community disruption.

City of Manhattan Beach, Water Line Reconstruction Project (Project/Construction Manager) | Lisa provided project management and construction oversight for a $4M water line reconstruction project modernizing aging potable water infrastructure. The project included installation of new water mains, meters, hydrants, service laterals, trench backfill and compaction, pavement restoration, and ADA curb ramp reconstruction. She coordinated phased construction to maintain uninterrupted service, monitored contractor performance and schedule compliance, and supported change management and documentation control through successful project closeout delivered on schedule and within budget.

City of Manhattan Beach, Utility Undergrounding Project (Project/Construction Manager) | Lisa supports project management and construction coordination for a utility undergrounding project converting overhead electrical systems to underground infrastructure across multiple residential corridors. The work includes conduit and vault installation, coordination with Southern California Edison, connection of approximately 110 properties, pole removal, and new street lighting installation.

Lisa Naslund, PE, QSD/P
Senior Construction Manager, QA/QC & Value Engineering Manager

EDUCATION
» BSCE – California State
University – Long Beach

LICENSES &

REGISTRATION
» Professional Engineer, P.E.

State of California, #67989
» SWPPP (QSD) & (QSP)
Certificate #23613
» 30-Hr. Cal OSHA
» Defensive Driving Training
4 35
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Amber Garcia brings experience in public outreach, stakeholder engagement, and community coordination for municipal infrastructure projects within active urban corridors. She specializes in proactive communication planning, advance notification development, and coordination between construction teams, residents, businesses, and agency stakeholders to minimize disruption and maintain public confidence throughout construction. Amber has supported roadway rehabilitation, utility replacement, and stormwater improvement projects requiring structured outreach programs, including public meeting coordination, community notices, hotline management, and direct response to resident inquiries. She works closely with construction management teams to align outreach efforts with project phasing, traffic control implementation, and scheduled service interruptions. Her approach emphasizes early communication, transparency, and issue resolution to reduce community impacts and prevent escalation of concerns. Amber ensures outreach documentation is tracked and incorporated into project reporting, reinforcing accountability and consistent stakeholder engagement from pre-construction through closeout.

EXPERIENCE
City of Pico Rivera - Water Main Replacement Project, Public Outreach Coordinator | Led public outreach efforts for multi-phase potable water main replacement within active residential and arterial corridors.

Coordinated advance notifications for service interruptions, including water shutdowns, tie-ins, and pressure testing activities. Managed community communication related to trench excavation, traffic control implementation, and surface restoration activities. Worked closely with construction management staff to align outreach messaging with phased construction sequencing, ensuring residents and businesses were informed prior to impacts. Tracked public inquiries, coordinated response resolution with field teams, and supported documentation of outreach activities to maintain transparency and minimize disruption during service reconnections and roadway restoration.

City of Lomita - Narbonne South Water Main Replacement Project, Public Outreach Coordinator | Directed public communication and stakeholder coordination for replacement of aging water distribution infrastructure within a constrained urban corridor. Developed and distributed advance notices regarding service interruptions, traffic control modifications, and construction scheduling. Coordinated closely with City staff, inspection teams, and contractor representatives to address resident concerns and maintain service continuity throughout phased installation. Monitored hotline activity, documented outreach efforts, and ensured consistent communication during trenching, valve replacements, service reconnections, and surface restoration activities.

Elsinore Valley Municipal Water District (EVMWD) - Highway 74 Waterline Relocation – El Cariso Village Project, Public Outreach & Stakeholder Coordination Lead | Managed public outreach and stakeholder coordination for relocation of potable water transmission mains within a Caltrans-controlled mountain corridor.

Coordinated advance notifications related to lane closures, traffic control modifications, and scheduled water service interruptions under limited-access conditions. Worked closely with District staff, construction management teams, Caltrans representatives, and contractor personnel to align outreach efforts with phased construction sequencing and tie-in activities. Monitored community inquiries, coordinated resolution of concerns, and ensured clear communication regarding schedule updates and service continuity throughout construction.

City of Torrance - Van Ness Water Wells Transmission Main Project, Public Outreach & Stakeholder Coordination Lead | Led public outreach and stakeholder coordination for installation of large-diameter potable water transmission mains connecting groundwater wells to the City’s distribution system within active roadway corridors. Coordinated advance notifications regarding lane closures, construction staging, and scheduled testing and tie-in activities. Worked closely with City staff, construction management teams, and contractor personnel to align outreach messaging with phased pipeline installation, pressure testing, and chlorination activities.

Amber Garcia
Public Outreach Coordinator
Officer

EDUCATION
» Bachelor of Business
Administration – Long
Beach State University
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Brittany Duhn is a licensed Civil Engineer with experience supporting construction management on municipal infrastructure projects involving storm drain, potable water, and roadway improvements. Her background includes contract documentation control, CPM schedule monitoring, submittal and RFI tracking, change management coordination, and regulatory compliance support across multi-phase capital improvement programs.

As Project Manager / Office Engineer, Brittany oversees document control systems, integrates inspection tracking with baseline CPM schedules, and supports progress payment review and quantity verification. She works closely with field inspectors, contractors, and agency staff to ensure submittals, RFIs, and change documentation are processed efficiently and in accordance with contract requirements.

Brittany’s structured and detail-oriented approach reinforces schedule discipline, contract compliance, and documentation accuracy, supporting successful project delivery from pre-construction through closeout.

RELEVANT EXPERIENCE
City of Pico Rivera - Water Main Replacement Project, Project Manager / Office Engineer | Supported construction management activities for multiphase potable water main replacement within residential and arterial corridors. Managed submittal and RFI tracking, coordinated document control systems, and integrated inspection documentation with baseline CPM schedule activities. Assisted with progress payment review, quantity tracking, and change documentation processing to ensure compliance with contract requirements. Coordinated closely with field inspectors and contractor personnel to support phased water service tie-ins, testing, and surface restoration while maintaining schedule alignment.

City of Manhattan Beach - 28th Street Stormwater Infiltration Project, Project Manager / Office Engineer | Provided document control and schedule integration support for construction of a regional stormwater diversion and infiltration system serving a 1,500-acre drainage area. Managed submittals, RFIs, and change documentation related to pretreatment systems, underground pump station components, and deep drywell installation. Assisted with progress payment verification and regulatory documentation tracking, including SWPPP compliance reporting. Coordinated with inspection staff, contractors, and agency stakeholders to maintain schedule discipline and accurate project records throughout phased construction.

Elsinore Valley Municipal Water District (EVMWD) - Highway 74 Waterline Relocation – El Cariso Village Project, Project Manager / Office Engineer | Supported construction management oversight for relocation and replacement of potable water transmission mains within a Caltrans-controlled corridor. Managed submittal review processes, RFI tracking, and documentation control for trench-based pipeline installation, valve and hydrant placements, and multi-point tie-ins. Assisted with schedule updates, testing documentation, and coordination of inspection records to ensure alignment with project milestones and regulatory compliance requirements.

City of Torrance - Van Ness Water Wells Transmission Main Project, Project Manager / Office Engineer | Supported construction activities for installation of large-diameter potable water transmission mains connecting groundwater wells to the City’s distribution system. Managed submittal processing, RFI coordination, and change documentation tracking for pipeline installation, utility crossings, pressure testing, and chlorination activities.

Assisted with pay application review and integration of inspection records into project documentation systems to support schedule control and quality assurance.

Education
§ Bachelor of Science in Civil
Engineering – Cal Poly
Pomona
Registration/Certification
§ Licensed Professional Civil
Engineer, #C91078
§ SWPPP QSD/QSP, #27609
§ OSHA 30-hour Certification
§ Caltrans Temporary
Pedestrian Facility Training
Brittany Duhn, PE, QSD/P
Project Manager/Office Engineer
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3. Proposed Method to
Accomplish the Work
Photo: City of Ontario, Fourth Street Project Drone Photo 38 City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

3. Proposed Method to Accomplish the Work
Z&K’s proposed method to accomplish the work is structured to address the Scope of Services outlined in Exhibit “A,” the goals of the City, and the technical and regulatory requirements of SM2301. Our approach integrates Task 1 constructability and biddability review with disciplined Task 2 construction management, regulatory coordination, schedule control, public outreach, and quality assurance oversight.

The following sections describe our technical and management approach to delivering these services in a coordinated, proactive, and accountable manner.

Project Understanding
The City of Ontario has structured SM2301 to combine potable water and storm drain infrastructure improvements into a single construction contract, followed by right-of-way street rehabilitation. This consolidated approach increases efficiency within the corridor and reduces public disruption; however, it also introduces added coordination complexity, regulatory oversight requirements, and phasing sensitivity across multiple scopes of work.

The City is requesting Task 1 services to
perform a comprehensive Biddability and
Constructability Review of the Bid Documents,
along with three categories of services during
construction (Construction Management,
Geotechnical and Materials Testing Services,
and Public Outreach and Coordination).

Maintaining strict adherence to varying design
standards, technical specifications, and
approved materials requirements across these
packages will be critical to avoiding
inconsistencies during construction. The multiphased nature of the project increases the importance of compatibility between plan sets,
coordinated phasing, and clear contractual
language.

In addition to design integration challenges, regulatory compliance represents a key project driver. The combined SWPPP must comply with the Construction General Permit (CGP) under a Linear Underground Permit (LUP) classification. While the Technical Specifications reference a “small” LUP, official classifications fall under Risk Levels 1, 2, or 3, and confirmation of the appropriate risk level must occur prior to ground-disturbing activities. Permit Registration Documents (PRDs) are required to be submitted within 30 days of award, and a WDID number must be obtained before initiating potholing or excavation operations.

Because the City of Ontario will serve as the Legally Responsible Party (LRP) under the CGP, early permit coordination and accurate classification will be essential to prevent mobilization delays and maintain regulatory compliance throughout
construction.

Overall, SM2301 presents a technically complex, schedule-sensitive infrastructure program requiring disciplined coordination across storm drain, potable water, and street improvement phases, while maintaining compliance with regulatory requirements and minimizing impacts to the surrounding community. 7 39
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Constructability & Risk Register Development
As requested in Task 1 services, Z&K will perform a comprehensive Biddability and Constructability Review of the Contract Documents to identify technical, contractual, phasing, and regulatory risks prior to construction.

Given that SM2301 integrates three separate plan packages prepared by multiple Engineers of Record, compatibility and clarity across all documents will be critical to reducing change orders and schedule impacts.

The project integrates three distinct design packages prepared by multiple Engineers of Record:

1. Storm Drain Improvement Plans
– City of Ontario

2. Water Improvement Plans –
Ardurra

3. Street Improvement Plans –
City of Ontario
Comprehensive Contract Document Review
Z&K will review all Contract Documents concurrently, including storm drain, water, and street improvement plans, technical specifications, and appendices, to evaluate cross-discipline compatibility. This review will assess consistency in technical standards, approved materials requirements, phasing language, and inspection protocols. Building upon the three coordinated plan packages identified above, Z&K will evaluate cross-discipline compatibility, consistency of technical standards, and alignment of phasing language across storm drain, water, and street improvements.

Special attention will be given to ensuring alignment between these packages and recommending clarifications within the Special Technical Provisions where tighter contractual language is warranted.

Risk Register Development
Simultaneously with the constructability review, Z&K will develop a formal Risk Register to document potential areas of exposure, including:
• Utility conflicts and potholing
coordination
• Shoring and soil classification
assumptions
• Water tie-in sequencing and
system impacts
• Staging constraints within the
right-of-way
• Traffic control integration across
phases
• Regulatory permit timing
• School-frontage milestone
constraints
• Approved Materials List
consistency
• Bidding strategy ambiguities
This Risk Register will be used as a living management tool throughout construction to proactively mitigate schedule and claims exposure.

Shoring and Soil Classification Clarification
Section 10.3 of the geotechnical report references OSHA Class C soils. To eliminate bidding ambiguity and reduce risk, Z&K will recommend explicit contract language requiring contractors to assume CalOSHA Class C soil conditions and to provide engineered, stamped shoring designs for each applicable work area. This clarification ensures that tabular shoring methods are not improperly applied and that all deep excavation activities are supported by professionally designed systems.

Staging and Right-of-Way Constraints
The Contract Documents indicate no designated contractor staging area and restrict material storage within the right-of-way outside of specified work hours. Z&K’s constructability review will evaluate staging feasibility, traffic control integration, and contractor access constraints to ensure that phasing assumptions are realistic and achievable within corridor limitations.

Utility Coordination Review
The project includes seventeen (17) potable water connections and requires coordination with Cucamonga Valley Water District (CVWD), Southern California Edison (SCE), and other franchise utilities. Constructability review will evaluate:
• Tie-in sequencing
• Inspection coordination with
CVWD
• Highlining requirements
• SCE pole support requirements
within five feet of trench limits
• Integration of utility coordination
into the overall CPM schedule
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Regulatory & Permit Coordination Strategy
Regulatory compliance is a critical driver of SM2301’s schedule and risk profile. Given that the City of Ontario will serve as the Legally Responsible Party (LRP) under the Construction General Permit (CGP), early and accurate coordination of permit documentation is essential to prevent mobilization delays and maintain compliance throughout construction.

Linear Underground Permit (LUP) Compliance
The project requires compliance under a Linear Underground Permit (LUP) classification. Although the Technical Specifications reference a “small” designation, LUPs are formally categorized under Risk Levels 1, 2, or 3.

Confirmation of the appropriate risk level must occur prior to submittal of Permit Registration Documents (PRDs) and prior to any ground-disturbing activities, including potholing.

Z&K will ensure that permit classification, documentation sequencing, and compliance timelines are clearly integrated into the overall project schedule.

SWPPP & PRD Coordination
The combined SWPPP must address the entire project corridor and be submitted within 30 days of award in accordance with CGP requirements. PRD documentation must be reviewed, coordinated, and submitted through the SMARTs system to obtain the WDID number prior to construction.

Z&K will incorporate the following regulatory coordination controls into the CM Plan:
• Confirmation of LUP Risk Level classification
• Tracking of PRD preparation and submittal
deadlines
• Integration of WDID acquisition into Task 1
schedule milestones
• Coordination between the Contractor, City (LRP),
and regulatory agencies
• Monitoring of ongoing CGP compliance
documentation
Requirement Responsible Party Timing Tracking Method
LUP Risk Level Confirmation Z&K / City Pre-PRD CM Plan Checklist PRD Submittal Contractor Within 30 Days SMARTs Tracking Log WDID Acquisition City (LRP) Prior to Ground Disturbance CPM Milestone CGP Reporting Contractor Ongoing Monthly Report
Notice of Termination Z&K Closeout Permit Checklist
Early regulatory integration will reduce the risk of delays during mobilization and potholing operations and ensure inspection readiness from the outset of construction.

Ongoing Permit Compliance
Throughout construction, Z&K will monitor compliance with:
• SWPPP implementation requirements
• Erosion control and BMP reporting
• CGP documentation updates
• Notice of Termination (NOT) requirements at project
closeout
Regulatory tracking will be incorporated into monthly reporting to maintain transparency and documentation continuity.
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Phasing & Schedule Control Strategy
SM2301 is a technically complex, multi-phase infrastructure project requiring disciplined phasing control, proactive CPM management, and structured milestone enforcement. Because potable water, storm drain, and roadway improvements are consolidated into a single contract, sequencing decisions directly affect schedule performance, regulatory compliance, and public disruption.

Z&K will incorporate phasing analysis into both the Task 1 Constructability Review and Task 2 Construction Management oversight to ensure compatibility between design intent and field execution.

Phase 1 – Potholing, Submittals, and
Regulatory Preparation | The Contract
establishes Phase 1 as potholing of existing
utilities for both pipeline alignments,
preparation and submission of shop drawings and
material submittals, work crew scheduling, and
development of SWPPP and Traffic Control Plans.

From a constructability standpoint, the following
clarifications and controls are essential:
ü Confirmation that WDID approval under the Linear
Underground Permit (LUP) is obtained prior to
any ground-disturbing activity, including potholing.
ü Clarification that the 30-day PRD submittal
requirement is triggered by Notice of Award.
ü Explicit confirmation that LUP compliance applies
to ALL potholing operations for both storm drain
and water alignments.
ü Verification that work crew assumptions are
sufficient to meet corridor constraints and
milestone deadlines.

Z&K will ensure that regulatory documentation
timelines, submittal review durations, and long-lead
procurement items are incorporated into the baseline
CPM schedule to prevent early schedule slippage.

Phase 2 – Water Improvements | Phase 2
requires construction of potable water
improvements beginning at the downstream
connection and proceeding upstream,
including laterals, meters, valves, appurtenances,
trench backfill, compaction, and base paving.

From a constructability perspective, Z&K will evaluate
whether strict downstream-to-upstream sequencing is
required. Because potable water systems are
pressurized, sequencing may be optimized to mitigate
traffic impacts and system disruption rather than
adhering strictly to gravitational flow logic. Critical considerations include:
ü Coordination of seventeen (17) potable water tieins. ü Inspection coordination with Cucamonga Valley
Water District (CVWD) for work adjacent to existing
infrastructure.
ü Integration of highlining requirements into the
schedule.
ü Ensuring SCE pole support and other franchise
utility coordination are incorporated into the CPM
logic.
ü Incorporating tangible schedule allowances for
utility coordination tasks.

Water improvements present a high risk of cumulative
schedule impact due to inspection sequencing and
shutdown coordination; therefore, proactive milestone
tracking will be enforced.

Phase 3 – Storm Drain Construction |
Phase 3 includes installation of storm drain
pipe, connector pipes, manholes, junction
structures, catch basins, local depressions,
connector pipe screens, and associated trench backfill
and compaction. Storm drain construction is expected
to be a critical path component of the project.

Constructability analysis will emphasize:
ü Engineered shoring design approval timelines.
ü Explicit assumption of CalOSHA Class C soils.
ü Requirement for engineered, stamped shoring
systems (no tabular shoring).
ü Integration of shoring design submittals into CPM
critical path logic.
ü Establishment of measurable interim milestones.

Additionally, work adjacent to Corona Elementary
School must be completed between June 1 and
August 7, 2026. Z&K recommends formalizing this
requirement into defined milestone language and
developing a focused mini-schedule outlining week-byweek activities during the nine-week window. This approach reduces the risk of milestone failure and
associated schedule impacts.

Public outreach coordination will be integrated into this phase to minimize disruption to nearby schools and
places of worship.

Phase 4 – Video Inspection | The Contract
requires video inspection of the storm drain
system following installation.
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) From a constructability standpoint, Z&K recommends:
ü Defining sag tolerances and non-acceptance
thresholds within the Contract Documents.
ü Performing progressive inspection during
installation where feasible to identify deficiencies
early.
ü Aligning inspection timing with schedule logic to
avoid rework delays late in the project.

Clear inspection criteria reduce ambiguity and mitigate downstream disputes.

Phase 5 – Street Improvements | The final
phase includes curb and gutter replacement,
ADA ramp installation, APS push button
installation, sidewalk and driveway
replacement, asphalt grinding, ARHM overlay, striping,
signage, and utility adjustments.

Constructability review will focus on:
ü Clarifying demolition basis (including leveling
course areas).
ü Confirming alignment with Appendices A - L.
ü Ensuring traffic control plans are seamlessly
merged across all phases.
ü Confirming that final paving and striping activities
are sequenced to minimize remobilization.

Because street improvements close the project
corridor, sequencing and inspection timing must be
carefully integrated with final punchlist and acceptance milestones.

CPM Oversight and Schedule Controls
Across all phases, Z&K will implement disciplined CPM oversight including:
• Baseline schedule review prior
to approval.
• Enforcement of logical
sequencing for regulatory
approvals and utility
coordination.
• Monthly CPM review tied to
progress payments.
• Integration of three-week lookahead schedules into bi-weekly progress meetings.
• Monitoring of long-lead
procurement and substitution
reviews.
• Early identification of schedule
variance trends.

Construction Administration & Contract Controls
Z&K’s Construction Administration and Contract Controls approach ensures disciplined oversight, proactive issue resolution, and protection of the City’s contractual interests. This framework integrates schedule management, submittal and RFI tracking, payment verification, and documentation control to maintain compliance, minimize risk, and support on-time project delivery.

Progress Meetings & Communication | Z&K’s Construction Administration approach emphasizes disciplined documentation and proactive communication. Lisa Naslund, PE, QSD/P will serve as the primary point of contact and oversee all construction administration activities. Bi-weekly progress meetings will review the three-week look-ahead schedule, submittal and RFI status, change orders, safety compliance, and utility coordination, with weekly summaries issued to maintain alignment and early issue identification.

Submittal & RFI Management | Z&K will implement structured submittal tracking beginning with development of a comprehensive log that includes both technical and non-technical requirements. Material submittals and RFIs will receive initial review to confirm consistency with the Contract Documents and timely response. Submittal timelines will be integrated into the CPM schedule to prevent review-related delays and maintain schedule discipline.

CPM Schedule Oversight | Z&K will conduct a detailed review of the Contractor’s baseline CPM schedule prior to approval to ensure logical sequencing of regulatory approvals, utility coordination activities, and long-lead procurement items. Monthly CPM schedule updates will be reviewed in conjunction with progress payment applications to confirm schedule performance and identify variance trends. Three-week look-ahead schedules will be incorporated into progress meetings to maintain short-term visibility and proactive field coordination.
“Z&K will provide City and OMUC inspectors with a cross-referenced list of CPM schedule activities and associated activity numbers, ensuring that every field activity is directly tied to the baseline schedule for real-time tracking and accountability.”
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Schedule of Values & Payment Controls | The Schedule of Values will be reviewed and approved to prevent front-end loading and unbalanced bid breakdowns. Lump sum items will be structured to avoid carryover across multiple payment periods. Monthly pay applications will be verified against field documentation to confirm that only completed work is invoiced.

Materials on site will not be recommended for payment without prior authorization from the City.

Substitutions & Approved Equals | Z&K will establish a structured protocol for evaluating Requests for Substitutions and Approved Equals, particularly for long-lead equipment.

Substitution requests will be reviewed against specified standards and documented with clear reference to Contract requirements. Requests submitted outside contractual timeframes will not be considered. Early identification of long-lead items will be emphasized to prevent schedule impacts.

Claims Avoidance & Contract Enforcement | Z&K’s claims management approach is rooted in proactive contract administration and documentation discipline. No out-of-scope work will proceed without prior written authorization. Potential claims will be evaluated based on entitlement, causation, and documented damages prior to recommendation for time or cost adjustment. All correspondence will be tracked to maintain enforceability of Contract provisions and prevent waiver exposure.

Web-Based Project Management & Documentation Control | Z&K will administer the project using a structured web-based project management platform, such as CIPO, configured to mirror the City’s document organization framework. The system will track RFIs, submittals, change documentation, permit compliance records, and schedule integration while supporting preparation of monthly progress reports. This structured documentation framework ensures transparency, accountability, and defensible contract administration throughout construction.

Quality Assurance & Quality Control (QA/QC)
Z&K’s Quality Assurance and Quality Control program is structured to ensure compliance with Contract Documents, technical standards, and regulatory requirements across all phases of SM2301. Given the integration of storm drain, potable water, and roadway improvements under a single contract, structured QA/QC oversight is critical to maintaining consistency and preventing downstream rework or claims exposure.

QA/QC Framework | Z&K follows a QA/QC protocol consistent with CMAA best practices for Certified Construction Managers. A comprehensive CM Plan will be developed at project initiation to integrate contract requirements, inspection standards, regulatory compliance tracking, and documentation controls into a coordinated management framework.

The CM Plan will align with the City of Ontario and OMUC inspection guidelines and establish clear procedures for document control, schedule integration, and quality tracking.

Submittal & RFI Quality Controls | QA/QC oversight will include structured review of submittals and RFIs to ensure that responses are consistent with Contract requirements and clearly identify cost implications when applicable. Particular attention will be given to ensuring that RFI responses include clarification regarding cost neutrality or potential cost impact, reducing ambiguity and minimizing change order disputes.

Schedule-Integrated QA Oversight | QA/QC tracking will be aligned with CPM schedule activities to ensure that inspection, testing, and documentation remain synchronized with construction progress. Activity codes will be coordinated with inspection staff so that each work element is traceable within the schedule and documented appropriately.

Compliance & Documentation Control | Z&K will maintain structured tracking of permit compliance, safety documentation, certified payroll requirements, and contract submittals. QA/QC procedures will ensure that documentation remains current, organized, and defensible throughout construction.

This structured QA/QC oversight reinforces disciplined contract administration, reduces exposure to claims, and supports successful project delivery.
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Public Outreach & Stakeholder Coordination
SM2301 is located within an active residential corridor and adjacent to Corona Elementary School, requiring structured communication and proactive coordination to minimize disruption and maintain public confidence.

Z&K recognizes that effective outreach is integral to schedule performance and risk mitigation, particularly during potable water shutdowns, deep excavation activities, and school-frontage work.

Outreach Leadership & Integration | Amber Garcia will
lead public outreach efforts in coordination with the
Senior Construction Manager to ensure communication
strategies align with project phasing and construction
milestones. Outreach will be integrated into weekly
progress reviews and schedule discussions to anticipate community impacts prior to field implementation.

Advance Notification & Shutdown Coordination |
Advance notifications will be prepared and distributed
prior to major construction activities, including water service interruptions, traffic control shifts, and utility tieins. Shutdown coordination will be closely aligned with schedule milestones to ensure residents and
stakeholders receive timely and accurate information.

Stakeholder Coordination | Outreach efforts will
include coordination with schools, nearby places of
worship, and affected businesses within the corridor. A 24-hour hotline will be monitored to receive and track
community concerns, and responses will be coordinated
with the CM team to ensure prompt resolution.

Reporting & Documentation | Public outreach activities
will be incorporated into weekly summaries and monthly
progress reports to maintain transparency and
documentation continuity. Integration of outreach
tracking with construction phasing reduces reactive
communication and supports proactive issue resolution.

Geotechnical & Materials Testing Integration
Geotechnical and materials testing services are integral to maintaining construction quality, regulatory compliance, and long-term infrastructure performance. Z&K will coordinate closely with Converse Consultants to ensure testing activities are fully integrated into the construction schedule and inspection process.

Testing Program Oversight | Testing activities will be aligned with the Contractor’s CPM schedule to ensure trench backfill, pipe bedding, subgrade preparation, and pavement placement are verified in real time. This integration prevents rework, supports inspection acceptance, and reduces schedule risk associated with failed tests or delayed reporting.

Field and Laboratory Services | Converse Consultants will perform certified laboratory and field testing in accordance with project specifications and applicable public agency standards. Services will include trench backfill and compaction verification, in-place density testing of subgrade and base materials, asphalt and ARHM testing, compressive strength testing of cast-in-place and precast concrete, and batch plant inspections. Testing documentation will be prepared in clear, concise daily field reports and laboratory summaries to ensure timely review and approval.

Non-Compliance Response | In the event of out-of-compliance results, Z&K will coordinate immediate corrective action with the Contractor and inspection staff. Recommendations will be documented, tracked, and incorporated into the CM reporting system to ensure resolution prior to advancement of dependent activities. 13 45
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Post-Construction & Closeout Strategy
Z&K recognizes that a structured and disciplined closeout process is critical to delivering a fully complete, compliant, and defensible project. Our objective during closeout is to ensure that all contractual, regulatory, financial, and documentation requirements are satisfied prior to final acceptance.

Punchlist & Substantial Completion | Z&K will coordinate substantial completion inspections with the City, OMUC, and relevant stakeholders to develop and track a comprehensive punchlist. All corrective work will be documented and monitored to ensure completion prior to final acceptance. Interim milestones associated with phased improvements will be confirmed prior to progression into final closeout activities.

Contractual & Financial Reconciliation | The CM Team will manage final reconciliation of quantities, review the Final Reconciliation Change Order, confirm retention release requirements, and coordinate preparation of the final pay application. Z&K will ensure that all lien releases, warranties, guarantees, and subcontractor closeout documentation are received and properly filed prior to recommendation of final payment.

Regulatory & Permit Closeout | Z&K will coordinate completion of all regulatory documentation, including Construction General Permit requirements and Notice of Termination (NOT) under the LUP WDID. Permit closeout documentation will be incorporated into the project record and verified prior to final acceptance.

Documentation & Record Deliverables | The CM Team will confirm receipt and organization of final record drawings, Operations & Maintenance (O&M) manuals, spare parts documentation, warranty information, training materials, and any specialized equipment documentation. Final documentation will be provided in both electronic and hard copy format to ensure long-term accessibility.

Lessons Learned & Quality Review | As part of project closeout, Z&K will prepare a Lessons Learned memorandum to document key coordination, schedule, and constructability insights that may inform future City projects. This structured review reinforces continuous improvement and quality assurance practices.

Through disciplined closeout management, Z&K ensures that SM2301 transitions from construction to operations without outstanding regulatory, contractual, or documentation deficiencies.

Project Schedule for CM Services
Z&K’s Construction Management services are structured to align with the City’s Overall Project Schedule, which extends from contract award in March 2026 through final closeout in March 2028.

Phase 1 – Pre-Construction & Constructability Review | March 16, 2026 – April 10, 2026 (4 Weeks) Phase 1 services include Biddability/Constructability Review, Value Engineering analysis, phasing review, and incorporation of recommended revisions into the Contract Documents through addendum. During this period, Z&K will also coordinate Permit Registration Documents (PRDs) to secure the WDID number within the required 30-day window.

Phase 2 – Construction Phase (280 Working Days) | July 13, 2026 – May 28, 2027 The Construction Phase includes Pre-Construction Services, mobilization, and full Construction Management, Geotechnical Testing, and Public Outreach oversight throughout the 280 working-day construction duration.

Services include:
• Construction Management (estimated 1,400 hours)
• Geotechnical and Materials Testing (estimated 1,800 hours) • Public Outreach and Coordination (estimated 450 hours) All regulatory milestones, including WDID acquisition prior to ground disturbance and LUP compliance monitoring, are integrated into the baseline CPM schedule.

Phase 3 – Post-Construction & Closeout | May 31, 2027 – March 17, 2028 Post-construction services include punchlist tracking, final reconciliation change order, Close WDID/NOI documentation (2 weeks), Notice of Completion processing, warranty documentation review, and final project closeout activities.
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City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) Preliminary Schedule
ID Task Name Working
Days
Start Finish
1 Administration and General Project Milestones12.6 wks Thu 3/5/26 Mon 6/1/26 2 CM & Inspection Contract Award Notification 0 days Thu 3/5/26 Thu 3/5/26 3 CM & Inspection Contract NTP 0 days Mon 3/16/26 Mon 3/16/26 4 Bid and Award Phase 12.2 wks Mon 3/9/26 Mon 6/1/26
5 Post to PlanetBids 0 days Mon 3/9/26 Mon 3/9/26
6 Bids Due 0 days Tue 4/7/26 Tue 4/7/26
7 Award of Contract 8 wks Tue 4/7/26 Mon 6/1/26
8 Award Period 8 wks Tue 4/7/26 Mon 6/1/26
9 City Council Meeting to Award Contract 0 days Mon 6/1/26 Mon 6/1/26 10 Phase 1. Pre Construction 6 wks Mon 3/16/26 Fri 4/24/26 11 Biddability/Constructability Review 4 wks Mon 3/16/26 Fri 4/10/26 12 Document Review 4 wks Mon 3/16/26 Fri 4/10/26
13 Value Engineering 4 wks Mon 3/16/26 Fri 4/10/26
14 Construction Phasing 4 wks Mon 3/16/26 Fri 4/10/26
15 Incorporate Items into Contract Documents
through Addendum
0 days Fri 4/24/26 Fri 4/24/26
16 Phase 2. Construction Management and
Geotechnical Testing
88 wks Mon 7/13/26 Fri 3/17/28
17 CONSTRUCTION PHASE (280 Working Days) 88 wks Mon 7/13/26 Fri 3/17/28 18 Pre Construction Phase Services 6 wks Mon 7/13/26 Fri 8/21/26 19 Notice to Proceed (NTP) for Procurement 0 days Mon 7/13/26 Mon 7/13/26 20 Submit all PRD Documents to obtain a LUP
WDID Number
3 wks Mon 7/13/26 Fri 7/31/26
21 Potholing 2 wks Mon 7/13/26 Fri 7/24/26
22 Prepare and Submit (P/S) COMPLETE
Potholing Plan
2 wks Mon 7/13/26 Fri 7/24/26
23 Prepare and Submit (P/S) all material submittals 3 wks Mon 7/13/26 Fri 7/31/26 24 Prepare and Submit (P/S) Traffic Control Plans3 wks Mon 7/13/26 Fri 7/31/26 25 Prepare and Submit (P/S) Shoring Plans 3 wks Mon 7/13/26 Fri 7/31/26 26 Prepare and Submit (P/S) CPM Baseline Schedule 3 wks Mon 7/13/26 Fri 7/31/26 27 Notice to Mobilize for Construction 0 days Fri 8/21/26 Fri 8/21/26 28 Notice to Proceed (NTP) to Construction 0 days Fri 8/21/26 Fri 8/21/26 29 Construction Phase services 40 wks Fri 8/21/26 Fri 5/28/27 30 Notice to Proceed for Construction 0 days Fri 8/21/26 Fri 8/21/26 31 Construction Management Services - The
City estimates that approximately 1400
hours will be needed for Construction
40 wks Mon 8/24/26 Fri 5/28/27
32 Geotechnical and Materials testing - The
City estimates that approximately 1800
hours will be needed for this task.
40 wks Mon 8/24/26 Fri 5/28/27
33 Public Outreach and Coordination - The City
estimates that approximately 450 hours will
be needed for this task
40 wks Mon 8/24/26 Fri 5/28/27
34 Post Construction Phase services 42 wks Mon 5/31/27 Fri 3/17/28 35 Close WDID/NOI 2 wks Mon 5/31/27 Fri 6/11/27
36 Notice of Completion (NOC) 40 wks Mon 6/14/27 Fri 3/17/28 3/5/2026
3/16/2026
3/9/2026
4/7/2026
6/1/2026
4/24/2026
7/13/2026
8/21/2026
8/21/2026
8/21/2026
Feb Jul Dec May Oct Mar
2027 2028

CONSTRUCTION MANAGEMENT, GEOTECHNICAL AND MATERIAL TESTING SERVICES, AND PUBLIC OUTREACH AND COORDINATION SERVICES FOR THE FOURTH STREET STORM DRAIN, WATERMAIN, AND STREET IMPROVEMENTS PROJECT (SM2301) Overall Project Schedule

15 47

4. Fee Proposal
Photo: City of Ontario, Fourth Street Project Drone Photo 48 City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

4. Fee Schedule
16 TASK ORDER REQUEST

CONSTRUCTION MANAGEMENT, GEOTECHNICAL AND MATERIAL TESTING SERVICES, AND PUBLIC OUTREACH AND COORDINATION FOR THE FOURTH STREET STORM DRAIN, WATERMAIN, AND STREET IMPROVEMENTS PROJECT (SM2301)
Fee Summary
Fee Estimate
Assumed NTP Date July 2026 for construction 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 Bid and Award Period March 2026 to July 2026 Working Days per Month 22 22 20 21 23 21 21 21 19 22 19 19 23 22 20 Working Days (per RFP Page 2) 280 Working Days (10 months) Total Hours Per Task Per RFP Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Position or Responsibility
% of Total
Hours Staff
Firm Rate (FY
26/27) Hours Fee 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8
Task 1 (Tasks 1, 1.1, 1.2, 1.3, 1.4) (80 Total Hours)
QA/QC Manager/VE Engineering 3% Lisa Naslund, PE, QSD/P Z&K 250.0 80 $ 20,000 40 40 Task 2.1 – Construction Management (1400 Total Hours)
Senior Construction Manager 45% Lisa Naslund, PE, QSD/P Z&K 225.0 1400 $ 315,000 140 140 140 140 140 140 140 140 140 140 Task 2.2 – Geotechnical and Material Testing Services (1800 Total Hours) Geotechnical Services (Optional Service not included in total) 40% Diego Garcia Converse 155.0 1800 $ 279,000 180 180 180 180 180 180 180 180 180 180 Task 2.3 – Public Outreach and Coordination (450 Total Hours) Public Outreach Coordinator 11% Amber Garcia Z&K 175.0 450 $ 78,750 45 45 45 45 45 45 45 45 45 45 $ 692,750
ODCs
Hotline and Website Cost Per Month 500 Months 10 $ 5,000 1,930 $ 418,750
TOTALS for All CM Tasks including ODCs & Task 2.2 Geotechnical and Material Testing Services 3,730 $ 697,750 TOTALS for All CM Tasks including ODCs

SUBTOTAL OF LABOR COSTS
MVRWRF RWRF Team

BID AND AWARD PHASE CONSTRUCTION PERIOD
49 5. Other Information
Photo: City of Ontario, Fourth Street Project Drone Photo 50 City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

5. Other Information
Z&K has successfully delivered complex municipal infrastructure projects involving large-diameter storm drain systems, potable water improvements, and right-of-way rehabilitation under constrained urban conditions. The following featured projects are most comparable to SM2301 in scope, complexity, and construction duration.

STORM DRAIN EXPERIENCE
City of Manhattan Beach, 28th Street Stormwater Infiltration Project ($28M) The 28th Street Stormwater Infiltration Project is a regionally significant stormwater quality improvement project developed under the Beach Cities Watershed Management Program (WMP). The project was designed to intercept and divert urban runoff from a 1,500-acre drainage area before discharge into Santa Monica Bay.

The system diverts up to 0.8 inches of rainfall, typically the most pollutant-laden, from the 28th Street storm drain into a pretreatment system where trash and sediment are removed. Treated water is then conveyed through an underground pumping system to approximately 40 deep drywells for groundwater infiltration. Improvements also included a diversion structure within an LACFCD facility, installation of motorized gates and actuators, pretreatment facilities, underground pump station components, infiltration wells approximately 30 feet deep, and surface restoration at the 26th Street Parking Facility.

Construction required extensive traffic control within a dense coastal corridor, utility coordination, dewatering, SWPPP implementation, environmental compliance monitoring, and coordination with Los Angeles County Flood Control District and multiple partner agencies.

Regulatory & Environmental Coordination: The project
required compliance with the Construction General Permit, implementation of a Mitigated Negative Declaration (CEQA), mitigation monitoring and reporting requirements, coastal development permitting, and strict NPDES stormwater controls.

Given the project’s proximity to the ocean and public beach areas, environmental protection measures and public communication were critical to successful delivery.

Construction was phased under multiple Notices to Proceed (NTP 1 and NTP 2), incorporating drywell pilot drilling, material procurement, utility verification, and full-scale construction sequencing.

Relevance to SM2301: This project is highly comparable to SM2301 in the following ways:
ü Large-scale stormwater infrastructure within an active urban corridor
ü Multi-agency coordination (City, County Flood Control, regulatory agencies)
ü Strict SWPPP and CGP compliance requirements
ü Phased construction sequencing tied to permit milestones ü Deep excavation and subsurface infiltration systems
ü High public visibility and community engagement
requirements
ü Structured constructability review and value engineering integration
ü Extended construction duration (approximately 18
months)
Z&K’s management of regulatory coordination, phased construction, public interface control, and schedule oversight on this $28 million project demonstrates our capability to deliver complex, schedule-sensitive infrastructure programs comparable in scale and technical complexity to SM2301. 17 51
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) City of Manhattan Beach, Stormwater Trash Capture Project This $4 million stormwater quality improvement project implements State-mandated trash reduction measures through installation of four large full-capture devices and approximately 80 additional trash capture units within existing manholes across multiple active roadway corridors. The project also includes ADA-compliant curb ramp reconstruction and associated pavement rehabilitation to restore disturbed right-of-way areas. Construction occurs within constrained urban corridors requiring careful traffic control planning and coordination.

Services provided include project management and construction coordination, schedule tracking, contractor coordination, submittal and RFI review, documentation control, and public outreach support. Regulatory compliance monitoring and coordination with City staff ensure that implementation meets stormwater mandates while minimizing disruption to residents and maintaining progress within established milestones.

Relevance to SM2301: The project demonstrates experience implementing stormwater infrastructure improvements within active right-of-way corridors, managing regulatory compliance, integrating public outreach, and coordinating phased construction, key elements of SM2301’s storm drain and corridor rehabilitation components.

City of Chino, Russell Avenue Storm Drain Project
This Capital Improvement Project included installation of over 2,100 linear feet of reinforced concrete pipe (24”– 66”), construction of 13 cast-in-place storm drain structures, and installation of nine utility crossing support structures within an active roadway corridor. The project required relocation of an existing asbestos cement water main, full trench restoration, and placement of approximately 108,000 square feet of slurry seal. Traffic signal loop replacement and multi-agency coordination were also required.

Relevance to SM2301: This project closely mirrors SM2301’s large-diameter storm drain installation, deep trench excavation, multi-utility coordination, and phased roadway rehabilitation. Z&K managed schedule control, regulatory compliance, and field coordination to minimize disruption while maintaining budget and milestone performance.

City of Chino, Storm Drain & Public Improvements for Industrial Development This large-scale infrastructure project included installation of over 4,500 LF of storm drain pipe (18”–108” RCP and HDPE), construction of 26 reinforced storm drain structures, 2,300 LF of potable water main (4”–12” PVC and CML&C), 1,600 LF of recycled water main, sanitary sewer installation, lift station construction, and full roadway improvements. The project required coordination across multiple utilities and agencies within an active development environment.

Relevance to SM2301: The integration of storm drain, potable water, and street improvements under a single construction contract closely parallels SM2301. The project required structured phasing, coordination of multiple underground systems, and disciplined contract administration to maintain schedule control.

City of Norco, Temescal Avenue Storm Drain Project
This Capital Improvement Project addressed chronic flooding along Temescal Avenue through installation of approximately 2,600 linear feet of 48-inch reinforced concrete pipe, construction of five new catch basins, curb and gutter reconstruction, and full roadway rehabilitation. The work required deep trench excavation within an active arterial corridor, phased construction sequencing, trench backfill and compaction, and restoration of pavement and concrete improvements. The project also required coordination with the Riverside County Flood Control Channel, implementation of comprehensive traffic control measures, and careful management of stormwater conveyance during construction.

Relevance to SM2301: The installation of large-diameter storm drain infrastructure within an active roadway corridor and coordination with regional flood control agencies directly aligns with SM2301’s storm drain component and regulatory complexity.
18 52
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

WATERLINE EXPERIENCE
City of Pico Rivera, Water Main Replacement Project ($5.5M) This Capital Improvement Program included removal and replacement of aging water distribution infrastructure throughout active residential and arterial corridors. The scope consisted of installation of new PVC and ductile iron water mains, gate valves, fire hydrant assemblies, service laterals, and multi-point tie-ins to the existing distribution system. Construction activities included trench excavation, shoring, pipe bedding, backfill and compaction, pressure testing, chlorination and disinfection, service reconnections, abandonment of existing pipelines, and full surface restoration including asphalt pavement replacement, curb and gutter reconstruction, and traffic striping.

The project required phased construction sequencing to maintain continuous potable water service to residents and businesses. Work was performed under active traffic conditions with comprehensive traffic control plans and close coordination with City staff, inspectors, and utility providers. Z&K managed submittal review, RFIs, change documentation, SWPPP compliance, testing coordination, and final project closeout documentation.

Relevance to SM2301: This project closely aligns with SM2301’s potable water improvements, including multipoint tie-ins, trench-based water main installation, traffic control coordination within active corridors, and maintaining uninterrupted water service during construction. Z&K’s experience sequencing water system shutdowns, coordinating testing and disinfection, and integrating waterline replacement with roadway restoration directly supports the successful delivery of SM2301’s water main replacement component.

City of Manhattan Beach, Water Line Reconstruction Project This $4 million capital improvement project modernized aging potable water infrastructure within residential neighborhoods and collector streets. The scope included installation of new water mains, replacement of meters and service laterals, installation of fire hydrants and valves, trench excavation and compaction, pavement restoration, and reconstruction of ADA-compliant curb ramps. The work required phased sequencing to maintain uninterrupted water service and coordinated shutdowns within active public corridors.

Services provided included project management and construction oversight support, schedule monitoring, contractor coordination, documentation review, change management support, and stakeholder communication.

Coordination with inspection staff and utility providers ensured compliance with specifications and regulatory requirements while maintaining service continuity and public safety.

Relevance to SM2301: The phased installation of potable water mains within an active right-of-way, including service tie-ins, trench sequencing, and roadway restoration, directly aligns with SM2301’s water main improvements and corridor-based construction requirements.

City of Manhattan Beach, Utility Undergrounding Project This multi-phase utility undergrounding project involves conversion of overhead electrical infrastructure to underground systems across several residential corridors. The work includes installation of underground conduits and vault systems, coordination with Southern California Edison, connection of approximately 110 residential properties, removal of existing utility poles, installation of new street lighting systems, and restoration of disturbed right-of-way areas. The project requires disciplined phasing, close coordination with utility agencies, and careful sequencing within constrained public streets.

Services provided include project management and construction coordination, schedule tracking, contractor oversight support, documentation management, stakeholder communication, and coordination of phased utility cutovers to ensure safe and compliant implementation.

Relevance to SM2301: This project demonstrates experience coordinating multiple utility stakeholders, managing phased construction within active corridors, and integrating infrastructure improvements with public communication, directly supporting SM2301’s multi-utility coordination and corridor management requirements. 19 53
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301) City of Ontario, Downtown Water Main Improvements
This project involved removal and replacement of aging potable water mains within the City of Ontario’s downtown corridor in accordance with City technical specifications. Improvements included installation of new PVC and ductile iron water mains, gate valves, fire hydrant assemblies, service laterals, pressure testing, chlorination and disinfection, trench excavation and shoring, backfill and compaction, and full asphalt and concrete surface restoration. Construction was performed under active traffic control conditions in a highvisibility, heavily trafficked urban environment requiring careful sequencing and coordination with adjacent businesses and utilities.

Relevance to SM2301: This project directly aligns with SM2301’s potable water improvements, including phased water main replacement, multi-point tie-ins, trench safety compliance, traffic control coordination, and maintaining uninterrupted service within an active corridor. Experience delivering water infrastructure improvements under Ontario’s standards and specifications further strengthens relevance to the current project.

City of Chino, Russell Avenue Water Line Replacement Project This project included removal of an aging water main and installation of new PVC waterline, gate valves, fire hydrant assemblies, and service laterals along Russell Avenue. Construction involved trench excavation, backfill and compaction, service reconnections, abandonment of existing infrastructure, and full roadway restoration under active traffic conditions.

Relevance to SM2301: The phased replacement of water distribution infrastructure within an active corridor and coordination of service reconnections and traffic control directly align with SM2301’s potable water improvements and corridor-based construction sequencing.

Elsinore Valley Municipal Water District (EVMWD), Highway 74 Waterline Relocation Project This project involved relocation and replacement of potable water transmission mains within a Caltranscontrolled mountain corridor under limited access conditions. Work included trench-based pipeline installation, valve and hydrant placement, multi-point tie-ins, pressure testing, traffic control coordination, and environmental compliance monitoring. Construction required coordination with Caltrans, District staff, inspectors, and utility providers to ensure safe sequencing, trench safety compliance, and uninterrupted water service during relocation activities.

Relevance to SM2301: The project demonstrates Z&K’s experience managing waterline relocation in constrained corridors under agency oversight, comparable to SM2301’s coordination requirements and schedule-sensitive utility installation.

City of Lomita, Narbonne South Water Main Replacement Project This project replaced aging water distribution infrastructure within an active urban corridor with significant traffic and utility constraints. Improvements included trench excavation, installation of new water mains and appurtenances, service reconnections, valve replacements, surface restoration, and coordination with multiple utilities and City inspection staff. Construction was performed under structured traffic control plans and required disciplined schedule oversight to maintain service continuity.

Relevance to SM2301: The combination of water main replacement, traffic control coordination, and integration with roadway restoration directly aligns with SM2301’s waterline improvements within a constrained right-of-way.

City of Torrance, Van Ness Water Wells Transmission Main Project This project included installation of large-diameter potable water transmission mains connecting multiple groundwater wells to the City’s distribution system. Work involved trench excavation, utility crossings, pressure testing, chlorination and disinfection, valve installations, and full roadway restoration within active traffic corridors.

Construction required coordination with City departments and utility owners, structured documentation control, and integration of testing and inspection activities into the project schedule.

Relevance to SM2301: The installation of transmission mains within active corridors and coordination of testing and tie-ins parallels SM2301’s potable water improvements and schedule-sensitive construction requirements. 2054
City of Ontario for CM, Geotechnical and Material Testing Services, and Public Outreach and Coordination Services for the Fourth Street Storm Drain, Watermain, and Street Improvements Project (SM2301)

STREET EXPERIENCE
City of Carson, Citywide Pavement Rehabilitation & Slurry Seal Program Z&K provided comprehensive Construction Management and
Inspection Services for the City of Carson’s multi-year Citywide Pavement Rehabilitation and Slurry Seal Program. The $10 million program included cold milling and asphalt rubber hot mix (ARHM) overlay, full-depth base repairs, slurry seal application, and localized pavement reconstruction across residential and arterial corridors. Improvements also included ADA-compliant curb ramps, sidewalk and driveway reconstruction, adjustment of manholes and utility covers to new grades, replacement of traffic detector loops, and installation of striping and pavement markings.

Relevance to SM2301: The integration of ARHM overlay, ADA upgrades, utility adjustments, and corridor-based pavement rehabilitation directly aligns with SM2301’s street improvement component following storm drain and waterline installation.

City of Downey, Woodruff Avenue Pavement Rehabilitation Project This corridor-level pavement rehabilitation project included cold milling, full-depth asphalt concrete base repairs, installation of ARHM overlay, and extensive ADA-compliant curb ramp upgrades along a major arterial roadway.

The scope included removal and replacement of curbs, gutters, sidewalks, and driveway approaches, adjustment of utility structures to final grade, traffic signal detector loop installation, thermoplastic striping, and fiber optic conduit placement for ITS infrastructure. Z&K provided construction management oversight, schedule monitoring, contractor coordination, pay application review, and quality control documentation.

City of Jurupa Valley, Market Street Pavement Rehabilitation Project (CIP 19108) The Market Street Pavement Rehabilitation Project improved a major arterial corridor through cold milling, fulldepth asphalt concrete base repairs, and installation of new asphalt concrete overlay. Additional work included ADA curb ramp replacement, sidewalk reconstruction, cross-gutter improvements, adjustment of manhole and utility covers, installation of traffic signal detector loops, and restriping with new pavement markings. Construction required coordination within an active right-of-way and compliance with City and Caltrans accessibility standards.

Demonstrated Performance – On Time & Within Budget
Across the referenced projects, Z&K has consistently delivered construction management services that maintain schedule discipline and cost control. Through structured CPM oversight, milestone enforcement, proactive utility coordination, and early regulatory compliance integration, Z&K has supported completion of multi-million-dollar storm drain, waterline, and corridor rehabilitation projects within established contract durations and approved budgets. Change order exposure has been minimized through comprehensive constructability review, disciplined entitlement evaluation, and clear documentation of scope modifications. This performance record demonstrates Z&K’s ability to manage complex, schedule-sensitive infrastructure programs comparable to SM2301 while protecting municipal funding and contractual objectives.

Assumptions
For purposes of this proposal, Z&K assumes:
ü Construction duration remains consistent with the City’s published 280 working-day schedule. ü The City will serve as the Legally Responsible Party (LRP) under the Construction General Permit. ü Utility agency review timelines will align with standard response durations. ü Contractor submittals and testing coordination will follow timelines established in the Contract Documents. ü No unforeseen subsurface conditions materially alter the baseline scope.

Should these assumptions materially change, Z&K will coordinate with the City to adjust staffing and schedule integration accordingly.
21 55
Appendix A. Converse
Consultants Rates
Photo: City of Ontario, Fourth Street Project Drone Photo 56 Converse Consultants GLT2025

CONVERSE CONSULTANTS
Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. This fee schedule is valid through December 31, 2025.

IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488...................................15.00 Engineering Classification, ASTM D2487 .........................20.00 Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937.............................................20.00 Moisture Content, ASTM D2216 ..................................15.00 Shrinkage Limit, ASTM D4943..........................................85.00 Atterberg Limits, ASTM D4318
Several points ............................................................ 150.00 One Point.....................................................................50.00 Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4.....................................100.00 Coarse and Fine Sieve, from #200 to 3 in..................180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140...................... 80.00 Specific Gravity
Fine, passing #4 sieve, ASTM D854............................90.00 Coarse, retained on #4 sieve, ASTM C127..................90.00 Sand Equivalent Test, ASTM D2419...............................110.00 Double Hydrometer Dispersion, ASTM D4221................150.00

COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B............................................................200.00 Method C, 6” mold......................................................200.00 California Impact Method, Caltrans 216..........................200.00 R-value, ASTM D2844 and CTM301...............................250.00 California Bearing Ratio (CBR), ASTM D1883
1 Point........................................................................530.00 3 Points ......................................................................750.00 Relative Density

0.1 Cubic Foot Mold...................................................200.00

0.5 Cubic Foot Mold...................................................300.00

SHEAR STRENGTH
Torvane/Pocket Penetrometer ..........................................25.00 Direct Shear
Quick Test....................................................................75.00 Consolidated, Drained, granular soil,
ASTM D3080 ........................................................200.00 Consolidated, Drained, fine grained soil,
ASTM D3080 ........................................................250.00 Consolidated, Undrained, fine grained soil.................200.00 Residual Strength, per cycle ........................................60.00 Remolded Specimens ..................................................60.00

STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 ........................150.00 Unconsolidated, Undrained, ASTM D2850 .....................160.00 Consolidated, Undrained, per point ................................700.00 Consolidated, Drained, per point ....................................700.00 With Pore Pressure Measurement, per load...................150.00 Remolded Specimen......................................................... 90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments .......................................................... 220.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment......................................... 90.00 Single Point, collapse test................................................. 90.00 Single Load Swell, ASTM D4546
Ring Sample, Field Moisture......................................... 90.00 Ring Sample, Air Dried ................................................. 90.00 Remolded Sample.............................................................. 60.00 Expansion Index Test, UBC 29-2/ASTM D4829................130.00

HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM D2434...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100........................................350.00 Remolded Specimen.......................................................... 60.00

CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides)..................220.00 Organic Content, ASTM D2974.......................................... 80.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request.

Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.

Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.

Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.

Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.

Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
57 Converse Consultants MTS2025

CONVERSE CONSULTANTS
Schedule of Fees – Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2025.

AGGREGATES
Moisture Content, ASTM D2216 .............................................. 15.00 Particle Size Analysis
Coarse, ASTM C136, each............................................... 100.00 Coarse and Fine, ASTM C136 & C137), each.................. 180.00 Specific Gravity & Absorption
Coarse Aggregate, ASTM C127......................................... 85.00 Fine Aggregate, ASTM C128 ............................................. 85.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each..... 200.00 Potential Alkali Reactivity, ASTM D289 ............................ 300.00 Freeze Thaw Soundness.................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535....... 220.00 Sand Equivalent, ASTM D2419........................................ 110.00 Lightweight Particles, ASTM C123, each............................ 85.00 Clay Lumps & Friable Particles, ASTM C142, each.......... 120.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40........................................... 75.00 Durability ...................................................................... By Quote

CONCRETE TESTS
Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data.............................. By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each............. 50.00 Lightweight Concrete
Compression ...................................................................... 50.00 Unit Weight......................................................................... 50.00 Specimen Preparation, Trimming or Coring, each ................... 60.00 Bond Strength, ASTM C321
Prepared by Converse...................................................... 150.00 Prepared by Others ............................................................ 80.00 Core Compression Test, ASTM C12, each.............................. 80.00 Flexure Test, 6”x6” Beams, ASTM C78, each........................ 110.00 Modulus of Elasticity, Static, ASTM C469, each .................... 150.00 Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days.................................................................... 320.00 Splitting Tensile, 6”x12” Cylinders, each.................................. 80.00 Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder.................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder.................................................. 95.00 Hold Cylinder........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse............................................................ 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each........................................ 20.00 Absorption, each...................................................................... 50.00 Compression, each.................................................................. 55.00 Shrinkage, ASTM C426, each ............................................... 100.00 Net Area and Volume, each..................................................... 25.00 Masonry Blocks, per set of 9.................................................. 450.00 Masonry Core Compression, each........................................... 55.00 Masonry Core Shear, each...................................................... 55.00 Masonry Core Trimming, each................................................. 55.00 Compression Test, grouted prisms, 8”x8”x16”, each.............. 120.00 Compression Test, grouted prisms, 12”x16”x16”, each.......... 130.00 Compression Test
2”x4” Mortar Cylinder, each ................................................ 40.00 3”x6” Grout Prisms, each.................................................... 40.00 2” Cubes, ASTM C109, each.............................................. 40.00 Cast by Others......................................................................... 40.00 Mortar or Grout Mix Designs.............................................. By Quote

FIREPROOFING TESTS
Oven Dry Density, per sample................................................. 70.00

MOISTURE EMISSION TEST
Moisture Emission Test Kit......................................................70.00

ASPHALTIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 .....................200.00 Marshall ASTM D1559, ASTM D2726...................................200.00 Measured Maximum Specific Gravity of Mix, ASTM D2041,
Rice Method, each ............................................................95.00 Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3...................60.00 Laboratory Mixing of Asphalt & Concrete, per sample.............75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall ......................................................By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each .............210.00 Extraction of Rubberized Asphalt & Gradation, each.............250.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated...........................................................................95.00 Coated.............................................................................105.00 Immersion-Compression .......................................................400.00 Particle Coating, ASTM D2489 ...............................................60.00 Stripping, ASTM D1664 ..........................................................70.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By-Products.....................................................................220.00 Retained Strength, ASTM D1074/D1075, 6 specimens.....By Quote Retained Stability, Mil, Std, 520A, Method 104,
6 specimens ................................................................By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................350.00 Asphalt Temperature...............................................................15.00

STRUCTURAL STEEL
Tensile Test #9 Bar or Smaller, each ......................................60.00 Bend Test #9 Bar or Smaller, each .........................................60.00 Tensile Test #10 Bar or Greater, each ..................................280.00 Tensile Test #14 Bar, each ...................................................310.00 Rebar Coupler Tensile Test ..................................................100.00 Tensile Test, Welded #9 Bar or Smaller, each ......................100.00 Tensile Test, Welded #10 Bar or Greater, each ....................280.00 Tensile Test, Welded #14 Bar, each .....................................310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each ................................................................................180.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................350.00

HIGH STRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each ..................................................65.00 Over 100,000 lbs., each ....................................................75.00 Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each ..................................................70.00 Tensile Test, Anchor Bolts, tested with displacement
transducers, each............................................................300.00 Nut Hardness, Proof & Cone Proof Load Test, each...............50.00 Washer Hardness, each..........................................................40.00 A325 or A490, Bolt Hardness Only, each................................40.00 Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each...............................90.00 Over 100,000 lbs. & Hardness, each...............................100.00 Bolt, Nut & Washer, all tests per set with bolts
Under 100,000 lbs. ..........................................................300.00 Over 100,000 lbs. ............................................................380.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.
58 Converse Consultants PW2025

CONVERSE CONSULTANTS
Prevailing Wage Schedule of Fees
Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2025.

Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.

Field Technical Services (all including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ...............................$150 DSA Masonry Inspector ...........................................................................................................................................................150 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) ..........................................................................................................155 Coring Technician ....................................................................................................................................................................150 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ....................................................................... 150 Sample Pick-Up ......................................................................................................................................................................... 60 Professional Services (consultation for field and office, if requested) Staff Professional ................................................................................................................................................................... $140 Senior Staff Professional.......................................................................................................................................................... 145 Project Professional ................................................................................................................................................................. 155 Project Manager.......................................................................................................................................................................160 Senior Professional .................................................................................................................................................................. 180 Principal Professional...............................................................................................................................................................210 Principal Consultant ................................................................................................................................................................. 225 Laboratory Testing
Laboratory Technician...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor..............................................................................................................................................................$85 Office Support
Clerical/Word Processing......................................................................................................................................................... $80 Drafting.......................................................................................................................................................................................85 CAD Operator/Drafting Manager................................................................................................................................................90 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.

Expenses

1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.

2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.

3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project.

4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent.

Invoices

1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.

2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.

Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.

3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.

General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. 59 Department: Community Improvement
Prepared By: Angel Hamilton
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt 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.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The levy of special assessments will result in the recovery of $40,475.21 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $159,350.00 associated with civil penalties and/or fines for continued violations, for a total of $199,825.21 related to 91 parcels. When received, these reimbursements will be deposited into the General Fund. The Fiscal Year 2025-26 Adopted Budget includes special assessment revenue in the General Fund for these types of levies.

BACKGROUND & ANALYSIS: The City has established administrative citations and fines for property maintenance violations and fees and penalties associated with the Systematic Health and Safety Inspection Program, Abandoned and Distressed Property Program, and the Weed and Refuse Abatement Program. These costs, fines, fees, and penalties are recovered through placement of special tax assessments upon the properties. The placement of special assessments and collection of revenue is done under Ordinance 3046, Property Appearance (Title 5, Chapter 22 of the Ontario Municipal Code); Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings; and Ordinance 2920 for civil penalties for continued violations of the Ontario Municipal Code and fines associated with administrative citations (Title 1, Chapters 2 and 5 of the Ontario Municipal Code). The City and the County of San Bernardino currently have a contractual agreement regarding the implementation of special assessments; however, a Resolution authorizing the placement of the specific assessments is required. During this assessment cycle, the Community Improvement Department has billed property owners for: the abatement of violations; the issuance of fines associated with administrative citation; the issuance of fees and penalties 60 associated with the Systematic Health and Safety Inspection Program; the issuance of registration fees and civil penalties associated with the Abandoned and Distressed Property Program; the issuance of notice and re-inspection fees; and civil penalties for the Weed and Refuse Abatement Program on 223 parcels. Of these, there are remaining amounts due on 91 parcels. Attached are itemized accounts that include: 1) costs associated with inspection or abatement as shown in Exhibit A of the Resolution; 2) civil penalties and/or fines for continued violations as shown in Exhibit B of the Resolution; and 3) total amounts per parcel as shown in Exhibit C of the Resolution.

All affected property owners were given notice of the imposition of special assessments via certified mail as provided in Ontario Municipal Code Section 1-4.05(a) and have either not requested an appeal or have exhausted the appellate procedure in Ontario Municipal Code Section 1-4.05(b). 61 RESOLUTION NO. _______

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.

WHEREAS, Ordinance No. 3046, Property Appearance (Title 5, Chapter 22, of the Ontario Municipal Code) and Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings provide for the abatement of property nuisances by repair, rehabilitation, demolition or removal; and
WHEREAS, under Resolution 94-112, Resolution ORA-499, and the Cooperation and Reimbursement Agreement entered into on the 15th day of November, 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or abate dangerous buildings and properties throughout the City; and WHEREAS, under a first amendment to the Cooperation and Reimbursement Agreement entered into on the 16th day of July 1996, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made an additional advance to the City of One Hundred Thousand Dollars ($100,000) to continue to repair or abate dangerous buildings and properties throughout the City; and WHEREAS, under Resolution 94-113, Resolution ORA-500, and the Cooperation and Reimbursement Agreement entered into on the 15th day of November 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of Thirty Thousand Dollars ($30,000) to repair or abate dangerous buildings and properties in the 6th and Grove area; and WHEREAS, under Resolution 94-12, Resolution ORA-464, and the Cooperation and Reimbursement Agreement entered into on the 22nd day of February 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or demolish dangerous buildings throughout the City; and WHEREAS, Ordinance No. 2894, Systematic Health and Safety Inspection Program (Title 8, Chapter 17, of the Ontario Municipal Code), provides for the collection of unpaid service fees, plus any penalties and accrued interest by Special Assessment; and
WHEREAS, Ordinance No. 2920, provides for the assessment of civil penalties for continued violations of the Ontario Municipal Code (Title 1, Chapter 2 of the Ontario Municipal Code), and for fines associated with administrative citations to be collected by Special Assessment (Title 1, Chapter 5 of the Ontario Municipal Code), and establishes a uniform procedure before imposing such Special Assessments (Title 1, Chapter 4 of the Ontario Municipal Code); and
62 WHEREAS, the above said ordinances, resolutions and agreements provide for recovery of costs incurred in the abatement of violations by means of a Special Assessment placed on the tax rolls; and
WHEREAS, the City has incurred costs involved in the abatement of violations under the Ontario Municipal Code and Uniform Code for the Abatement of Dangerous Buildings, issuing Notices of Violation, and administering the Systematic Health and Safety Program and wishes to recover said costs; and
WHEREAS, the owners of all parcels listed in Exhibit A, B, and C were given notice of imposition of such Special Assessment as provided in Ontario Municipal Code Section 1-4.05(a), and either have not requested an appeal, or have exhausted the appellate procedure provided in Ontario Municipal Code Section 1-4.05(b); and WHEREAS, the City has an executed contract with the San Bernardino County Board of Supervisors for collection of said assessments.

NOW, THEREFORE, BE IT RESOLVED that the City Council:

SECTION 1. Confirmed the costs associated with inspection or abatement on the properties as set forth in the report in Exhibit A; and SECTION 2. Confirmed the civil penalties and/or fines for continued violations on the properties as set forth in the report in Exhibit B; and SECTION 3. Confirmed that Exhibit C contains the total amount assessed for both confirmed costs and confirmed civil penalties and/or fines for each of the properties; and
SECTION 4. Found and determined that the report, and Exhibits contained therein are true and accurate; and
SECTION 5. Adopts the above said report and finds that the costs of inspection or abatement on the properties listed are the costs set forth in Exhibit A, the civil penalties and/or fines for continued violations are the penalties and/or fines as set forth in Exhibit B, and the same are hereby charged and placed as special assessments upon the respective properties; and
SECTION 6. Directs Exhibit C shall be sent to the Auditor-Controller of San Bernardino County and shall be collected on the County tax roll.

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

PASSED, APPROVED, AND ADOPTED this 21st day of April 2026. 63 _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
64 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held April 21, 2026, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held April 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
65 City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
0110-213-12 1256 E EL MORADO CT, Ontario, CA 91764 108.00 0110-351-05 1758 E GRANADA CT, Ontario, CA 91764 187.12 0110-375-08 1822 E GRANADA CT, Ontario, CA 91764 108.00 0110-441-05 1957 E FOURTH ST, Ontario, CA 91764 108.00
0210-182-69 951 N HAVEN AV, Building:1, Unit:E, Ontario, CA 91764 108.00 0210-192-26 2995 E GUASTI RD, Ontario, CA 91761 108.00
0211-321-28 0 N COMMON AREA, Ontario, CA 91761 172.00
0218-131-37 13610 S ARCHIBALD AV, Ontario, CA 91761 108.00 0238-081-95 450 S WINEVILLE AV, Ontario, CA 91761 108.00 0238-121-37 4890 E MOTOR LN, Ontario, CA 91761 40.00
0238-152-09 0 E PHILADELPHIA ST, Ontario, CA 91761 108.00 1008-272-05 1520 N MOUNTAIN AV, Building:F, Unit:126, Ontario, CA 91762 847.90 1010-141-03 910 N MOUNTAIN AV, Ontario, CA 91762 108.00 1010-191-45 1048 W H ST, Ontario, CA 91762 172.00
1010-543-32 1364 W HOLT BL, Ontario, CA 91762 108.00
1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 108.00 1011-221-15 1530 W MISSION BL, Building:1, Ontario, CA 91762 4,319.65 1011-382-09 803 S MOUNTAIN AV, Ontario, CA 91762 1,686.62 1011-415-36 905 S MOUNTAIN AV, Ontario, CA 91762 108.00 1011-421-38 1022 S MAGNOLIA AV, Ontario, CA 91762 3,038.95 1014-152-20 846 W CHESTNUT ST, Ontario, CA 91762 79.12
1047-372-12 634 E BONNIE BRAE CT, Ontario, CA 91764 357.00 1047-521-45 634 E FIFTH ST, Ontario, CA 91764 108.00
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 172.00
1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 2,192.52 1048-123-17 1023 E I ST, Ontario, CA 91764 108.00
1048-131-27 1027 N CUCAMONGA AV, Ontario, CA 91764 108.00 1048-181-09 952 E GRANADA CT, Ontario, CA 91764 108.00
1048-391-09 527 E E ST, Unit:A, Ontario, CA 91764 79.12 1048-411-16 760 E G ST, Ontario, CA 91764 108.00
1049-111-01 316 S BON VIEW AV, Building:2, Ontario, CA 91761 7,397.00 1049-111-05 725 E STATE ST, Building:1, Ontario, CA 91761 7,613.00 1049-111-06 235 S CAMPUS AV, Unit:A, Ontario, CA 91761 3,029.00 1049-366-09 901 S CALDWELL AV, Ontario, CA 91761 1,265.00 1049-503-04 620 E RALSTON ST, Ontario, CA 91761 79.12
1049-503-13 1104 S CAMPUS AV, Ontario, CA 91761 187.12
1049-514-02 308 E RALSTON ST, Ontario, CA 91761 63.93
1049-522-01 304 E BELMONT ST, Ontario, CA 91761 79.12
1050-211-11 1633 S CAMPUS AV, Ontario, CA 91761 108.00
1050-242-03 1749 S PLEASANT AV, Ontario, CA 91761 77.38 1050-251-27 317 E FRANCIS ST, Ontario, CA 91761 357.00

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1050-281-27 119 W MAPLE ST, Ontario, CA 91762 108.00
1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 1,931.50 1051-171-42 2410 S GROVE AV, Building:1, Ontario, CA 91761 981.00 1051-171-44 2460 S GROVE AV, Building:1, Ontario, CA 91761 1,911.04 1051-511-06 340 W ST. ANDREWS ST, Ontario, CA 91762 108.00 40,475.21

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
0108-442-15 1439 N EL DORADO AV, Ontario, CA 91764 170.00 0110-061-31 1253 E HOLT BL, Ontario, CA 91761 340.00
0110-352-04 1720 E PLAZA SERENA ST, Ontario, CA 91764 170.00 0110-374-12 864 N SAN DIEGO AV, Ontario, CA 91764 420.00 0110-375-08 1822 E GRANADA CT, Ontario, CA 91764 220.00 0110-422-23 1403 E FRESNO ST, Ontario, CA 91764 220.00
0113-286-09 2310 S VINEYARD AV, Building:1, Ontario, CA 91761 3,340.00 0113-286-10 2312 S VINEYARD AV, Building:1, Ontario, CA 91761 46,720.00 0210-211-36 3998 E INLAND EMPIRE BL, Building:1, Unit:400, Ontario, CA 91764 15,000.00 0210-211-43 735 N MILLIKEN AV, Unit:D, Ontario, CA 91764 15,000.00 0211-275-39 3355 E CEDAR ST, Ontario, CA 91761 120.00
0211-321-28 0 N COMMON AREA, Ontario, CA 91761 500.00
0211-361-11 1550 S MILLIKEN AV, Building:2, Unit:A, Ontario, CA 91761 10,400.00 0216-361-20 2419 S PARCO AV, Ontario, CA 91761 120.00
0216-361-77 2424 S LAKE AV, Ontario, CA 91761 70.00
0216-401-62 2550 VINEYARD AV S, Unit:A, Ontario, CA 91761 340.00 0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 13,280.00 0218-771-21 3708 S OLD ARCHIBALD RANCH RD, Ontario, CA 91761 490.00 0218-982-07 4500 S FORSYTH PASEO, Building:, Unit:, Ontario, CA 91762 2,240.00 0238-014-49 4323 E MILLS CI, Building:1, Unit:103, Ontario, CA 91764 120.00 0238-081-95 450 S WINEVILLE AV, Ontario, CA 91761 120.00 1008-261-49 980 W SIXTH ST, Ontario, CA 91762 7,500.00
1010-191-45 1048 W H ST, Ontario, CA 91762 500.00
1010-423-27 1453 W E ST, Ontario, CA 91762 640.00
1010-552-05 1426 W HOLT BL, Building:1, Unit:A, Ontario, CA 91762 120.00 1011-161-05 835 W STATE ST, Ontario, CA 91762 20.00
1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 240.00 1047-333-01 1339 N PALM AV, Ontario, CA 91762 20.00
1047-462-18 1125 N GROVE AV, Building:1, Ontario, CA 91764 12,240.00 1047-521-45 634 E FIFTH ST, Ontario, CA 91764 220.00
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 500.00
1047-543-31 315 E FOURTH ST, Ontario, CA 91764 420.00
1048-131-15 1024 E FOURTH ST, Ontario, CA 91764 120.00
1048-131-21 1046 E FOURTH ST, Ontario, CA 91764 120.00
1048-181-09 952 E GRANADA CT, Ontario, CA 91764 340.00
1048-383-15 617 N CAMPUS AV, Ontario, CA 91764 420.00
1048-383-16 611 N CAMPUS AV, Ontario, CA 91764 760.00
1048-401-13 703 E E ST, Ontario, CA 91764 120.00
1048-564-10 108 W HOLT BL, Building:1, Ontario, CA 91762 760.00 1048-565-11 112 W B ST, Ontario, CA 91762 220.00
1049-111-01 316 S BON VIEW AV, Building:2, Ontario, CA 91761 500.00

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
1049-111-05 725 E STATE ST, Building:1, Ontario, CA 91761 500.00 1049-111-06 235 S CAMPUS AV, Unit:A, Ontario, CA 91761 500.00 1049-232-33 617 E SUNKIST ST, Ontario, CA 91761 220.00
1049-245-06 404 S CHERRY AV, Building:1, Ontario, CA 91761 220.00 1049-371-07 904 E CALIFORNIA ST, Ontario, CA 91761 20.00 1050-071-51 117 E DE ANZA CI, Ontario, CA 91761 4,760.00 1050-101-02 669 E ELM ST, Ontario, CA 91761 120.00
1050-211-11 1633 S CAMPUS AV, Ontario, CA 91761 120.00
1050-251-27 317 E FRANCIS ST, Ontario, CA 91761 420.00
1050-401-19 410 E FRANCIS ST, Ontario, CA 91761 120.00
1050-401-28 301 E GREVILLEA ST, Ontario, CA 91761 760.00 1051-171-42 2404 S GROVE AV, Building:1, Ontario, CA 91761 340.00 1051-311-68 2538 S HOLMES PL, Ontario, CA 91761 170.00
1053-171-03 13908 S GROVE AV, Ontario, CA 91761 120.00
1073-371-70 4950 S STEED PL, Building:, Unit:, Ontario, CA 91762 15,000.00 1083-051-15 2602 E DUNES ST, Ontario, CA 91761 340.00
1083-061-08 2920 S ARCHIBALD AV, Unit:A, Ontario, CA 91761 120.00 1083-301-02 2910 S LAUREL TREE DR, Ontario, CA 91761 320.00 159,350.00

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-442-15 1439 N EL DORADO AV, Ontario, CA 91764 170.00 0110-061-31 1253 E HOLT BL, Ontario, CA 91761 340.00
0110-213-12 1256 E EL MORADO CT, Ontario, CA 91764 108.00 0110-351-05 1758 E GRANADA CT, Ontario, CA 91764 187.12 0110-352-04 1720 E PLAZA SERENA ST, Ontario, CA 91764 170.00 0110-374-12 864 N SAN DIEGO AV, Ontario, CA 91764 420.00 0110-375-08 1822 E GRANADA CT, Ontario, CA 91764 328.00 0110-422-23 1403 E FRESNO ST, Ontario, CA 91764 220.00
0110-441-05 1957 E FOURTH ST, Ontario, CA 91764 108.00
0113-286-09 2310 S VINEYARD AV, Building:1, Ontario, CA 91761 3,340.00 0113-286-10 2312 S VINEYARD AV, Building:1, Ontario, CA 91761 46,720.00 0210-182-69 951 N HAVEN AV, Building:1, Unit:E, Ontario, CA 91764 108.00 0210-192-26 2995 E GUASTI RD, Ontario, CA 91761 108.00
0210-211-36 3998 E INLAND EMPIRE BL, Building:1, Unit:400, Ontario, CA 91764 15,000.00 0210-211-43 735 N MILLIKEN AV, Unit:D, Ontario, CA 91764 15,000.00 0211-275-39 3355 E CEDAR ST, Ontario, CA 91761 120.00
0211-321-28 0 N COMMON AREA, Ontario, CA 91761 672.00
0211-361-11 1550 S MILLIKEN AV, Building:2, Unit:A, Ontario, CA 91761 10,400.00 0216-361-20 2419 S PARCO AV, Ontario, CA 91761 120.00
0216-361-77 2424 S LAKE AV, Ontario, CA 91761 70.00
0216-401-62 2550 VINEYARD AV S, Unit:A, Ontario, CA 91761 340.00 0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 13,280.00 0218-131-37 13610 S ARCHIBALD AV, Ontario, CA 91761 108.00 0218-771-21 3708 S OLD ARCHIBALD RANCH RD, Ontario, CA 91761 490.00 0218-982-07 4500 S FORSYTH PASEO, Building:, Unit:, Ontario, CA 91762 2,240.00 0238-014-49 4323 E MILLS CI, Building:1, Unit:103, Ontario, CA 91764 120.00 0238-081-95 450 S WINEVILLE AV, Ontario, CA 91761 228.00 0238-121-37 4890 E MOTOR LN, Ontario, CA 91761 40.00
0238-152-09 0 E PHILADELPHIA ST, Ontario, CA 91761 108.00 1008-261-49 980 W SIXTH ST, Ontario, CA 91762 7,500.00
1008-272-05 1520 N MOUNTAIN AV, Building:F, Unit:126, Ontario, CA 91762 847.90 1010-141-03 910 N MOUNTAIN AV, Ontario, CA 91762 108.00 1010-191-45 1048 W H ST, Ontario, CA 91762 672.00
1010-423-27 1453 W E ST, Ontario, CA 91762 640.00
1010-543-32 1364 W HOLT BL, Ontario, CA 91762 108.00
1010-552-05 1426 W HOLT BL, Building:1, Unit:A, Ontario, CA 91762 120.00 1011-161-05 835 W STATE ST, Ontario, CA 91762 20.00
1011-181-11 1118 W MISSION BL, Building:1, Unit:A, Ontario, CA 91762 348.00 1011-221-15 1530 W MISSION BL, Building:1, Ontario, CA 91762 4,319.65 1011-382-09 803 S MOUNTAIN AV, Ontario, CA 91762 1,686.62 1011-415-36 905 S MOUNTAIN AV, Ontario, CA 91762 108.00

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1011-421-38 1022 S MAGNOLIA AV, Ontario, CA 91762 3,038.95 1014-152-20 846 W CHESTNUT ST, Ontario, CA 91762 79.12
1047-333-01 1339 N PALM AV, Ontario, CA 91762 20.00
1047-372-12 634 E BONNIE BRAE CT, Ontario, CA 91764 357.00 1047-462-18 1125 N GROVE AV, Building:1, Ontario, CA 91764 12,240.00 1047-521-45 634 E FIFTH ST, Ontario, CA 91764 328.00
1047-542-02 1106 N EUCLID AV, Ontario, CA 91764 672.00
1047-543-31 315 E FOURTH ST, Ontario, CA 91764 420.00
1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 2,192.52 1048-123-17 1023 E I ST, Ontario, CA 91764 108.00
1048-131-15 1024 E FOURTH ST, Ontario, CA 91764 120.00
1048-131-21 1046 E FOURTH ST, Ontario, CA 91764 120.00
1048-131-27 1027 N CUCAMONGA AV, Ontario, CA 91764 108.00 1048-181-09 952 E GRANADA CT, Ontario, CA 91764 448.00
1048-383-15 617 N CAMPUS AV, Ontario, CA 91764 420.00
1048-383-16 611 N CAMPUS AV, Ontario, CA 91764 760.00
1048-391-09 527 E E ST, Unit:A, Ontario, CA 91764 79.12 1048-401-13 703 E E ST, Ontario, CA 91764 120.00
1048-411-16 760 E G ST, Ontario, CA 91764 108.00
1048-564-10 108 W HOLT BL, Building:1, Ontario, CA 91762 760.00 1048-565-11 112 W B ST, Ontario, CA 91762 220.00
1049-111-01 316 S BON VIEW AV, Building:2, Ontario, CA 91761 7,897.00 1049-111-05 725 E STATE ST, Building:1, Ontario, CA 91761 8,113.00 1049-111-06 235 S CAMPUS AV, Unit:A, Ontario, CA 91761 3,529.00 1049-232-33 617 E SUNKIST ST, Ontario, CA 91761 220.00
1049-245-06 404 S CHERRY AV, Building:1, Ontario, CA 91761 220.00 1049-366-09 901 S CALDWELL AV, Ontario, CA 91761 1,265.00 1049-371-07 904 E CALIFORNIA ST, Ontario, CA 91761 20.00 1049-503-04 620 E RALSTON ST, Ontario, CA 91761 79.12
1049-503-13 1104 S CAMPUS AV, Ontario, CA 91761 187.12
1049-514-02 308 E RALSTON ST, Ontario, CA 91761 63.93
1049-522-01 304 E BELMONT ST, Ontario, CA 91761 79.12
1050-071-51 117 E DE ANZA CI, Ontario, CA 91761 4,760.00 1050-101-02 669 E ELM ST, Ontario, CA 91761 120.00
1050-211-11 1633 S CAMPUS AV, Ontario, CA 91761 228.00
1050-242-03 1749 S PLEASANT AV, Ontario, CA 91761 77.38 1050-251-27 317 E FRANCIS ST, Ontario, CA 91761 777.00
1050-281-27 119 W MAPLE ST, Ontario, CA 91762 108.00
1050-401-19 410 E FRANCIS ST, Ontario, CA 91761 120.00
1050-401-28 301 E GREVILLEA ST, Ontario, CA 91761 760.00 1050-624-15 2115 S SAN ANTONIO AV, Ontario, CA 91762 1,931.50

City of Ontario
Community Improvement Department
2026/2027 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1051-171-42 2404 S GROVE AV, Building:1, Ontario, CA 91761 1,321.00 1051-171-44 2460 S GROVE AV, Building:1, Ontario, CA 91761 1,911.04 1051-311-68 2538 S HOLMES PL, Ontario, CA 91761 170.00
1051-511-06 340 W ST. ANDREWS ST, Ontario, CA 91762 108.00 1053-171-03 13908 S GROVE AV, Ontario, CA 91761 120.00
1073-371-70 4950 S STEED PL, Building:, Unit:, Ontario, CA 91762 15,000.00 1083-051-15 2602 E DUNES ST, Ontario, CA 91761 340.00
1083-061-08 2920 S ARCHIBALD AV, Unit:A, Ontario, CA 91761 120.00 1083-301-02 2910 S LAUREL TREE DR, Ontario, CA 91761 320.00 91 199,825.21

Department: Housing
Prepared By: Ana K Martin
Department:

Prepared By: Ana K Martin
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Reviewed By: Lacey A Rightmer, Kelly
Zackmann, Albert Ramirez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: A SETTLEMENT AGREEMENT WITH ASSOCIATED PHARMACIES, INC., J M SMITH CORPORATION, MORRIS AND DICKSON CO., LLC, LOUISIANA WHOLESALE DRUG COMPANY, INC., NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, INC., AND UNITED NATURAL FOODS, INC.

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to opt into a Settlement Agreement with opioid distributors, and execute documents necessary to implement the action.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: The City of Ontario is expected to receive a one-time payment of approximately $19,166.76 in additional funding if it opts into the Settlement Agreement as recommended. If approved, additional revenue and related appropriations will be included at a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS: Many states and cities across the United States have filed lawsuits against major pharmaceutical distributors of opioid painkillers (Amerisource Bergen, Cardinal Health, and McKesson), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson). Together, these cases have resulted in two settlements totaling approximately $26 billion.

In 2024, an additional $1.2 billion settlement was reached with another painkiller manufacturer (Kroger Co.). Late last year, an agreement for $720 million settlement was reached with an additional eight opioid manufacturers: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus ("the Secondary Manufacturers' Settlements") for opioid distribution claims. The City of Ontario has opted into every opioid settlement and has been receiving payments since November 2022.
73 A tentative settlement of $97,625,000 was reached with six opioid manufacturers, collectively referred to as the "Six Remnant Defendants": Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation, Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co., LLC; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics). The settlement amount will depend on the number of entities or municipalities that participate in the settlement.

The City must use these opioid settlement funds for opioid prevention and treatment efforts, consistent with prior settlements. Funds may support treatment and recover services to help connect people to care and address the needs of people involved in the criminal justice system, pregnant or parenting women and their families, and infants affected by opioid exposure.

Additionally, the funds can be used to prevent overprescribing, reduce misuse, and lower overdose deaths, as well as support program planning, coordination, training, and research.

Currently, the City is utilizing opioid settlement funds to support the Community Outreach Support Team (C.O.A.S.T.) with providing education and support to prevent opioid-related overdoses.

Additionally, funding supports the Ontario Fire Department's Ontario Opioid Safe Community Program, which works to reduce fentanyl and opioid-related deaths and injuries through education, prevention, and access to life-saving resources.

The Six Remnant Defendants' Settlement Agreement uses a National Plan of Allocation, which does not require the City to use or commit funds within a specific timeframe. It also does not require the City to complete annual reports to the California Department of Healthcare Services (DHCS) regarding fund use or compliance with allocation requirements.

To participate in this settlement, the City must opt in by May 4, 2026. In doing so, the City releases its claims against the Six Remnant Defendants. If the City Council takes no action, it will automatically opt out of the settlement. In that case, Ontario's share of the funds will be reallocated among other entities or municipalities that sign onto the settlement.

Staff recommends that the City Council opt into the combined settlement and elect to receive payment.
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Department: Public Works
Prepared By: Tim Masot
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: A CHANGE ORDER WITH 3M CONSTRUCTION CORPORATION FOR THE LATIMER

FIELD CONCESSION AND RESTROOM RENOVATION PROJECT AT JOHN GALVIN PARK

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

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

A. Authorize the City Manager, or his designee, to execute Change Order No. 2 to the Construction Contract with 3M Construction Corporation, of Anaheim, California, for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park, in the amount of $142,768, which includes $48,378 in additional funds and $94,390 from previously approved contingency, for a total not-to-exceed contract amount of $1,086,667; and B. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but not limited to, agreements, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The recommended Change Order No. 2 to the Construction Contract with 3M Construction Corporation, of Anaheim, California, is in the amount of $142,768, which includes $48,378 in additional funding required and $94,390 from previously approved contingency funds, for a total not-to-exceed contract amount of $1,086,667. If approved, additional appropriations in the Capital Projects – Measure Q Fund will be included in future quarterly budget updates to the City Council for the Latimer Field Concession and Restroom Renovation Project at John Galvin Park.

BACKGROUND & ANALYSIS: 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, in a total not-to-exceed contract amount of $943,899, plus a 10% contingency amount of $94,390.
250
During construction, unforeseen items were identified that were not anticipated in the original bid documents and require immediate attention. These items include upgrading the potable water line size, upgrading the switchgear, and completing additional electrical improvements. Staff recommends approval of Change Order No. 2 to ensure the project continues to progress efficiently and is completed in a timely manner.
251
BB&K (2024) 1 CONSTRUCTION CHANGE ORDER
46700.00100\40935197.1
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

CHANGE ORDER
Project: Latimer Field Concession and Restroom
Renovation
Contract Date: August 1, 2025
Change Order Number: 2
Change Order Date:

To: 3M Construction Corporation
ATTN: Yessica Barron
741 E Sycamore
Anaheim, CA 92805
THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK.

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

The Contract is changed as follows:
• Install Sub Panel with 42 Breakers inside the Concession Building • Install Five Polls on the top of the Concession Building with Conduit for Police Department to install own Cameras
• Install Water Pipe from concession building to Water meter out to side of I Street • Sand Blasting for the concession building
• 30 ft to connect Edison to Concession Building
• Digging Water Pipe to replace the existing pipe to 2" pipe from the Concession building to main water box next to I street
• Installation of temporary 400a electrical pole and distribution box Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER
252
BB&K (2024) 2 CONSTRUCTION CHANGE ORDER
46700.00100\40935197.1
In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $_____________________
Net change by previously authorized Change Orders $_____________________ The Contract Price prior to this Change Order was $_____________________ The Contract Price will be changed by this Change Order in the amount of $_____________________ The new Contract Price including this Change Order will be $_____________________ In consideration of the change(s) describe above, the Contract Time is adjusted as follows:
unchanged by _______ Days
_______ Days
_______ Days
The Contract Time will be: increased X decreased
The Contract Time prior to this Change Order was
The new Contract Time including this Change Order will be Attachments: N/A
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustment thereto due to Contractor, including direct, indirect, consequential, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order. By signing this Change Order, Contractor agrees to accept the amount of the adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.

Accepted:
(Signature) Yessica Barron, Owner Date
Approved:
(Signature) Tito Haes, Executive Director Public Works Date Approved:
(Signature) Scott Ochoa, City Manager Date
943,899
943,899
273
0 60
333
1,086,666.58
142,767.58
253
254
255
256

NATIONAL
W1
l1'.fllif (l?ll11l,'.Ci1l1'lt 1f1
,,
:.\•� I
/:ift/:.�):!
( �.., �'
i
I - f
FONTANA OFFICE lawa.e,J
(909) 574-1400 800-352-5675 • rentnational.com

QUOTE FOR SERVICES
•
Company:

Requested By:

E-mail:

Other Phone:
•

CITY OF ONTARIO
MIKE KNEPPER Phone: 909-772-9498
[email protected]
Billing Address: 303 EAST B STREET
ONTARIO, CA 91761
EA 400 AMP OVERHEAD METER POLE (INSTALL & REMOVAL)
EA 400 AMP OVERHEAD METER POLE
EA 200 AMP DISCONNECT POLE (INSTALL & REMOVAL)
EA 200 AMP DISCONNECT POLE

EA PERMIT FEE FROM UTILITY COMPANY (POWER)
Power Notes: $1,000 IS TO SCHEDULE EDISON NOT TO PULL PERMIT Job Name:

Address:

Cross Street
Site Contact:

Site E-mail:

Customer Ref#:
1211 EI ST
ONTARIO, CA 91764
6 Months
6 Months
6 Months
6 Months
6 Months
400 AMP DISCONNECT NOT 200 AMP
Phone:
4,500.00 4,500.00
2,500.00 2,500.00
1,200.00 1,200.00
600.00 600.00
1,000.00 1,000.00
Power Subtotal: 9,800.00
.___Su_b_to_ta_l_,: I __ $;:_9.:...,8_00_.oo __ __,I �I __ Sa_ les_Tax:_�I __ $_271_.2_5 _ ___. Grand Total: I $10,071.25 All prices include a one-time Delivery/Installation and a one-time Pick-Up/Removal.

Bids are based on quantity; if quantity changes, bid changes. Additional fees for hillside installations, hand carry, core drilling and inaccessibility. Deliveries and installs are scheduled Mon. - Fri. 7:00 a.m. - 3:00 p.m. Additional charges apply for weekends and after hours work. COD orders are to be paid in advance or upon delivery prior to installation. Orders with driven post(s} require 3-5 business days to complete underground markings. Remove and relocate charges are billed at the same rate as installation price.

If services are subject to prevailing wage laws. any penalties or wages not induded in this estimate will be paid by the lessee. Certified payroll is available upon request.

Customer's Signature: ____________ _____________ _ Date:

Print Customer Name:___________________________
PO#
-----------
NOTE: Installation CANNOT be confirmed until quote is signed and returned. This bid expires in 14 days.

257
LN Product Qty Avail Lead Time Qty Price Per * Ext Price 01 SQD NF 400A MLO PNLBRD
N1 SURFACE 42KAIC RATED
0 1 $3,411.00 E $3,411.00
02 68" TALL X20" TALL X5.75" DEEP
03 04 35 WORKING DAYS PLUS 1 WEEK SHIP TIME
05 ********************************************************** 06 *********************************
07 ESTIMATED SHIP DAY 4/20
08 09
Merchandise: $3,411.00
Tax: $298.46
Total: $3,709.46
Attn:

Ship To: CITY OF ONTARIO

WILL CALL AT
CED
ONTARIO, CA 91762-0000
9820 HAWTHORNE DR
RANCHO CUCAMONGA CA 91730
Tel: (909)983-2654
Contact Name: BRAD MULLEN
Quote Date:

Updated On:

Customer PO #:

Customer PO Date:

Job Name:
03/17/26
03/17/26
Expires On: 03/31/26
FOB: SHIPPING POINT
Freight: PREPAID
* Per E = Each, C = Hundred, M = Thousand Terms and Conditions 1 OF 1 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.

CED - ONTARIO Quote: Q1073103 Revision #: 000
Customer Quote For: CITY OF ONTARIO
258
259
04/22/2026
YES
NO

QTY OUT QTY IN EQUIPMENT
NUMBER

EQUIPMENT

DESCRIPTION

VOLTS /
PHASE
HOUR
METER
OUT
HOUR
METER
IN

0-8
HOURS

8-16
HOURS

16-24
HOURS
0-
40 HOURS

40-80
HOURS

80-160
HOURS

0-160
HOURS

160-240
HOURS

240-320
HOURS
TOTAL

CHARGES
1 125kva rate 100kw 120/240v 1P $450.00 $675.00 $900.00 $1,350.00 $2,025.00 $2,700.00 $4,050.00 $6,075.00 $8,100.00 $4,050.00 400 GPG-CB4-018 50' 4/0 $1.00 $2.00 $3.00 $1,200.00
4 PT-40-F Female 4/0 Pigtail $5.00 $10.00 $20.00 $80.00 4 PT-40-M 4/0 male pigtails $5.00 $10.00 $20.00 $80.00
150 PRICE PER
GALLON $10.50 (FUEL PRICE DOES NOT INCLUDE TAX)
 OUT
BY
 IN BY As Used
$780.00
NA
NA
YES $780.00
$649.20
$473.38
$8,092.58
TOTAL
DUE
INVOICE AMOUNT: 

INVOICE DATE

LESS DEPOSIT
SUBJECT EQUIPMENT IS SENT OUT IN GOOD OPERATING CONDITION. $8,092.58 APPOVED BY: PRINT NAME:

DATE APPOVED
INVOICE NUMBER:

HOOK UP

BREAKDOWN

ACCEPTS DECLINES PICK-UP
All damage to tires and tubes caused by blowout, bruises, cuts, road hazards or other causes inherent in the use of the equipment is the responsibility of the customer. The California vehicle code requires a second rear view mirror to be located on the right hand side of the motor vehicle if the trailer or load obstructs the drivers view mirrors. Customer is responsible for theft of equipment. Keep it locked. Customer is responsible for checking water and oil daily. IF THE EQUIPMENT FAILS, DO NOT ATTEMPT TO REPAIR. NOTIFY OUR OFFICE AT 619-579-1221 I warrant to the Lessee shown above and/or have the authority to contract as agent for AGREEMENT AND ACKNOWLEDGEMENT: I, the undersigned, warrant, represent, and agree (1) that I am the Lessee shown above and/or have the authority to contract as agent for Lessee; (2) that the lease of the equipment listed above by Global Power Group, Inc (Lessor) to Leess shall be subject to all of the terms and conditions set forth on the fact and on the reverse PAYMENT TERMS: UNLESS OTHERWISE AGREED IN WRITING, PAYMENT TERMS SHALL BE CASH IN ADVANCE. Credit shall be on approval only. All Charges remaining unpaid as of the close of the month next following the invoice date shall be considered past due and a FINANCE CHARGE on such past due balance shall thereupon accrue at a rate of 1 1/2% per month (18% annum).

Rental period starts & ends at our yard. Lessee shall be charged rental through date of return. IF UNIT FAILS, DO NOT ATTEMPT TO REPAIR. CALL866 54 POWER

DAMAGE WAIVER

REPAIRS/CLEAN UP

SALES TAX

TOTAL CHARGES

RENTAL RATES DAILY WEEKLY MONTHLY

DIESEL FUEL

SUPPLIED GALLONS

OF FUEL
USED:
0 FUEL
COST
e
DAMAGE WAIVER: For an additional 12% of the total rental charge, we agree to waive claims for damage to equipment while in your possession. It does NOT cover theft, mysterious disappearance, service charges, or obvious neglect on you part. Damage waiver is required unless customer has supplied us with a certificate of insurance showing that protection is provided specifically for our equipment. Customer understands that a damage waiver is not insurance.

DELIVERY
FUEL

DELIVERY WORK PHONE JOB SITE
CONTACT: Mike Knepper (909) - 772-9498 RNT26815
P.O. NUMBER SALES PERSON: Anthony Monroig JOB PHONE INVOICE NUMBER LESSEE BILLING ADDRESS SPECIAL INSTRUCTIONS JOB SITE ADDRESS DATE OUT 03/25/2026 City of Ontario-PW
Price is for 1st month (17-28 days) and includes
all labor. each additional month would be
6,532.58. 6 month price (23-24 weeks) would be
.... 40,755.48
DEF/Fuel billed as used.

Ontario Eastern Little League
1211 East I Street, Ontario, CA, 91764 DATE TO BE

RETURNED
260
sidepath0
22892 Mill Creek Drive
Laguna Hills, CA 92653
Phone (949)748-8700; Fax (949)748-8706
www.sidepath.com
Bill To:

City of Ontario
Ship To:

City of Ontario
Quotation
Date: 03/05/26
Quotation #: SIDQ58349
Valid Until: 04/04/26
Prepared By: Elly Arend
Project ID: SIDPROJECT54634
Attn: Nino Dionaldo
303 E.B Street
Ontario, CA 91764
Attn: Nino Dionaldo
303 E.B Street
Ontario, CA 91764
Phone: 909-395-2052 Phone: 909-395-2052
Email: [email protected] Email: [email protected] Qty Item Code Description - Unit Price Ext Price -
Latimer Project PA-440 SWS16839284-V0
1 PAN-PA-440 Palo Alto Networks PA-440
1 PAN-SVC-PREM-440-3VR PA-440, Premium support, 3 years (36 months), term. 1 PAN-PA-440-BND-PRECISIONAI PA-440, Precision Al Network Security Subscription Bundle 3VR (Advanced Threat Prevention, Advanced URL Filtering, Advanced Wildfire, Advanced DNS Security, Advanced
SD-WAN and Device Security ), 3 years (36 months) term
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in:quote. Note: Sidepath will collect sales tax for orders shipped to these states: AZ, CA, GA, HI. MA, NV, NY, NC, TX, VA and WA. For orders shipped outside of these states, it will be the custome�s responsibil�y to report the tax as Sales & Use Tax. $1,111.80 $1,111.80
$944.72 $944.72
$2,521.06 $2,521.06
$4,577.581
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www sidepath com/terms The Purchasing Terms and Condttions are incorporated herein by reference and available in hard copy upon your request.

CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monttors, laptops or tablets.

Payment Terms from Ship Date: Net 30
Please contact me if I can be of further assistance.

If you have any questions regarding this quotation, please contact: Michael Back I (310) 200-2261 I [email protected] THANK YOU FOR YOUR BUSINESS!
This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Latimer Project PA-440 Page 1 of 1
261
Department: Economic Development
Prepared By: Charity Hernandez
Department:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT: A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND 325 SAGO, LLC

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve a Purchase and Sale Agreement ("Agreement") and authorize the City Manager, or his designee, to execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT: If approved the revenue from the land sale proceeds, in the amount of $544,320, will be included in the Economic Development Activities Fund at a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS: The City owns 19,440 SF ("Site") located at 305-325 West D Street in Downtown Ontario. The Site is currently an underutilized surface parking lot.

In December of 2025, the City adopted Resolution 2025-174, in compliance with the Surplus Land Act, declaring the subject property as surplus land. On January 26, 2026, the City received written notification from the California Department of Housing and Community Development determining that the subject property is indeed "exempt surplus land" pursuant to Government Code section 54221, subdivision (f)(1)(b).

The proposed buyer intents to submit a development application for nine townhomes consisting of two-and three-bedroom units. The townhomes will line D Street while sharing common open space throughout the site.

The Agreement provides that the proposed buyer must obtain all requisite project entitlements and environmental review for the proposed project prior to the close of escrow. 262
Redevelopment of this area will offer new opportunities for family-oriented home ownership on an otherwise mostly vacant parking lot, and is part of the City's larger activation vision of delivering an 18-hour day in Downtown. That includes providing new restaurants, office tenants and residential opportunities.
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1 AGREEMENT OF PURCHASE AND SALE
AND

JOINT ESCROW INSTRUCTIONS
To: Fidelity National Title Company
4210 Riverwalk Parkway, Suite
100 Riverside, CA 92505
Escrow No. _____________________
Escrow Officer: Jennifer Riddle
Opening Date:

This Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”) is made and entered into by and between the City of Ontario, a California municipal corporation (“City”), and 325 Sago, LLC, a California limited liability company (“Buyer”). This Agreement is dated as of _________________, 2026, for reference purposes only. City and Buyer may sometimes be referred to individually as “Party” and collectively as “Parties” herein. The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. The Effective Date of this Agreement is set forth in Section 1, below, subject to Sections B and 6.3.3 below.

RECITALS
A. City is the owner in fee of certain real property commonly described as Parcel A, approx. 19,440 sq. ft. site along D Street, from Fern to Palm, portions of APNs 1048-576-01 and 1048-576-02, currently improved with a surface parking lot, as shown on Exhibit A, located in the City of Ontario, County of San Bernardino, State of California, and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (“Property”).

B. On December 2, 2025, the City Council declared the Property “Exempt Surplus Land” under Government Code Section 54221(f)(1)(B) and Section 103(c)(3)(A) of the Surplus Land Act Guidelines, and transmitted the resolution to the California Department of Housing and Community Development ("HCD") for review and approval. On January 27, 2026, HCD provided notice to the City that the Property qualified as Exempt Surplus Land.

C. Buyer desires to purchase from City and City desires to sell to Buyer the Property.

D. City has determined that it does not have a public use for the Property, and desires to dispose of the Property to better maximize its value in furtherance of the City’s land use and policy goals;
E. Subject to the terms and conditions of this Agreement, City shall sell to Buyer and Buyer shall purchase from City the Property.

NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Effective Date. This Agreement shall be effective on the date upon which all of the following are true and documented (“Effective Date”):
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2 (i) This Agreement has been approved and executed by the appropriate authorities of Buyer and this Agreement has been delivered to City; (ii) Following all legally required notices and hearings, this Agreement has been approved by City Council of the City; and
(iii) This Agreement has been executed by the appropriate authorities of City and delivered to Buyer.

If this Agreement has been approved and executed by Buyer and delivered to City as provided in (i) above, but City fails to approve, execute or deliver this Agreement as described in (ii), above, by_________________, 2026 then this Agreement shall not become effective and any prior signatures and approvals by any Party will be deemed void and of no force or effect.

2. Purchase Price.

2.1 Price. The purchase price for the Property (“Purchase Price”) shall be Five Hundred Forty Four Thousand Three Hundred Twenty Dollars and Zero Cents ($544,320.00) which amount equals the fair market value of the Property as determined by an independent third party appraisal of the Property.

2.2 Deposit. No later than five (5) days after the Effective Date, Buyer shall make an initial deposit of Sixteen Thousand Dollars and Zero Cents ($16,000.00) (the “Initial Deposit”) in cash or other immediately available funds with Fidelity National Title Company, located at 4210 Riverwalk Parkway, Suite 100, Riverside, California (the “Escrow Holder”). Within three (3) days following completion of the Feasibility Period (defined in Section 6.2.1), Buyer shall make an additional deposit of Twenty Thousand Dollars and Zero Cents ($20,000.00). The Initial Deposit and the additional deposit together shall equal Thirty-Six Thousand Dollars and Zero Cents ($36,000.00) (collectively, the “Deposit”). For purposes of this Agreement, “other immediately available funds” shall mean a wire transfer of funds or a certified bank or cashier’s check drawn on a reputable bank licensed to do business in the State of California. Upon the failure of Escrow to close by the Closing Date, as defined in Section 5.1, due to default of Buyer, the Deposit shall become nonrefundable to Buyer and Escrow Holder shall, without need for further instruction from either Buyer or City, immediately disburse the Deposit to City as liquidated damages pursuant to the terms of Section 15.1 below.

2.2.1 Interest on Deposit. During the Feasibility Period. Escrow Holder shall hold the Deposit in a federally insured interest-bearing account with any interest accruing thereon to be paid to City; provided, however, that upon the Close of Escrow, as defined in Section 5.0, the Deposit and the interest accrued on the Deposit shall be credited to the Purchase Price.

2.2.2 Closing Funds. Not later than one (1) business day prior to the Close of Escrow, Buyer shall deposit with Escrow Holder cash or other immediately available funds an amount equal to: (i) the balance of the Purchase Price (“Balance”) and (ii) Buyer’s share of any prorations pursuant to Section 7.2.2 below. The Balance, the Deposit and any other credits due City shall constitute a total cash amount to be credited by Escrow Holder to City at the Close of Escrow. Buyer acknowledges that City is not providing any form of financing to Buyer related to the purchase of the Property.
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3 3. Approved Conditions of Title. City shall convey the Property to Buyer by a grant deed (“Grant Deed”). It shall be a condition to the Close of Escrow for Buyer’s benefit that title to the Property is conveyed to Buyer by the Grant Deed subject to the following conditions of title (“Approved Conditions of Title”):

3.1 a lien to secure payment of general and special real property taxes and assessments, not delinquent;

3.2 the lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code due to the transfer of the Property to Buyer;

3.3 all matters apparent from an inspection of the Property and all matters affecting the Approved Condition of Title created by or with the written consent of Buyer;

3.4 all exceptions which are disclosed by the Report as defined in Section 6.3.1.3, which are approved or deemed approved by Buyer as provided therein; and,

3.5 all applicable laws, ordinances, rules and governmental regulations (including, without implied limitation, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property.

4. Escrow. The escrow (“Escrow”) for this Agreement shall be opened (“Opening of Escrow”) upon the delivery to Escrow Holder of: (i) counterparts of this Agreement fully executed by City and Buyer and (ii) the Deposit by Buyer. City and Buyer each agree to deliver its respective signed counterpart of this Agreement, and Buyer further agrees to deliver the Deposit, no later than five (5) days after the Effective Date. This Agreement shall constitute the instructions of City and Buyer with respect to the Escrow and the consummation of the transaction contemplated hereby.

Escrow Holder shall insert the date of receipt of the fully executed Agreement and the Deposit into that certain document entitled “Consent and Acknowledgment of Escrow Holder” attached as Exhibit B hereto, and Escrow Holder shall sign and return to City and Buyer a copy of such Consent and Acknowledgment of Escrow Holder.

5. Close of Escrow. For purposes of this Agreement, “Close of Escrow” means the date upon which: (i) the Escrow Holder verifies both Parties have met and satisfied all conditions, have deposited all documents and funds, including the Purchase Price, and have paid all fees, charges and costs required pursuant to this Agreement and the Escrow instructions contained herein and (ii) the Grant Deed conveying title to the Property by City to Buyer is recorded in the Official Records of the County of San Bernardino, State of California. The Close of Escrow shall occur on or before the Closing Date, as that term is defined in Section 5.1.

5.1 Closing Date. Subject to all of the terms and conditions of this Agreement, including the satisfaction or waiver of all conditions to Closing described in Sections 6.1 and 6.2 below, the Close of Escrow shall occur upon the earlier of: (A) within forty five (45) days following the date on which the Buyer Permits are Ready to Issue (as such term is defined below); or (B) the date that is one (1) year from the Effective Date of this Agreement (“Closing Date”).

Notwithstanding the foregoing, Buyer shall have the right to request to extend the Closing Date for two (2) periods of six (6) months each (each an “Extension”) by delivering written notice to 266
4 Seller and Escrow Holder at least ten (10) business days prior to the then-scheduled Closing Date.

Seller shall have the right to approve or disapprove the request in its sole and absolute discretion, and shall deliver written notice to Buyer and Escrow Holder of its approval or disapproval of such Extension within five (5) business days after the receipt of Seller’s written request, or the request shall be deemed disapproved. Subject to all of the terms and conditions of this Agreement and subject to the times for performance set forth herein, Escrow Holder shall close the Escrow by: (i) filing for record City’s Grant Deed and such other documents as may be necessary to procure the Title Policy, as defined herein, and (ii) delivering funds and documents to the Parties as provided below when and only when each of the following conditions have been satisfied:

5.1.1 Funds and Instruments. All funds and instruments required pursuant to this Agreement have been delivered to Escrow Holder; and

5.1.2 Title Policy. Escrow Holder, acting as title company, can unconditionally agree to provide the Title Policy, with liability in the amount of the Purchase Price, and insuring that title to the Property vests in Buyer subject only to the Approved Conditions of Title.

6. Parties’ Obligations.

6.1 Conditions to Buyer’s Obligations. Buyer’s obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer’s benefit (or Buyer’s waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or before the dates designated below for the satisfaction of such conditions. If Buyer terminates this Agreement pursuant to the terms of this Section 6.1 or Buyer disapproves any of the matters set forth in this Section 6.1, or one or more of the following conditions to Buyer’s obligations to acquire the Property has not been satisfied or waived on or before the Closing Date, Buyer shall have no further right to purchase the Property, and the Escrow shall be terminated.

6.1.1 Contingency Matters. Buyer shall have from the Effective Date until 5:00 p.m. Pacific Standard Time on the day that is sixty (60) calendar days after the Effective Date (“Feasibility Period”) to satisfy itself, at its sole cost and expense, in Buyer’s reasonable discretion, as to the following matters:

6.1.1.1 Buyer’s Review of the Property and Related Matters. Buyer shall be satisfied in its reasonable discretion with all aspects of the Property and its condition and suitability for Buyer’s intended use thereof, including, the zoning for the Property, the physical condition of the Property and the availability of all licenses, variances and the like necessary for Buyer’s intended use of the Property. During the term of this Escrow, Buyer, its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours following not less than seventy-two (72) hours prior notice to City, to make such marketing feasibility studies, inspections, surveys and tests at Buyer’s sole cost and expense as are commercially reasonable and appropriate considering the nature and intended use of the Property such as engineering and soils tests, hazardous waste analysis, geological and/or engineering studies and land use or related studies. Buyer shall use care and consideration in connection with any of its inspections or tests and City shall have the right to be present during any inspection of the Property by Buyer or its agents or to control the performance of such tests or 267
5 studies at City’s election. Buyer shall restore the Property to its condition as it existed immediately prior to Buyer’s undertaking such tests and inspections, unless otherwise approved by the City.

Buyer hereby agrees to indemnify, protect, defend with counsel chosen by City, and hold City and the Property free and harmless from and against any and all costs, losses, liabilities, damages, lawsuits, judgments, actions, proceedings, penalties, demands, attorneys’ fees, mechanic’s liens, or expenses of any kind or nature whatsoever, arising out of or resulting from: (i) any entry or activities upon the Property by Buyer, Buyer’s agents, contractors or subcontractors, or the contractors and subcontractors of such agents (excluding, however, the mere discovery of Hazardous Materials or other adverse physical conditions at the Property), or (ii) from the enforcement of this Agreement of indemnity or the assertion by Buyer of any defense to its obligations hereunder. The indemnity obligations of Buyer set forth in this Subsection 6.1.1.1 shall survive any termination of this Agreement, and shall not merge into the Close of Escrow or the recordation of the Grant Deed in the Official Records of the County of San Bernardino.

6.1.1.2 Review and Approval of Documents and Materials. During the Feasibility Period, City agrees to make available to Buyer for Buyer’s review the documents and materials, if any, respecting the Property (“Documents and Materials”), provided: (i) such Documents and Materials are in City’s possession and control or are reasonably available to City as of the Effective Date, and (ii) City does not represent, warrant or certify the accuracy, adequacy or completeness of the Documents and Materials. The failure of Buyer to disapprove any of the Documents and Materials on or before the expiration of the Feasibility Period shall be deemed to constitute Buyer’s approval of all the soils, environmental reports and engineering data pertaining to the Property and any architectural studies, grading plans, topographical maps and similar data regarding the Property. Buyer shall keep all information contained in the Documents and Material confidential, as provided in Section 6.1.1.3.

If, during the Feasibility Period, Buyer determines, in the exercise of its sole and absolute discretion, that it is dissatisfied with any aspects of the Property and/or its condition or suitability for Buyer’s intended use or with any of the Documents and Materials, then Buyer may terminate this Agreement and the Escrow created pursuant hereto by delivering written notice to City and Escrow Holder on or before the expiration of the Feasibility Period of Buyer’s election to terminate. If, prior to the expiration of the Feasibility Period, Buyer determines, in the exercise of its sole and absolute discretion, that it is satisfied with the Property and the Documents and Materials, Buyer shall deliver written notice (“Approval Notice”) of such approval to City and Escrow Holder. If Buyer fails to deliver such Approval Notice or written notice of Buyer’s election to terminate this Agreement to City and Escrow Holder on or before the expiration of the Feasibility Period, then Buyer shall be deemed to be satisfied with all aspects of the Documents and Materials and with all aspects of the Property, including, without implied limitation, the condition and suitability of the Property for Buyer’s intended use.

6.1.1.3 Documents and Materials. Buyer acknowledges that:

6.1.1.3.1 The Documents and Materials are being furnished to it solely for Buyer’s review in connection with its possible purchase of the Property;

6.1.1.3.2 Buyer is using the Documents and Materials and relying on any information or conclusion contained in the Documents and Materials at its own 268
6 risk, and City shall have no liability for any inaccuracies, omissions, errors or other matters which appear in the Documents and Materials; and

6.1.1.3.3 Buyer will use the Documents and Materials solely in connection with its examination of the Property and for no other purpose whatsoever.

6.1.1.4 Protection of Documents and Materials. In consideration of the delivery of the Documents and Materials, Buyer hereby agrees, on behalf of itself and its successors, assigns, agents, advisors, and employees, as follows:

6.1.1.4.1 The Documents and Materials are and shall remain solely for its use in connection with its potential purchase of the Property. Buyer, its agents, employees, advisors, financial partners, and lenders, shall not release any such items or disclose any such information to any other person or entity without the prior written consent of City.

6.1.1.4.2 Buyer hereby agrees to defend, with counsel chosen by City, indemnify and hold harmless City and its agents and employees from and against all damages, losses, costs, expenses, and liabilities (including all attorneys’ fees and court costs incurred by City) arising out of or resulting from the failure of Buyer or its agents, advisors or employees to perform any of their obligations under this subsection; and

6.1.1.4.3 Should the Parties fail to complete this transaction, Buyer hereby agrees to return the Documents and Materials and all copies thereof to City.

6.1.1.5 Buyer’s Review of Title. Buyer shall have until the last day of the Feasibility Period, to review a standard preliminary report from the Title Company with respect to the Property, together with the underlying documents (collectively, “Report”) to approve title to the Property. On or before the expiration of the Feasibility Period, Buyer shall deliver to City and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Report. The failure of Buyer to give Buyer’s Title Notice on or before the expiration of the Feasibility Period shall constitute Buyer’s approval of the condition of title to the Property. If Buyer disapproves or conditionally approves any matter of title shown in the Report, then City may, but shall have no obligation to, no later than fifteen (15) days after its receipt of Buyer’s Title Notice (“City’s Election Period”), elect to eliminate or ameliorate to Buyer’s satisfaction the disapproved or conditionally approved title matters by giving Buyer written notice (“City’s Title Notice”) of those disapproved or conditionally approved title matters, if any, which City agrees to so eliminate or ameliorate by the Closing Date, provided that City shall have no obligation to pay any consideration or incur any liability in order to eliminate or ameliorate such disapproved title matters. If (i) City does not elect to, or is unable to, eliminate or ameliorate any disapproved or conditionally approved title matters, (ii) Buyer reasonably disapproves City’s Title Notice, or (iii) City fails to timely deliver City’s Title Notice, then Buyer shall have the right, upon delivery to City and Escrow Holder (on or before five (5) days following the expiration of City’s Election Period) of a written notice, to either: (A) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (B) terminate this Agreement and the Escrow created pursuant hereto. Failure to take either one of the actions described in (A) and (B) above shall be deemed to be Buyer’s election to take the action described in (A) above. If Escrow is terminated pursuant to this Subsection 6.1.1.5, then upon Buyer’s 269
7 payment of one-half of Escrow Holder’s fees and satisfaction of its obligations under Sections 6.4 of this Agreement, the Deposit and all interest accrued thereon while the Deposit is in Escrow shall be returned to Buyer by Escrow Holder.

6.1.2 Owner’s Title Policy. The Title Company shall issue or be committed to issue to Buyer the Title Policy pursuant to Section 8 below.

6.1.3 Vacant Property. Any and all leases and other agreements affecting the use or occupancy of the Property shall have been terminated, any and all tenants and any other parties claiming a possessory interest in the Property shall have vacated the Property and all personal property belonging to the tenants and any other debris shall have been removed from the Property.

6.2 Conditions Precedent to City’s Obligations. The Close of Escrow and City’s obligations with respect to the transactions contemplated by this Agreement are subject to satisfaction, not later than the Closing Date of the conditions contained in this Section 6.3. The foregoing conditions are solely for the benefit of City and may be waived by City. City shall at all times have the right to waive any condition. Such waiver or waivers shall be in writing to Buyer.

The waiver by City of any condition shall not relieve Buyer of any liability or obligation with respect to any representation, warranty, covenant or agreement of Buyer.

6.2.1 Buyer’s Representations, Warranties and Covenants. Buyer shall have duly performed each and every agreement to be performed by Buyer hereunder and Buyer’s representations, warranties and covenants set forth in this Agreement shall be true and correct as of the Closing Date.

6.2.2 Environmental and Entitlements.
(a) Buyer intends to seek entitlements for the development of the Property with residential uses (the “Project”). This Agreement is not a restriction or requirement for the actual density, unit count, product mix, site plan, mapping and other elements of the Project.

On and after the expiration of the Feasibility Period, but not later than the Closing Date, Buyer may, at its sole cost and expense, pursue the approval of one or more of a general plan amendment, zone change, tentative subdivision map, a final subdivision map, a site plan with Buyer’s conceptual elevations for the Project, CEQA certifications, and any other land use approvals (collectively, the “Entitlements”) required from the City and/or San Bernardino County, and any other governmental or quasi-governmental authorities and public utilities having jurisdiction over the Property or some portion thereof (collectively, the “Authorities”) for the development of the Project. Buyer acknowledges that the City may adopt a schedule to govern the timing of the Entitlement processing, which shall be incorporated herein by amendment if and when adopted.

As used in this Agreement, “Approval” or “Approved” shall mean: (i) the applicable Authorities have approved the matter at question, and (ii) all administrative and judicial appeals periods within which appeals to such approval may be filed shall have expired without any such appeals having been filed, and all periods for the filing of an application for a referendum or other challenge regarding any such approval shall have expired without the filing of any such application. In order for the foregoing condition to be deemed satisfied, Buyer (in Buyer’s sole and absolute discretion) shall have approved the conditions of approval to such matter, if any. In the event one or more appeals or challenges to the foregoing approval is timely filed, Approval of the governmental 270
8 action shall not occur unless and until such appeal(s) and/or challenge(s) are withdrawn or resolved so that the matter at question shall take effect, subject only to conditions that have been approved by Buyer (in Buyer’s sole and absolute discretion) and are not subject to further appeal.

Notwithstanding anything to the contrary herein, this Agreement is not and shall not be construed as an Approval of Entitlements for the Project, and Buyer agrees and understands that nothing in this Agreement impairs or restricts City’s authority to grant or deny any such Approvals. (b) Not less than ten (10) days prior to the Closing Date, the Buyer shall have received Entitlements for development of the Property with the Project, and Buyer shall have agreed to accept the Entitlements, with any conditions of approval, and any applicable appeal period shall have expired without appeal having been filed or, if an appeal is filed, such appeal shall have been denied, and no legal action shall have been instituted against Buyer or the City alleging the invalidity of such entitlements or environmental review.

6.2.3 Planning Commission Findings. The City’s planning commission finds, pursuant to Government Code Section 65402, that the Project is consistent with the City’s General Plan, and the City has received a determination from the California Department of Housing and Community Development that disposition of the Property is permitted under the provisions of the Surplus Land Act (Government Code Section 54220 et seq.).

6.2.4 Buyer’s Deliveries. Buyer shall have delivered the items described in Section 7 below.

6.2.5 Compliance with California Surplus Land Act. The Property has been declared as “Exempt Surplus Land” under Government Code Section 54221(f)(1)(B) and the City has received a written determination from HCD approving the exempt surplus land findings. This Agreement and City’s obligations to close are expressly contingent upon such approval remaining valid and not subject to legal challenge.

6.2.6 Seller's Final Written Authorization. Seller shall have received and approved, in writing, a final settlement statement from Escrow Holder and, upon Escrow Holder verification that the conditions for Close of Escrow have been satisfied, as required by Section 5, Seller provides written authorization for Close of Escrow.

6.3 Failure of Conditions to Close of Escrow. In the event any of the conditions set forth in Section 6.1 or Section 6.2 are not timely satisfied or waived, for a reason other than the default of Buyer or City under this Agreement:

6.3.1 Buyer may terminate this Agreement by written notice to City for the failure of the conditions set forth in this Section 6.3.1, in which event the rights and obligations of City and Buyer shall terminate.
(a) If any conditions set forth in Section 6.1 are not timely satisfied or waived.
(b) Entitlements. Buyer receives the Entitlements not later than ten (10) days prior to the Closing Date.
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9 (c) Buyer Permits Ready to Issue. Not later than ten (10) days prior to the Closing Date, the City issues a letter to Buyer, or its permitted Assignee, that all conditions required for demolition, grading and building permits for Buyer’s development of the Property for the Project (collectively the “Permits”) have been satisfied, except for the posting of any required bonds and the payment of applicable permit fees (“Buyer’s Permits are Ready to Issue”). (d) No Further Action Letter. To the extent applicable, not later than ten (10) days prior to the Closing Date, City shall have obtained a “no further action” letter or equivalent from the lead Authority with jurisdiction over the environmental condition of the Property confirming that no further environmental remediation is required at the Property or in connection with the Project (including, without limitation, in connection with the oil head that is located on the Property) not later than ten (10) days prior to the Closing Date.

6.3.2 City may terminate this Agreement by written notice to Buyer if any of the conditions set forth in Section 6.2 are not timely satisfied or waived, in which event the rights and obligations of City and Buyer shall terminate, except as otherwise provided herein.

6.3.3 Escrow Holder is hereby instructed to promptly return to City and Buyer all funds and documents deposited by them, respectively, into Escrow which are held by Escrow Holder on the date of said termination (subject, however, to the provisions of Section 2.2 with respect to the disposition of the Deposit) less, in the case of the Party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such Party under Section 6.4 below.

6.4 Cancellation Fees and Expenses. In the event this Escrow terminates because of the nonsatisfaction of any condition for a reason other than the default of Buyer or City under this Agreement, the cancellation charges required to be paid to Escrow Holder and the Title Company shall be borne one-half (½) by City and one-half (½) by Buyer and all other charges shall be borne by the Party incurring same.

7. Deliveries to Escrow Holder.

7.1 By City. City hereby covenants and agrees to deliver or cause to be delivered to Escrow Holder on or prior to the Closing Date the Grant Deed, duly executed and acknowledged in recordable form by City, conveying the Property to Buyer subject only to the Approved Conditions of Title which shall be a condition to the performance by Buyer of its obligations under the terms of this Agreement:

7.2 By Buyer. Buyer hereby covenants and agrees to deliver or cause to be delivered to Escrow Holder on or prior to the Closing Date (or such earlier date as provided below) the following instruments and documents, the delivery of each of which shall be a condition to the Close of Escrow:

7.2.1 Purchase Price. The Purchase Price and any other credits due to City in accordance with Sections 2.1 and 2.2.2.

7.2.2 Prorations. The amount due City, if any, after the prorations are computed in accordance with Section 10.
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10 7.3 Dating of Documents by Escrow Holder. As of the Closing, City and Buyer instruct Escrow Holder to date the Grant Deed as of the date of the Closing (the Grant Deed shall be dated by Escrow Holder prior to recording).

8. Title Insurance. At the Close of Escrow, City shall cause the Title Company to issue to Buyer, a ALTA Title Insurance Policy (“Title Policy”) showing fee title to the Property vested in Buyer subject only to the Approved Conditions of Title. The Title Policy shall be issued with liability in an amount equal to the Purchase Price.

9. Costs and Expenses. City shall pay: (i) the premium for the standard portion of the Title Policy (ALTA Title Insurance Policy); (ii) the cost of any endorsements required to cure title defects that City is obligated to cure under this Agreement; (iii) fifty percent (50%) of all escrow fees and costs; and (iv) all state, federal, and local documentary transfer taxes and fees, if any.

Buyer shall pay: (i) any document recording charges; (ii) fifty percent (50%) of all escrow fees and costs; (iii) the premium for the extended portion of the Title Policy (including the incremental premium for an A.L.T.A. Owner’s Policy if Buyer elects to obtain such policy); (iv) the cost of any endorsements not required to be paid by City, including all non-curative endorsements; (v) the cost of lender’s title insurance, if applicable; and (vi) any survey or other due diligence costs.

Except as expressly set forth herein, Buyer and City shall each bear their own legal and professional fees and the fees of any consultants they engage.

10. Prorations.

10.1 General. Real property taxes and operating expenses, if any, affecting the Property shall be prorated as of 11:59 p.m. Pacific Standard Time on the Close of Escrow. For purposes of calculating prorations, Buyer shall be deemed to be in title to the Property, and therefore responsible for the expenses, for the entire day upon which the Close of Escrow occurs.

10.2 Taxes and Assessments. All nondelinquent real estate taxes (general and special), bonds and assessments on the Property shall be prorated as of the Close of Escrow based on the actual current tax bill, but if such tax bill has not yet been received by City by the Close of Escrow then current year’s taxes shall be deemed to be one hundred two percent (102%) of the amount of the previous year’s tax bill. All delinquent real estate taxes (general and special) bonds and delinquent assessments, if any, on the Property shall be paid at the Close of Escrow from funds accruing to City. All supplemental taxes billed after the Close of Escrow for periods prior to the Close of Escrow shall be paid promptly by City.

10.3 Method of Proration. All prorations shall be made in accordance with customary practice in the County of San Bernardino, State of California, except as expressly provided herein.

All prorations, unless otherwise provided in this Agreement, shall be on an accrual basis, shall be based upon actual elapsed calendar days and shall be done as of 12:01 a.m. Pacific Standard Time of the day of the Close of Escrow. Buyer acknowledges that if City has prepaid any amount, including, fees, deposits taxes, assessments, bonds and/or other obligations if any, imposed against the Property for a period prior to the Close of Escrow, Buyer shall pay City any amounts prepaid (if the prorations result in a net credit to City) by increasing or reducing the cash to be paid by Buyer at the Close of Escrow. Buyer and City agree to prepare a schedule of tentative prorations at least three (3) business days prior to the Closing Date. Such prorations, if and to the extent 273
11 known and agreed upon as of the Close of Escrow, shall be paid, through Escrow, by Buyer to City (if the prorations result in a net credit to City) or by City to Buyer (if the prorations result in a net credit to the Buyer) by increasing or reducing the cash to be paid by Buyer at the Close of Escrow.

To the extent that, after the Close of Escrow, the Parties discover within ninety (90) days following the Close of Escrow that the prorations (or the adjustments made under this Section) were incorrect, each Party agrees to make any necessary corrective payment promptly upon the request of the other. A copy of the schedule of prorations as agreed upon by Buyer and City shall be delivered to Escrow Holder at least three (3) business days prior to the Closing Date.

11. Disbursements and Other Actions by Escrow Holder. At the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner herein below indicated:

11.1 Recording. Cause the Grant Deed (with documentary transfer tax information to be affixed after recording), and any other documents which the Parties hereto may mutually direct to be recorded in the Official Records of the County of San Bernardino and obtain conformed copies thereof for distribution to Buyer and City.

11.2 Funds. Upon recordation of the Grant Deed in the Official Records of the County of San Bernardino, Escrow Holder shall disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price as follows:

11.2.1 Deduct all items chargeable to the account of City pursuant to Section 9.

11.2.2 If, as the result of the prorations and credits pursuant to Section 10, amounts are to be charged to account of City, deduct the total amount of such charges.

11.2.3 Disburse the balance of the Purchase Price to City promptly upon the Close of Escrow.

11.2.4 Disburse the remaining balance of the funds, if any, to Buyer promptly upon the Close of Escrow.

11.3 Title Policy. Direct the Title Company to issue the Title Policy to Buyer.

11.4 Disbursement of Documents to Buyer. Disburse to Buyer any other documents (or copies thereof) deposited into Escrow by City pursuant hereto.

12. City’s Representations and Warranties.

12.1 Authority. City has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby.

12.2 Existing Condition of Property. City is selling the Property to Buyer under this Agreement in the Property’s present state and condition, and as of the Closing, Buyer agrees to accept the Property in its existing condition with all faults. Except as set out below, in consideration of City entering into this Agreement and as an inducement to City to sell the Property to Buyer, Buyer acknowledges and agrees that City has made no representations or warranties, express or implied, of any kind or type regarding the Property, the nature or condition of or title to 274
12 the Property or its improvements, any restrictions related to the development of the Property, the applicability of any governmental requirements pertaining to the Property or the suitability of the Property for any purpose whatsoever, including, without implied limitation, its past use, or its suitability or fitness for Buyer’s intended use thereof, development expenses, building costs, zoning, assessment districts, encumbrances to title, topography, soil condition, surveys, environmental impact reports, hazardous materials reports and permit fees.

12.3 “AS-IS” Condition. Buyer acknowledges and agrees that Buyer is purchasing the Property on an “AS-IS,” “WHERE-IS” basis. Buyer is not offering to purchase the Property based on any representation by City or City’s agent. Buyer hereby acknowledges that the purchase of the Property is without warranties of any kind from City, expressed or implied, as to the condition of the Property or its improvements, if any, including, without implied limitation, soils, access to the Property or to utilities, appliances, structure, utility systems, roof, foundation, landscaping, or any other component of the Property. City does not warrant that Property conforms with any ordinances, including, without implied limitation, zoning or building.

12.4 Hazardous Materials. In accordance with California Health and Safety Code Section 25359.7, City acknowledges that to its current actual knowledge City is not aware that any release of Hazardous Materials has come to be located on or beneath the Property.

12.4.1 The term “Hazardous Materials” when used in this Agreement shall mean any hazardous waste or hazardous substance as defined in any federal, state or local statute, ordinance, rule, or regulation applicable to the Property, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Title 42 United States Code §§ 9601-0662), the Resource Conservation and Recovery Act (Title 42 United States Code §§ 6901-6992k), the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health and Safety Code §§ 25300-25395), and the Hazardous Waste Control Law (Health and Safety Code §§ 25100-25250.25). “Hazardous Materials” shall also include asbestos or asbestoscontaining materials, radon gas, and petroleum fractions, whether or not defined as a hazardous waste or hazardous substance in any such statute, ordinance, rule or regulation. The term “Hazardous Materials Laws” shall mean those federal, state and local statutes, ordinances, rules and regulations governing the manufacture, storage, use, disposition and remediation of Hazardous Materials.

12.4.2 City shall provide access to the Property prior to Buyer’s purchase of the Property for the purpose of providing Buyer an opportunity to investigate the Property and conduct, at Buyer’s sole cost and expense, such investigations, inspections, surveys, analyses, plans, and tests of and related to the Property that Buyer deems necessary. City makes no representations or warranties concerning the Property, its suitability for the use intended by the Buyer, or the surface or subsurface conditions of the Property. Buyer assumes full and complete responsibility to make all investigations of surface and subsurface conditions which may be necessary or appropriate, and to evaluate the suitability of the Property for its use. If the soil conditions of the Property are not in all respects entirely suitable for the use or uses to which the Property will be put, then it is the sole responsibility and obligation of the Buyer to take such action as may be necessary to place the Property in a condition entirely suitable for such uses. Buyer shall indemnify, defend and hold harmless City, and its respective officials, officers, employees, attorneys, agents and volunteers from and against any and all liabilities, claims, demands, causes 275
13 of action, losses, damages, costs, expenses and attorneys’ fees, settlements, judgments or recoveries of third Parties which may be asserted, brought or awarded arising out of or relating, directly or indirectly, to such investigations, inspections, surveys, analyses, plans, or tests.

12.4.3 Buyer fully releases and discharges City from and relinquishes all rights, claims and actions that Buyer may have or acquire against City which arise out of or are in any way connected with: (a) the presence of Hazardous Materials on, under or about the Property (including but not limited to any undiscovered Hazardous Materials located beneath the surface of the Property); (b) violations of any Hazardous Materials Laws pertaining to the Property or the activities thereon; and (c) the use, maintenance, operation, ownership or possession of the Property after Closing. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future. Buyer specifically waives application of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

By Initialing below, Buyer knowingly and voluntarily waives the provisions of the State Civil Code Section 1542 and all other statute and judicial decisions (whether state or federal) of similar effect solely regarding the waivers and release contained in this section. _______________
Initials of Authorized
Buyer Representative(s)

12.4.4 Buyer agrees to defend, indemnify and hold harmless City, and its respective officials, officers, employees, attorneys, agents and volunteers from and against all claims, damages, losses, costs, expenses and liabilities (including, but not limited to, all attorneys' fees and court costs and expert witness fees paid or incurred by City) which arise out of or are in any way connected with: (a) the presence of Hazardous Materials on, under or about the Property (including, but not limited to, any undiscovered Hazardous Materials located beneath the surface of the Property), (b) violations of any Hazardous Materials Laws applicable to the Property or the activities thereon, and (c) the use, maintenance, operation, ownership or possession of the Property after Closing; provided, however, the foregoing shall not apply to the extent required by law for the City's own gross negligence or willful misconduct.

12.5 Buyer is, or prior to the Close of Escrow shall be, familiar with the Property. Buyer is relying solely upon, and Buyer acknowledges that Buyer has or prior to the Close of Escrow shall have conducted, Buyer’s own, independent inspection, investigation and analysis of the Property as Buyer deems necessary or appropriate in so acquiring the Property from City (including, without implied limitation, any and all matters concerning the condition, use, sale, development or suitability for development of the Property). Buyer is not relying in any way upon any representations, statements, agreements, warranties, studies, plans, reports, descriptions, guidelines or other information or material furnished by City or City’s representatives, whether 276
14 oral or written, express or implied, of any nature whatsoever regarding any of the foregoing matters.

12.6 Board Approval; Confidentiality and Publicity – City is a public entity and as such, this Agreement, shall be subject to approval by its City Council at a duly called and agendized public meeting. This Agreement shall be subject to the California Public Records Act. No press release or other public disclosure may be made by Buyer or any of its agents regarding Buyer’s intent for this Property this transaction without the prior consent of City.

13. Buyer’s Representations and Warranties. In consideration of City entering into this Agreement and as an inducement to City to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by City (the continued truth and accuracy of which shall constitute a condition precedent to City’s obligations hereunder):

13.1 Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized.

13.2 No Other Action. No other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein.

13.3 AS-IS Condition. Buyer acknowledges that Buyer is acquiring the Property “ASIS,” “WHERE-IS” without any warranty of City, express or implied, as to the nature or condition of or title to the Property or its fitness for Buyer’s intended use of same. Buyer is, or as of the expiration of the Feasibility Period shall be, familiar with the Property. Buyer is relying solely upon, and as of the expiration of the Feasibility Period shall have conducted, Buyer’s own, independent inspection, investigation and analysis of the Property as Buyer deems necessary or appropriate in so acquiring the Property from City (including, without implied limitation, any and all matters concerning the condition, use, sale, development or suitability for development of the Property). Buyer is not relying in any way upon any representations, statements, agreements, warranties, studies, plans, reports, descriptions, guidelines or other information or material furnished by City or City’s representatives, whether oral or written, express or implied, of any nature whatsoever regarding any of the foregoing matters.

13.4 True at Close. The representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. Buyer’s representations and warranties made in this Section 13 shall be continuing and shall be true and correct as of the Close of Escrow with the same force and effect as if remade by Buyer in a separate certificate at that time. The truth and accuracy of Buyer’s representations and warranties made herein shall constitute a condition for the benefit of City to the Close of Escrow and shall survive, and shall not merge into the Close of Escrow or the recordation of the Grant Deed in the Official Records of the County of San Bernardino.

14. Fire or Casualty. If, prior to the Close of Escrow, any part of the Property is damaged or destroyed by earthquake, flood, landslide, or other casualty, City shall immediately notify Buyer 277
15 of such fact. If such damage or destruction is “material,” Buyer shall have the option to terminate this Agreement upon written notice to City given not later than ten (10) days after receipt of City’s notice. For purposes hereof, “material” shall be deemed to be any uninsured damage or destruction to the Property or any insured damage or destruction (i) where the cost of repair or replacement is estimated to be One Hundred Thousand Dollars ($100,000.00) or more or shall take more than ninety (90) days to repair, in Buyer’s good faith reasonable judgment.

15. Remedies.

15.1 Default by Buyer. IN THE EVENT THE CLOSING AND THE

CONSUMMATION OF THE TRANSACTION HEREIN CONTEMPLATED DOES NOT

OCCUR AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, BUYER

AND CITY AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES WHICH CITY MAY SUFFER.

THEREFORE BUYER AND CITY DO HEREBY AGREE THAT A REASONABLE

ESTIMATE OF THE TOTAL NET DETRIMENT THAT CITY WOULD SUFFER IN THE

EVENT THAT BUYER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF

THE PROPERTY IS AND SHALL BE, AN AMOUNT EQUAL TO THE DEPOSIT INCLUDING ANY ACCRUED INTEREST THEREON. SAID AMOUNT SHALL BE THE

FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY BUYER. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED

DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS

INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CITY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL LIMIT OR WAIVE CITY’S RIGHT TO: (I) RECOVER DAMAGES OR OTHER RELIEF IN THE EVENT OF FRAUD, WILLFUL MISCONDUCT, OR BAD FAITH BY BUYER; OR (II) ENFORCE

ANY OBLIGATIONS OF BUYER THAT EXPRESSLY SURVIVE TERMINATION OF THIS AGREEMENT. UPON BUYER’S DEFAULT, THIS AGREEMENT MAY BE TERMINATED AT CITY’S OPTION, AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EXCEPT FOR CITY’S RIGHTS

TO RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AND TO PURSUE THE ADDITIONAL REMEDIES RESERVED ABOVE.
_______________________ ____________________
Buyer’s Initials City’s Initials

15.2 Default by City.

15.2.1 In the event City shall default under any of the terms and provisions of this Agreement, Buyer shall have the right, but not the obligation, in addition to any other rights or remedies which it may have at law or in equity, to terminate Buyer’s obligations under this Agreement and the Escrow created hereby. In the event of such termination by Buyer: (a) Buyer shall be entitled to the immediate refund of the Deposit and any other funds deposited by Buyer into Escrow, including all interest earned thereon; and (b) compensation for damages recoverable by Buyer under California law, including, without limitation, due diligence costs and costs of 278
16 processing the Entitlements; provided, however, that any such compensation shall not exceed Ten Thousand Dollars ($10,000.00). In the alternative, Buyer may pursue any rights or remedies at law or in equity to acquire the Property, including the right to seek specific performance of City’s obligation to convey the Property to Buyer and any other covenant of City in this Agreement. The termination of this Agreement by Buyer pursuant to its rights under this Section shall not relieve City of its liability for breach of its obligations hereunder but shall relieve Buyer of all of its obligations under this Agreement from the date of such termination.

15.2.2 Except as set forth in this Section 15.2.1, Buyer fully releases and discharges City from and relinquishes all rights, claims and actions that Buyer may have or acquire against City based on an event of default by City that prevents the Close of Escrow as required by this Agreement. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future. Buyer specifically waives application of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

By initialing below, Buyer knowingly and voluntarily waives the provisions of the Civil Code Section 1542 and all other statute and judicial decisions (whether state or federal) of similar effect solely regarding the waivers and release contained in this section. _______________
Initials of Authorized
Buyer Representative(s)

16. Miscellaneous.

16.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by registered or certified mail, postage prepaid, return receipt requested, or by electronic mail followed by delivery of a “hard” copy, and shall be deemed received upon the date of receipt thereof.

To Buyer: 325 Sago LLC
388 Cordova Street
Suite 280
Pasadena, CA 91101
Attn: Robert Montano
Email: [email protected]
With Copy: Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP 1900 Main Street, Suite 700
Irvine, CA 92614
279
17 Attn: Stephen Scheck
Email: [email protected]
To City: The City of Ontario
303 E. B Street
Ontario, CA 91764
Attn: City Manager
Email: [email protected]
With Copy: Best Best & Krieger LLP
3500 University Avenue
Riverside, California 92501
Attn: Ruben Duran
Email: [email protected]
To Escrow: Fidelity National Title Company
4210 Riverwalk Parkway, Suite 100
Riverside, California
Attn: Jennifer Riddle
Each notice shall be deemed delivered (1) on the date delivered if by personal delivery, (2) on the date of delivery by the overnight delivery service if by overnight delivery, (3) on the date of transmission if by email or other electronic transmission if transmitted before 5:00 p.m. Pacific Time on regular business days (and if transmitted after 5:00 p.m. Pacific Time or on a non-business day, then deemed received on the next succeeding business day), or (4) seventy-two (72) hours after deposit in the United States mail (postage prepaid) if by registered or certified mail. Any counsel for a party designated above is hereby authorized to give notices hereunder on behalf of its respective client. Notice of change of address shall be given by written notice in the manner detailed in this Section 16.1.

16.2 Broker. City represents and warrants to Buyer, and Buyer represents and warrants to City, that no other broker or finder has been engaged by it, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. In the event of any such claims for additional brokers’ or finders’ fees or commissions in connection with the negotiation, execution or consummation of this Agreement, then Buyer shall indemnify, save harmless and defend City from and against such claims if they shall be based upon any statement or representation or agreement by Buyer, and City shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by City.

16.3 Required Actions of Buyer and City. Buyer and City agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their good faith efforts to accomplish the Close of Escrow in accordance with the provisions hereof. 280
18 16.4 No Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Buyer shall have the right, without City’s consent, to transfer Buyer’s rights and interests under this Agreement to a joint venture, partnership or other entity, so long as (a) such joint venture, partnership or other entity controls, is controlled by, or is under common control with Buyer; (b) the assignee must expressly assume in writing all of Buyer’s obligations under this Agreement; and (c) Buyer shall deliver to City a copy of the fully executed written assignment and assumption agreement between Buyer and such assignee at least three (3) business days prior to Closing. Any attempt at assignment in violation of this subsection shall be void and without effect.

16.5 Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

16.6 Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving Party, which shall be extended by a period of time equal to the period of the delay.

16.7 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the Parties hereto.

16.8 Professional Fees. In the event of the bringing of any action or suit by a Party hereto against another Party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other Party arising out of this Agreement, the prevailing Party shall be entitled to have and recover from the other Party all costs and expenses of the action or suit, including reasonable attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.

16.9 Entire Agreement. This Agreement (including all exhibits attached hereto) is the final expression of, and contains the entire agreement between, the Parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the Party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. The Parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the Parties hereto.

16.10 Time of Essence. City and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by either Party shall constitute a material breach of and a non-curable (but waivable) default under this Agreement by the Party so failing to perform.
281
19 16.11 Construction. Headings at the beginning of each section and subsection are solely for the convenience of the Parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references to sections and subsections are to this Agreement. All exhibits referred to in this Agreement and incorporated by this reference. In the event the date on which Buyer or City is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day.

16.12 Governing Law. The Parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The Parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

16.13 Counterparts. This Agreement may be executed in counterparts, all of which when taken together shall be deemed fully executed originals.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year hereinabove written.
[Signatures on Following Page]
282
20 SELLER: BUYER:

CITY OF ONTARIO,
A California Municipal Corporation
By: _______________________
Scott Ochoa
City Manager
Date: _____________________
325 Sago LLC,
A California Limited Liability Company
By: _______________________
Name:

Title:

Date: _____________________
ATTEST:

By: _____________________________
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
By: _____________________________
City Attorney
283
46700.12001\44732599.3
Exhibit A-1
46700.12001\44642227.2

EXHIBIT A
TO

AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Legal Description of Property
284
46700.12001\44732599.3
Exhibit B-1
46700.12001\44642227.2

EXHIBIT B
TO

AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Consent and Acknowledgement of Escrow Holder
Fidelity National Title Company hereby agrees to: (i) accept the foregoing Agreement, (ii) act as the Escrow Holder under said Agreement for the fees therein specified and (iii) be bound by said Agreement in the performance of its duties as Escrow Holder.

Fidelity National Title Company hereby acknowledges: (a) its receipt on the date hereof of counterparts of the foregoing Agreement fully executed by City and Buyer and (b) its receipt of the $16,000.00 Deposit (described in the foregoing Agreement).

Fidelity National Title Company advises the Parties of the following:

1. The date of the Opening of Escrow is

2. The date of the expiration of the Feasibility Period is ; and

3. The date of the date of the Closing Date is .

Dated: , 2026 _____________________________________
By:__________________________________
Escrow Holder
285
46700.12001\44732599.3
Exhibit C-1
46700.12001\44642227.2

EXHIBIT C
TO

AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Grant Deed
[Attached Behind This Page]
286
46700.12001\44732599.3
Exhibit C-2
46700.12001\44642227.2

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Ontario
303 E. B Street
Ontario, California 91764
Attention: City Manager
Portions of Assessor Parcel Number’s 1048-576-01 and 1048-576-02 Exempt from Recording Fee per Government Code ' 27383 / Exempt from Documentary Transfer Tax per Revenue & Taxation Code ' 11922

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF ONTARIO, a California municipal corporation (“Grantor”), does hereby grant and convey to 325 Sago, LLC, a California limited liability company (“Grantee”) that certain real property situated in the City of Ontario, County of San Bernardino, State of California, more particularly described on Exhibit “1” attached hereto and incorporated herein by reference (“Property”).

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this ____ day of __________________, 2026.

GRANTOR:

CITY OF ONTARIO
a California municipal corporation
By: ________________________
Scott Ochoa
City Manager
ATTEST:

By: ________________________
City Clerk
287
46700.12001\44732599.3
Exhibit 1 to Grant Deed
46700.12001\44642227.2
EXHIBIT 1
TO

GRANT DEED
Legal Description of Property
288
Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: AN ORDINANCE AMENDING CHAPTER 8B OF TITLE 6 OF THE ONTARIO

MUNICIPAL CODE RELATED TO WATER SERVICE FEES

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance amending Section 6-8.51 of Chapter 8B of Title 6 of the Ontario Municipal Code related to water service fees.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: There is no new fiscal impact anticipated from the proposed updates to Section 6-

8.51 of Chapter 8B of Title 6 relating to water service fees and charges. There are no revisions to the current schedule of fees and charges being proposed at this time. If there are future fiscal impacts, they will be incorporated as part of the City’s next comprehensive Rate Study. There is no impact to the General Fund.

BACKGROUND & ANALYSIS: The City owns and operates a potable water distribution system with over 40,000 service connections, providing high-quality drinking water to over 185,000 Ontario residents. The City also owns and operates a recycled water distribution system containing over 50 miles of pipelines with over 550 service connections, which supports the City's water conservation efforts by reducing the use of potable water. Recycled water is not approved for drinking and is primarily used for agricultural purposes, landscape irrigation, and commercial and industrial activities. Chapter 8B of the Municipal Code generally includes account services, criteria for water service design, construction, operations, and management of water facilities.

The proposed changes to Section 6-8.51 of Chapter 8B of Title 6 are intended to improve operational efficiency and ensure compliance with updated laws and regulations. These revisions also support public health and safety, and the reliability of the City's water system. Key proposed changes include:
289
Revisions to ensure compliance with updated laws and regulations governing rates for water service outside the City limits.

Revisions to enhance flexibility in supplying water for agricultural services to support efficient system management, regulatory compliance, and long-term resource sustainability.

The proposed ordinance amendments strengthen legal compliance and promote consistent application citywide. They also provide flexibility to support system optimization and proactive water resource management. Enhancing ordinance flexibility is aligned with the City’s broader strategic goals by enabling adaptive policy implementation, improving operational resilience, supporting responsible growth, and ensuring long-term reliability and sustainability of the water system.

Staff and Legal have reviewed the proposed changes to Section 6-8.51 of Chapter 8B of Title 6 to ensure it meets state requirements. Staff recommends adoption of the proposed changes to the City’s municipal code. The introduction and first reading took place at a public hearing held at the City Council meeting of April 7, 2026.

ENVIRONMENTAL REVIEW: The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). 290
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 6-8.51 OF CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO WATER

SERVICE FEES AND FINDING THAT SUCH ACTION DOES NOT

QUALIFY AS A PROJECT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES
SECTION 15378 AND IS OTHERWISE EXEMPT FROM CEQA UNDER
STATE CEQA GUIDELINES SECTION 15061(b)(3).

WHEREAS, the City of Ontario (the “City”) owns and operates a potable water distribution system that delivers high-quality drinking water to City residents along with a recycled water distribution system that supports the City’s water conservation efforts by offsetting potable water use; and
WHEREAS, the City Council has determined that certain amendments to the City’s Municipal Code are necessary in order to align with current business practices related to potable and recycled water use, and allow for optimization in operational, regulatory, public health and safety, or system reliability considerations; and WHEREAS, the proposed amendments will specifically enhance flexibility in (1) establishing future rates for service outside the City’s limits, supporting regional coordination and enabling the City to respond strategically to opportunities for external water service arrangements, and (2) supplying water for agricultural services to support efficient system management, regulatory compliance, and long-term resource sustainability; and
WHEREAS, the City Council finds the proposed amendments are aligned with the City’s broader strategic goals by enabling adaptive policy implementation, improving operational resilience, supporting responsible growth, and ensuring long-term reliability and sustainability of the water system.

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

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

SECTION 2. Section 6-8.51 (Service fees and charges) of Chapter 8B (Water Services) of Title 6 (Sanitation and Health) of the Ontario Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 6-8.51. Service fees and charges.
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(a) Residential, non-residential, and private fire service water fees and charges. In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other water service fee or charge is provided, and which parcel of property is connected to the water system of the City, shall pay monthly water service fees and charges as established from time to time by resolution of the City Council.
(b) Turning water supply on and off. No charge shall be made for shutting off and turning on water supply when requested by the customer for the closing of an old account or the beginning of a new one. When service has been discontinued due to non-payment of utility bills or for any infraction of the rules, the charges to restore water service shall be as listed above. The customer shall pay these charges, plus the amount of any outstanding bills, before service can be restored.
(c) Construction water. All construction water shall be metered and charged. (d) Temporary service connection. Temporary service connections shall be subject to the fees and deposits as established from time to time by resolution of the City Council. All water delivered through a temporary service connection shall be metered and charged.
(e) Water meter testing fee. Water meter testing fee shall be based on the actual costs of removal, testing and reinstallation of the meter. (f) Reserved.
(g) Other water service work. This charge is based on actual time, travel and material cost based on the City’s burden of labor and overhead rates in effect at the time service is provided.
(h) Reserved.
(i) Charges for agricultural use. Charges for usage of water for agricultural service, where the agricultural use provides assignment of water production rights to the City, shall be determined by the Utilities General Manager; provided, however, such charges will be consistent with the most recent rate study and current rates charged by the Chino Basin Watermaster for replenishment assessments.
(j) Charges for unmetered service. Unmetered usage of water and charges for unmetered usage of water shall be authorized by the Utilities General Manager prior to such usage; provided, however, such charges shall be reasonably in accordance with the charges established by resolution adopted by the City Council.”
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SECTION 3. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 because the activity is not a “project” subject to CEQA. (Cal. Code Regs. Tit. 14, § 15378). Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Cal. Code Regs. Tit. 14, § 15378(a).) These measures are not expected to result in any direct or reasonably foreseeable indirect physical change in the environment, and thus the Ordinance is not a project subject to CEQA. Moreover, the City Council finds that even if this Ordinance is considered a project, it is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. (Cal. Code Regs. Tit. 14, §15061(b)(3).)
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 6. Certification. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 21st day of April 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
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APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3333 was duly introduced at a regular meeting of the City Council of the City of Ontario held April 7, 2026 and adopted at the regular meeting held April 21, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3333 duly passed and adopted by the Ontario City Council at their regular meeting held April 21, 2026 and that Summaries of the Ordinance were published on April 14, 2026 and April 28, 2026, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Utilities
Prepared By: Thomas Palmieri
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: PROFESSIONAL SERVICES AGREEMENTS WITH LEED ELECTRIC, INC., AND PROJECTLINE TECHNICAL SERVICES, INC., FOR ON-CALL WATER FACILITIES

ELECTRICAL SYSTEMS AND MASTER PLANNING SERVICES

CITY OF ONTARIO
Agenda Report
April 21, 2026
SECTION:

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

A. Authorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Leed Electric, Inc., of Santa Fe Springs, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $200,000 per year for a three-year total not-to-exceed amount of $600,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional one-year term extensions consistent with City Council approved budgets.

B. Authorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Projectline Technical Services, Inc., of Costa Mesa, California for On-Call Water Facilities Electrical Systems and Master Planning Services in the amount of $350,000 per year for a three-year total not-to-exceed amount of $1,050,000 and a term from July 1, 2026 to June 30, 2029, with the option to extend the Agreement for up to two additional oneyear term extensions consistent with City Council approved budgets.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed three-year Agreements are for a combined not-to-exceed total amount of $1,650,000. At the City’s discretion, up to two additional one-year extensions may be executed to continue the on-call services.
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The proposed firms have agreed to fixed billing rates set forth in their respective Agreements for professional on-call, as-needed facilities electrical systems and master planning services. Fee increases after the first year will be negotiated but will not exceed 5% per year. Actual expenses will be based on billing rates and services rendered.

If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed. There is no impact to the General Fund.

BACKGROUND & ANALYSIS: The City’s Water Master Plan recommends capital improvement projects to maintain the reliability and availability of water services to the community and for system expansion to meet continued growth. The City’s existing water system includes over 50 water production facilities, including production wells, treatment plants, booster stations, pressurereducing stations, and reservoirs that range in age from 50-plus years to recently built and operational. Replacement, expansion, and maintenance of these existing and future water facilities require specialized guidelines, plans, and specifications for electrical, instrumentation, and control systems that connect legacy systems and best practices with new equipment and requirements, while maintaining a reliable and efficient system. Additionally, the City needs an on-call group of electrical specialists to oversee quality control and assurance checks during the design, construction, and commissioning phases of the water facilities’ electrical systems. This will ensure the water system remains reliable as the City grows.

The City plans to retain two on-call electrical consultants, whose duties will include:

Evaluating the existing design, construction, and commissioning guidelines, specifications, and practices for the City’s water facilities’ electrical, instrumentation, and control systems.

Developing a standard set of design, construction, and commissioning guidelines, plans, and specifications for all City water facility projects to be used in the planning, design, and construction of these projects.

Providing Quality Assurance and Quality Control (QA/QC) services during the design and construction phases for facility projects with complex electrical and control systems.

On September 29, 2025, the City solicited Requests for Qualifications (RFQ), Bid No. 1955, on PlanetBids for On-Call Water Facilities Electrical Systems and Master Planning Services. On November 7, 2025, the City received the following four statements of qualifications (SOQ) for these on-call services:

Company Location
Leed Electric, Inc. Santa Fe Springs, CA
Moore Twining Associates, Inc. Fresno, CA
Projectline Technical Services, Inc. Costa Mesa, CA
S Y Lee Associates, Inc. Glendale, CA
Staff reviewed and evaluated each SOQ using a qualifications-based selection process for all firms 297
that submitted a response in accordance with the RFQ. Staff is recommending approval and award of the Professional Services Agreements to Leed Electric, Inc., and Projectline Technical Services, Inc., based on their broad range of expertise as demonstrated by their services provided to other municipal agencies and capability to perform the work in a timely manner. 298
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PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, 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 LEED Electric Inc, a CALIFORNIA CORPORATION, with its principal place of business at 12333 Los Nietos Rd, Santa Fe Springs, CA 90670 ("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 electrical systems and master planning 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 On-Call Water Facilities Electrical Systems and Master Planning Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional electrical systems and master 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. 299
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3.1.2 Term. The term of this Agreement shall be from July 1, 2026 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 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 consultant shall be compensated in the amount of Two Hundred Thousand Dollars ($200,000) per fiscal year for a three-year total not-toexceed amount of Six Hundred Thousand Dollars ($600,000) 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) 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. 300
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3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of 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: Seyed Ali Jamali-Dinan, Chief Executive Officer.

3.3.5 City's Representative. The City hereby designates Dennis Mejia, P.E., Utilities Engineering Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager 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 Seyed Ali JamaliDinan, Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the 301
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performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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

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

3.3.9 Period of Performance.

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

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

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing 302
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in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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

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

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

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

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 303
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3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

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

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

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

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

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

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 305
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 306
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

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

3.4 Labor Code Requirements.

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

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 307
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all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

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

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

3.5 Termination of Agreement.

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

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 308
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

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

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

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

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: LEED Electric Inc
12333 Los Nietos Road
Santa Fe Springs, CA 90670
ATTN: Seyed Ali Jamali-Dinan, Chief Executive Officer
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Dennis Mejia, P.E., Utilities Engineering Manager 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 310
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the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms 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 311
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party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code 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.
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3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other 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
LEED ELECTRIC 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 LEED ELECTRIC 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
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EXHIBIT “A”
RFQual Proposed Scope of Services for
On-Call Water Facilities Electrical Systems and Master Planning Services General Requirements and Objectives:

The City of Ontario Municipal Utilities Company is requesting Statement of Qualifications from qualified consulting firms for Operations and Engineering Specialists (referred to here as “Specialists”) to provide On-Call Water Facilities Electrical Systems and Master Planning Services for three (3) years, with an option of renewing for two (2) consecutive one (1) year terms. The City desires to obtain the services of a maximum of three (3) qualified firms to provide on-call services. Task orders will be issued to firms on a competitive basis based on the qualifications and expertise of the Specialists, and the firms supporting staff and subconsultants. There is no designated minimum nor maximum value of services to be awarded to any one Consultant.

Request for Qualification (RFQual) is for Specialists to assist the City in the development of a Master Set of Electrical Guidelines, Standard Plans and Specifications (MSEGPS) to support water facilities projects. The City’s water and sewer facilities include, but are not limited to, Production Wells, Ion Exchange Treatment Plants, Booster Stations, Pressure Reducing Stations, Reservoirs and Sewer Lift Stations. The future MSEGPS will serve as OMUC’s primary guideline for all electrical, supervisory control and data acquisition (SCADA), instrumentation and control (I&C), piping and instrumentation diagrams (P&ID) and cybersecurity requirements and best practices. Below is a list of the City’s general objectives for this professional services contract:

1. Support the retainage and transfer of knowledge from current staff to the next generation of operators and engineers.

2. Evaluate the existing design, construction and commissioning guidelines and, specifications and practices for the City’s water and sewer facility projects including but not limited to Production Wells, Ion Exchange Treatment Plants, Booster Stations, Pressure Reducing Stations, Reservoirs and Sewer Lift Stations.

3. Improve and streamline the project delivery method from predesign/design to construction/commissioning for future water facility projects.

4. Develop a standardized set of design guidelines, plans and specifications for all the City’s water facility projects.

5. Develop a standardized set of construction guidelines and specifications for all the City’s water facility projects.

6. Develop a standardized set of commissioning guidelines and specifications for all the City’s water facility projects.

7. Documents developed through this professional service agreement will be utilized by engineers, contractors, construction managers, and operators for future projects;

8. Provide Quality Assurance and Quality Control (QA/QC) services for complex electrical and control system projects.

Specialists should have expertise in electrical, supervisory control and data acquisition (SCADA), instrumentation and control (I&C), piping and instrumentation diagrams (P&ID) and cybersecurity services. Specialists will have a minimum of 8 years of experience in design, construction and/or operation of various City water and sewer facilities including but not limited to Production Wells, Ion 316
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Exchange Treatment Plants, Booster Stations, Pressure Reducing Stations, Reservoirs and Sewer Lift Stations. Specialists should possess the expertise and resources to provide comprehensive coordination with various stakeholders in achieving the City’s objectives listed above. The City desires to work with experienced Specialists that would maintain positive working relationships with all City staff as well as other consultants and contractors; possess the ability to recognize project issues and recommend possible solutions early in the process on regulatory, technical, administrative, and managerial levels; coordinate and accomplish small and large tasks in a well-organized manner; communicate effectively in a public sector setting; and are enthusiastic about working as part of a team.

Each Prospective Consultant (or listed subconsultant) is required to be able to provide all the services listed in this RFQual.

The following scope of services provides general categories of services that may be required for each task order requested. The categories are not an exhaustive list of services but rather a sampling of the services that are typically included, but not limited to, within that area of the scope in order to demonstrate the qualifications needed for that scope of services.

Specific services requested under these agreements shall be identified by the City at the time of the request for a specific task order. For each task order requested by the City, the Consultant shall provide a task order proposal that identifies the specific scope of services to be performed, the necessary project management activities, task budget, and task schedule. Upon City’s approval of the proposed task’s scope of services, the City will issue a notice to proceed with purchase order requisition for the work. The Consultant is encouraged to provide recommendations with respect to scope and order of completion.

No task order or scope of services shall be performed without first receiving authorization from the City and notice to proceed with the task order. Refer to Professional Services Agreement in Exhibit “B” to review the General Requirements and other conditions.

Consultant shall be aware that certain labor categories above may be subject to prevailing wage rates as identified in the California Labor Code commencing Section 1770 et Seq. Determination of whether or not Prevailing Wages shall apply will be determined when the City’s Project Manager identifies the scope of specific task orders. Please refer to Paragraph XI.11 “Prevailing Wage and Contractor Registration” of this RFQual, and Paragraph 3.10.6 “Prevailing Wages” of the Professional Services Agreement for further requirements.

Services to be performed under this contract may include:

On-Call Services
1) Project Management and Administration (Applicable to each Task Order issued) a) Prepare meeting agendas, conduct meetings and workshops with stakeholders, and prepare meeting minutes incorporating all stakeholders’ feedback. b) Prepare monthly invoicing and progress report including a summary of work completed, tasks anticipated to be completed in the next month, and a review of work status relative to budget and schedule.
i) Any divergences between work completed and budget expended, and schedule needs to be specifically explained and addressed to avoid future budget short-comings and delays in schedule.
317
BB&K (2024) 20 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
ii) If divergences occur between work completed and budget expended, and schedule, a recovery plan must be provided to City’s project manager that demonstrates how the project will be brought back on schedule and within budget.
c) Coordinate with City Staff, other consultants, and contractors. 2) Information Gathering
a) Prepare and maintain a tracking log and database of all the gathered documents b) Conduct preliminary interviews with Engineering and Production staff on the current procedures and best practices for the predesign, design, construction, commissioning and operations of the various types of water facility projects.
c) Conduct field assessments of the City’s various existing water facilities 3) Develop Standard Operating Procedures (SOP) for the Design, Construction, Commissioning and Operation
a) Prepare individual SOP for various water facility projects. SOP should include, but not limited to, the following
i) Subsection per phase of development and operation
ii) A section of common troubleshooting best practices
iii) Templates for a standardized I&C and P&ID drawing for various water facility projects, using ISA 5.1 tagging systems
iv) Material Lists with Item, Description, Manufactor, Make, Model 4) Assessment Report
a) The assessment report should have a comprehensive understanding of all the City’s current practices and procedures for designing, constructing, operating and maintaining the City’s various water facilities, and provide recommendations for areas of improvement. 5) Planned and Unplanned Maintenance 5-year Forecasting Budget a) Prepare a Risk Matrix to determine the likelihood of unplanned maintenance and the potential added costs for accelerating the maintenance for emergency repairs. 6) Tagging System for OMUC’s future Asset Management System a) Knowledgeable of the operation of the “City Works” software system b) Coordinate and support OMUC Planning Division with OMUC’s Asset Management System on an as needed basis.
7) Design Guidelines
a) Prepare a set of design guidelines for water facility projects. i) Consider using the existing Water and Sewer Design Development Guidelines and Specifications on the City’s website as a formatting baseline (see link below) (1) https://www.ontarioca.gov/government/public-works/engineering/design ii) Incorporate industry standards and regulations including, but not limited to, AWWA, ISA, IEEE, NFPA, etc.
318
BB&K (2024) 21 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
8) Standard Plans and Specifications
a) Prepare a set of standard plans for various water facility projects. Each set of plans may include the following drawings.
i) P&ID
ii) I&C
iii) Typical subsystems for the facilities
iv) Control Panel Layouts
v) Electrical schematics and details
vi) Mechanical schematics and details
b) Standard Specifications for items listed above
9) Electrical and SCADA Master Planning
a) Prepare an Electrical and SCADA Master Plan that will assist in the execution of the City’s Water Master Plan
b) Include instrumentation, engineering standards relevant to I&C c) Knowledgeable of the requirements from ISA 5.1 tagging standard and ISA 112 SCADA standards d) Coordinate with OMUC Water Production staff and City IT Department’s in any SCADA security system efforts for water facility projects
e) Knowledgeable of all local, state, and federal electrical engineering standards f) Prepare arc flash mitigation study and recommendations g) Standardized relay logic and electrical drawing legend sheets h) Prepare Specifications
i) Develop a CAD standard for OMUC and implement a database i) Database should be a basis for electrical and I&C engineering work, to allow OMUC to track electrical and instrumentation and controls assets.
ii) Knowledge of available electrical design systems software and provide recommendations for software that OMUC should implement into our design review practices 10) SCADA Security Risk Assessment
a) Coordinate with OMUC Water Production staff and City IT Department’s current control system network security practices and guidelines for water facilities connected to the SCADA network. b) Review and assess the City’s current practices against other industry standard guidelines, including AWWA J100, ISA 95 etc.
c) Prepare a risk assessment report and recommendations for improvement. 11) On-Call Quality Assurance and Quality Control (QA/QC) Services • Quality Assurance and Quality Control (QA/QC) review for electrical, I&C and/or P&DI submittals during the pre-design, design, construction and/or commissioning phase • Subject Matter Expert (SME) Services
• Risk Management Services to conduct HAZID/HAZOP studies • Constructability Review
• Construction Inspection
• Commissiong Support
319
www.leedelectric.com 1
Statement of
Qualifications
For: City of Ontario
On-Call Water Facilities Electrical Systems & Master Planning 11-07-2025
0B
320
Table of Contents
Executive Summary......................................................................... Tab 1 Identification of Proposer / Company Information........................ Tab 2 Staffing Resources.......................................................................... Tab 3 Fiscal Stability ................................................................................. Tab 4 Experience and Technical Competence.......................................... Tab 5 Proposed Method to Accomplish the Work .................................... Tab 6 Hourly Rate Schedule..................................................................... Tab 7 Insurance ....................................................................................... Tab 8 Litigation ......................................................................................... Tab 9 Other Information / Forms .............................................................. Tab 10 Certification of Proposal ................................................................ Tab 11 Appendices ..................................................................................... Tab 12

1.0 3.0

4.0 5.0

6.0 7.0

8.0 9.0

11.0 10.0

12.0 13.0
321
TAB 1
Executive Summary:
322
12333 Los Nietos Rd., Santa Fe Springs, CA 90670-5508 LEED Electric Inc.

LEED Electric, Inc. Statement of
Qualification
11-07-2025
City of Ontario
Ref: Statement of Qualification
LEED Electric, Inc. is pleased to submit this statement of qualification as the Electrical Subcontractor for this [On-Call Water Facilities Electrical Systems & Master Planning] Project.

LEED Electric has provided quality services through a long 46 year history with the County of Los Angeles, the City of Los Angeles, County of Orange, the Metropolitan Water District of Southern California, the Department of Water and Power, Long Beach Water Department, City of Santa Monica Water Resources Division, Water Replenishment District (WRD) of Southern California, Los Angeles Wastewater Information Network System (LAWINS), Eastern Municipal Water District, and the City of Santa Ana. LEED Electric, Inc. is a qualified Small Business Enterprise with the State of California Department of General Services as well as a Certified Small Business Enterprise (SBE) with the Port of Long Beach.

Numerous other public works projects have been successfully completed for virtually every local City and/or County governmental agency including Orange County Water District, Orange County Sanitation District, Los Angeles County Sanitation District, State of California Water Resources and other state agencies, and most recently expanding services to Northern California with the opening of satellite offices in Stockton and Folsom, California to support projects in Stockton, Monterey and East Bay MUD.

LEED Electric, Inc. employs local tradesmen affiliated with the International Brotherhood of Electrical Workers and is signatory with IBEW locals from Sacramento to San Diego County and complies with Project Labor Agreements (PLA) from Northern to Southern California. LEED Electric has extensive experience in industrial water related projects and intricate electrical control projects in the greater Los Angeles, Orange County and Riverside County areas. LEI is dedicated to on-time delivery of materials, labor and services for construction endeavors at all times, and along with the on-time delivery LEI responds to all inquiries for service in a timely and professional manner, with a commitment to provide the products or services meeting or exceeding the specifications of the customer. LEED Electric, Inc. (LEI) is a local full service electrical contractor with extensive experience in public works projects, having successfully completed hundreds of public works contracts during their 46-year history-from a high end of $40.0M to various projects in the $1.00MM to $5.00MM ranges.

In summary, our team of local craftsmen overseen by an experienced management team that consists of a Chief Executive Officer, Division Managers, Superintendents, Operations Personnel, Project Managers and Project Engineers to oversee quality products and services are provided and has the requisite expertise and experience in working as the electrical subcontractor for this project. Some of our satisfied customers are included in the latter portion of this statement of qualification for reference. We hope you determine that our qualifications meet your requirements. Please contact me at [email protected] or (562) 270-9500 with any questions.

Yours truly,
Seyed (Seth) A. Jamali Dinan, Chief Executive Officer
323
> Company History & Structure
BACKGROUND:

LEED Electric Inc. is an experienced and highly recommended fullservice commercial and industrial electrical, control & instrumentation contractor. The company has a reputation for completing projects on time, within budget and to the client’s satisfaction. The company’s comprehensive knowledge of new technologies combined with the highly trained staff and more than 46 years of experience performing heavy contracting work make LEED Electric a provider of choice. LEED Electric began operations in 1979 performing work at oil refineries, chemical plants and aerospace facilities. Later began doing public work for various municipal and county facilities on pumping plants, water treatment plants, and sewage treatment plants installing power and control systems, automation/measuring systems.

MISSION:

The mission of LEED Electric is to provide highest quality electrical, control & instrumentation installations performed safely by highly trained, skilled craftsmen to meet or exceed customer
specifications.

VERSATILITY:

Contracts ranging to over $5.0 million have been successfully completed. Maintenance programs with special rates designed to fit customer needs have been provided.

PERFORMANCE:

LEED Electric has a consistentrecord of completed projects on or before target dates.

SAFETY:

Strict adherence to safety standards is an integral part of daily operations.
324
> Company History & Structure
COMMUNICATION:

LEED Electric’s experienced management team is
concerned about completing projects correctly and on
time. The company understands that growing
reputation depends on it. Constant communication
with field personnel enables project managers to stay
informed ofjob progressinsuring smooth operation to
timely completion.

LITIGATION:

LEED Electric has not had any litigation or threatened litigation against the firm that will affect the company’s performance or completion of this proposed program.

1. The organization has never been subject of litigation for failure to meet contracted obligations to deliver or supply electricity since its inception in 1979.

2. The company has no breach of contract or criminal legal actions with potential liabilities above $50,000 or involving
imprisonment (now or pending) against the company itself, any official, officer or employee of the company submitting qualifications over the last 46 years.

3. LEED Electric has not filed for bankruptcy, is not currently in default of business loans and is not responsible for undisputed payments to suppliers or transporters which are over 60 days past due.
325
TAB 2
Identification
of Proposer:
326
> Company Information
Firm Name LEED Electric, Inc.

Corporate Office Address 12333 Los Nietos Rd. Santa Fe Springs, CA 90670 Corporate Phone and Fax Numbers Firm Phone #
(562) 270-9500
Firm Fax #
(562) 863-5723
Federal Tax ID # 95-3337191
Business Type S-Corporation Established 3/1/1979 in California DUNS No.:

CAGE Code:
09-916-2901
0XJH1
Business License Certificate Number: 15801447 Exp. Date: 06/30/2025 City of Santa Fe Springs, California
Contractor License
License No. 379096 Exp. Date: 07/31/2025
State of California Contractors State License Board
A - General Engineering Contractor
C-10 - Electrical Contractor
DIR Contractor Registration DIR Registration No. 1000004633 Exp. Date: 06/30/2028 SBE Certification
Port of Long Beach (SBE) #251559 Exp. Date: 06/05/2026
State of California (Dept. of Gen Services) #36862 Exp. Date: 04/30/2026 NAICS 238210
Principals/Officers
Seyed (Seth) A. Jamali Dinan, Chief Executive Officer
Annette Iribarren, Corporate Secretary & Senior Controller William Davenport, Chief Financial Officer
Jeffrey Rua, Vice President
Years with Company
Seyed (Seth) A. Jamali Dinan: 13 years
Annette Iribarren: 30 years
Jeffrey Rua: 3 years
Telephone and Fax Numbers Phone #
(562) 270-9500
Fax #
(562) 863-5723
Name, Title, Phone No., and Email
of Contact Person for the Proposal
Seyed (Seth) A. Jamali Dinan
(562) 270-9500
[email protected]
Average # of Employees with the
Firm 180
WebVen # 13999601
327
TAB 3
Staffing Resources:

Firm Staffing & Key Personnel
328
Firm: LEED Electric, Inc.

Project: On-Call Water Facilities Electrical Systems & Master Planning Services (1955) Date: 11/07/2025
Staffing Resources:
(i) Staffing Capacity and Assigned Personnel
Our firm will assign a dedicated project team to perform the Services, consisting of the following staff:
• [John Hogan] – Division Executive
• [Cody Engelhardt] – Director of Field Operations
• [Samer Al Sibai] – Project Manager
• [Jeffrey Rua] – VP of Sales
• [Ivan Delgado] – Project Engineer
• [Kaycee Harland] – Administrative/Bid Coordinator
• [Lashawn Lugo] - Contracts Support
We maintain a scalable internal workforce and have the capacity to allocate additional qualified personnel as project requirements increase. Our firm can also draw from a pre-qualified subcontractor and internal labor pool to support workload surges or specialty tasks as needed. (ii) Principal Points of Contact
The following three individuals will serve as the primary representatives to the City:
• [Seth A. Jamali-Dinan] – Chief Executive Officer
• [Samer Al Sibai] – Project Manager
• [Jennifer Montgomery] – Proposal Manager
All principal individuals will attend interviews and in-person presentations if selected as a finalist. (iii) Team Organization and Key Personnel Roles
The proposed organizational structure is designed to ensure efficient communication, accountability, and responsiveness:
• Project Executive – Executive oversight and strategic direction • Project Manager – Project delivery, coordination, and reporting • Lead Estimator/Technical Lead – Cost development and quality control • Project Engineer – Technical and administrative support • Administrative Support – Document control and compliance management (iv) Team Biographies
Brief biographies for each key team member are included below, highlighting relevant experience and qualifications.
329
Seyed (Seth) A. Jamali-Dinan – Chief Executive Officer:

As CEO of LEED Electric, Mr. Jamali Dinan enhances the company’s leading posture in the industry by implementing new strategies and technologies in the field and for in-house operations. He is responsible for leading the company into new product development and new market expansion, assuring its continued growth and prosperity. Mr. Jamali Dinan oversees all aspects of company operations including: sales, estimating, project management, accounting, purchasing, contact administration, project development, customer relations, and employment development for all employees. Mr. Jamali Dinan has over 18+ years of experience in the field of general and electrical contracting and provides the intuitive real and nuanced insights needed to detect and assess the most inconspicuous challenges and undefined subtle issues and exact the precise solution for any situation.

Mr. Jamali Dinan actively serves as the guiding influence to the entire management team as well as the other members of the firm. Mr. Jamali Dinan obtained his Electrical Engineering degree from the University of Nottingham in the UK in 1999 later on attending the University of Southern California (USC) receiving his MS in Construction Management in 2006. Prior to joining LEED Electric, Mr. Jamali Dinan worked as a Project Manager for over 14 years for a major General Contractor in the US and successfully completed construction projects ranging from $32M to a high end of $225M in value.

John Hogan – Division Executive:

Mr. Hogan joined LEED Electric in February 2024 as the Division Executive for Los Angeles County area and Special Projects to provide operational oversight for client management, financial and reporting issues, develop corporate policies and procedures and workforce planning and analysis. Mr. Hogan joins our Executive Team, which includes the CEO, CFO, the Division Vice President and Vice President of Sales. Mr. Hogan joins LEI with an Electrical Engineering Degree from Gonzaga University and over 35 years’ experience in the construction industry as a Project Manager, Lead Estimator, Project Executive and Division Executive. Project experience includes multiple projects in the transportation industry including over $400M of work with LAX, the Ports of Los Angeles and Long Beach, the MTA and the Alameda Corridor. Additionally, experience includes multimillion dollar projects for LADWP, Utility Grade Solar, numerous Industrial Water/Wastewater clients including MWD, EMWD, WMWD and others.

We look forward to his leadership and mentorship of the younger generation of Electrical Project Managers.

Jeffrey Rua – Vice President of Sales:

Mr. Rua joins the LEED Estimating Division in November 2023 with over 30 years in the construction industry in local, national, and international markets. Revenue capture with emphasis on heavy, industrial, and commercial electrical construction. Executive leadership: a teacher and mentor, committed to building the next generation of specialty construction professionals. 330
Cody Engelhardt – Director of Field Operations:

Mr. Engelhardt joined the LEED team in July 2020, as our Orange and Riverside County Superintendent.

He is a state certified, journeyman electrician with over 10 years of experience in the electrical industry. The projects that Mr. Engelhardt has been involved with have ranged from small single-owner operations to Fortune 500 companies. Mr. Engelhardt is a goal-oriented individual with a customer service focus, he thrives in high energy, fast-paced work environments and enjoys working with others.

His background includes all facets of electrical construction from ground up, to tenant improvement projects and service jobs as a journeyman and a foreman electrician. Mr. Engelhardt is extremely organized and adept in keeping records from project tracking to crewmember staffing logistics. Some of the projects Mr. Engelhardt has completed and/or been involved with are Tustin Fire Station #37, Berth 200 PV System, Vista/ Valley Substation Control Building for Southern California Edison, Crafton Hills Pump Station, as well many more, such as Irvine Valley College - Technology Building, B. Braun Pharmaceuticals - Mixing Tank Replacement 2017 & 2018. His qualifications are: California State License Number #153070, OSHA 10 & 30, First Aid/CPR trained, Heat Illness, Arc Flash/Energized Work, QSP and Confined Space trained. Mr. Engelhardt is a great leader to our Orange County crews and has been recognized with a promotion most recently in April 2024 to Director of Field Ops. He’s a great example to our younger staff that shows how years of hard work can pay off! Samer Al Sibai – Project Manager:

Samer joined the LEED Electric Team in March 2023, bringing with him several years of experience in Construction and Project Management; with a Bachelor of Science in Electrical Engineering from Homs State University, he has over 18 years of experience working on industrial and commercial projects across the USA and UAE. He started his career in Dubai / UAE with Omega Engineering PJSC, where he contributed to the completion of four different Skyrise buildings at the Jumeirah Lakes Towers. He then transitioned to Drake & Scull International PJSC, overseeing the Emirates Mall Expansion Project and Sahara Mall Expansion Project. Upon relocating to the USA, he further honed his skills with Neal Electric, working on multiple industrial projects like Terminal Island Water Reclamation Plant, Long Beach Pump Station, and LA METRO, before joining Helix Electric, where he contributed to projects such as the LAX Airport Midfield Satellite Concourse (MSC) North Project and the Amazon LAX35 Building Project. Samer's role includes a wide range of responsibilities, within construction projects; these include a review of specifications and drawings, diligent monitoring and management of construction progress, and the financial aspects of the project. Additionally, he actively participates in the final testing and commissioning process, ensuring smooth project execution within designated budgets and timelines. He has experience in various project management tools and platforms such as PlanGrid, BlueBeam, AutoCAD, Navisworks Freedom, CMiC, Oracle Textura, Accubid ChangeOrder, Procore, Spectrum Construction, Aconex, Kahua, Job Walk, and VEO HQ. We are happy to have Samer on our team and look forward to a great future, currently he is managing several projects in Orange County, most importantly a PRIME Bid for LEED for the City of Garden Grove SCADA Master Plan Implementation.
331
Ivan Delgado – Project Engineer
Mr. Delgado graduated from Cal Poly Pomona with a Bachelor of Science in Construction Engineering & Management, with a specialization in pre-construction
and project management. Throughout his academic tenure, Mr. Delgado actively engaged in projects aimed at honing practical skills in these areas. Notably, he collaborated with industry leader Cordoba to enrich the curriculum with real-world applications. Upon joining LEED Electric full-time in March 2023, Mr. Delgado assumed a crucial role in tracking project RFIs, submittals, change orders, material buyouts, and procurement activities. At LEED Electric, Mr. Delgado plays a pivotal role in ensuring the smooth progress of projects by meticulously tracking and managing RFIs, submittals, and change orders. He demonstrates exceptional proficiency in coordinating material buyouts and procurement processes, ensuring timely acquisition of resources essential for project execution. With his specialized focus, industry experience, and comprehensive skill set, Mr. Delgado continues to make significant contributions to LEED Electric's projects. His expertise in project tracking and procurement activities underscores his value as an integral member of the team, positioning him for continued success and advancement in the construction industry.

Kaycee Harland – Administrative / Bid Coordinator:

Kaycee Harland is an Estimating Coordinator with experience supporting large-scale electrical construction bids through document control, subcontractor outreach, and proposal preparation. She has a strong background in purchasing, accounts payable/accounts receivable, and project administration within the electrical contracting industry. Kaycee is skilled in reviewing plans and specifications, coordinating vendor communication, and organizing accurate bid packages and logs. She is proficient in standard office and industry software including Microsoft Office, Bluebeam, Procore, QuickBooks, Sage, and NetSuite. With a commitment to accuracy, organization, and timely execution, she contributes to efficient estimating workflows and successful bid submissions.

Lashawn Lugo – Contracts Specialist:

LaShawn Lugo is a seasoned Contracts Specialist with more than ten years of experience supporting procurement, contract administration, and compliance processes in both public and private sectors.

She is skilled in drafting, reviewing, and negotiating contract terms, managing vendor relationships, and ensuring adherence to organizational and regulatory requirements. LaShawn brings expertise in document control, contract lifecycle management, and coordinating with cross-functional teams to support efficient project delivery. Known for strong attention to detail and a thorough understanding of contract procedures and risk mitigation, she contributes to streamlined operations and successful contract execution.

Ivan Delgado - Project Engineer:
332
TAB 4
Fiscal Stability:
333
TAB 5
Experience & Technical
Competence:
a. Experience
b. Project Specific Experience
c. Technical Competence
334
> Experience & Technical Competence
a. Experience
(i) Relevant Experience and Capabilities
LEED Electric, Inc. has over 45 years of experience providing full-service electrical and instrumentation contracting throughout Southern California. Our firm has successfully completed numerous projects for public agencies involving water/wastewater treatment facilities, pump stations, and infrastructure upgrades—services directly aligned with the goals of this RFQual.

Our experience encompasses:
• Electrical and Instrumentation Construction for water and wastewater treatment facilities. • SCADA and Control System Integration, including PLC programming and commissioning. • Medium- and Low-Voltage Power Distribution, MCC installations, and conduit/raceway systems.
• Design-Build and Design-Bid-Build Delivery for municipal, county, and state clients.

LEED Electric’s team consistently provides reliable, cost-effective solutions that meet City standards, safety regulations, and project timelines. Our proven technical competence, attention to detail, and proactive communication ensure high-quality results for every project. (ii) Experience of Assigned Staff
The LEED Electric project team proposed for this work consists of experienced professionals with specialized expertise in public infrastructure and water/wastewater facilities. • Project Managers and Superintendents – Skilled in coordinating with City staff, design engineers, and inspectors to ensure project efficiency, code compliance, and adherence to City of Ontario standards.
• Estimators and Project Engineers – Experienced in detailed takeoffs, specification review, and cost control specific to public works electrical scopes. • Electricians and I&C Technicians – Qualified and certified professionals proficient in the installation, calibration, and testing of process control systems, power distribution, and communication networks.

Our team’s combined technical background ensures the ability to anticipate field challenges, maintain safety standards, and deliver high-performing electrical systems for municipal applications. (iii) Years in Business
LEED Electric, Inc. was established in 1976 and has been in continuous operation for over 45 years.

The company has extensive experience providing electrical and instrumentation services to public agencies across Southern California, meeting or exceeding all client performance expectations. 335
(iv) Representative References
Client No. 1
Client Name County of Los Angeles, Department of Public Works Contact E-mail, Telephone No.
and Address
Adam Lee
(626) 458.6185
[email protected]
900 S Fremont Ave
Alhambra, CA 91803
Client No. 2
Client Name City of Santa Ana
Contact E-mail, Telephone No.
and Address
Juan Ramirez
(714) 647.3377
[email protected]
220 S. Daisy Ave
Santa Ana, CA 92703
Client No. 3
Client Name Mesa Water District
Contact E-mail, Telephone No.
and Address
Andrew D. Wiesner, P.E.
(949) 207.5458
[email protected]
1965 Placentia Ave
Costa Mesa, CA 92627
Client No. 4
Client Name Irvine Ranch Water District
Contact E-mail, Telephone No.
and Address
Jacob Moeder
(949) 453.5544
[email protected]
15600 Sand Canyon Ave
Irvine, CA 92618
Client No. 5
Client Name Metropolitan Water District of Southern California Contact E-mail, Telephone No.
and Address
Joe Robles, P.E.
(909) 392.2586
[email protected]
700 Alameda Street
Los Angeles, CA 90012
Client No. 6
Client Name Sanitation District of Los Angeles County
Contact E-mail, Telephone No.
and Address
Jelmer Torres
(562) 699.7411
[email protected]
1955 Workman Mill Rd
Whittier, CA 90601
336
(v) Local Experience and Knowledge of the City of Ontario LEED Electric, Inc. is headquartered in Santa Fe Springs, California, with project experience across the Inland Empire, including multiple public works and infrastructure improvements for the City of Ontario and neighboring jurisdictions.

Our firm is familiar with:
• City of Ontario’s standard specifications and electrical codes for municipal infrastructure. • Coordination with City Public Works and Engineering staff, including inspection and permitting processes.
• Local utility requirements and regional subcontractor networks, allowing efficient project delivery and cost control.

Our longstanding presence and understanding of the City’s operational standards ensure seamless collaboration, responsive service, and consistent adherence to project goals. b. Project Specific Experience:

Project No. 1
Project Name Electrical Repair and Rehabilitation Program Location Santa Ana, CA
Owner City of Santa Ana
Project Manager Name
E-mail and Telephone No.

Cesar E. Barrera, P.E.
(714) 647-3387
[email protected]
Contract Value
(including change orders) $676,673.00 Annually
Brief Description of Firm's Scope of
Work for the Project
Provide labor, materials, and equipment necessary to repair, replace, and install existing and new electrical systems as required for the following types of facilities: Water Booster Stations, Sewer Lift Stations, Water Reservoir Sites, Pressure Control Stations, Well Sites. Which consists of Repair or replacement of motor control stations (up to 480 volts), Repair or replacement of exterior wiring, interior wiring, conduit, solid state soft starters, variable-frequency drives (VFD), motor controls, switch gears, fuses, electrical circuit boxes, transformers, etc. Trouble shooting of existing electrical wiring and appurtenances, new installations of electrical wiring and appurtenances, Telecommunication installations and Technical electrician support to City Staff as necessary.

Completion Date December 2021
337
Project No. 3
Project Name On-Call Instrumentation and Electrical Maintenance Support Services Location Long Beach, CA
Owner Water Replenishment District of Southern California Project Manager Name
E-mail and Telephone No.

Jessica Koop, P.E.
(562) 275-4219
[email protected]
Contract Value
(including change orders) $500,000.00 Annually
Brief Description of Firm's Scope of
Work for the Project
Electrical & Instrumentation Maintenance, consisting of, running new or replacing circuits in all types of conduits, including power and lighting, Installing or repairing instruments, Calibrating instruments, Installing or replacing electrical equipment and gear, Lighting systems and lighting control systems, Receptacles, switches, data and telephone cables, Emergency lighting equipment, Motors, MCC panels, Electrical breakers repair/replacement, VFD and soft starters repair/replacement, Various maintenance support services and Routine/preventative equipment maintenance.

Completion Date 3 Year Contract – 2020-2023 – Awarded Again 2023-2025 Project No. 2
Project Name On-Call Electrical Contracting
Location Costa Mesa, CA
Owner Mesa Water District
Project Manager Name
E-mail and Telephone No.

Karyn Igar, PE
(949) 207-5452
[email protected]
Contract Value
(including change orders) $100,000.00 Annually
Brief Description of Firm's Scope of
Work for the Project
Electrical & Instrumentation Maintenance, Repairs and Replacement for all of Mesa Water Districts Well Sites and Reservoir Site. Required experience with potable water treatment and distribution. Emergency and Preplanned repairs.

Completion Date 5 Year Contract – 2018-2023
338
c. Technical Competence:
(i) Description of In-House Resources
LEED Electric, Inc. maintains robust in-house resources that support the efficient delivery of complex electrical and instrumentation projects. Our estimating, design support, and project management teams utilize advanced software and digital tools to ensure precision, coordination, and timely execution.
• Computer Capabilities & Software Applications:
o Estimating: Bluebeam Revu, and Trimble Accubid for accurate takeoffs and cost modeling.
o Design Support: AutoCAD and Revit for electrical layout review and coordination with design teams.
o Project Management: Procore and Microsoft Project for scheduling, document control, and team collaboration.
o Administrative & Communication Tools: Microsoft 365 Suite and Adobe Acrobat for documentation, reporting, and communication efficiency.

Our internal network infrastructure supports high-speed data exchange and secure cloud-based file sharing, enabling seamless collaboration between office and field personnel. (ii) Multi-Disciplinary Staff Capabilities
LEED Electric has the ability to draw upon a multi-disciplinary team of professionals to address the full scope of services requested under this RFQual. Our team includes:
• Licensed Electricians and Field Supervisors experienced in industrial and municipal infrastructure, water/wastewater treatment, and public works projects. • Instrumentation & Controls (I&C) Specialists skilled in PLC programming, SCADA integration, and process automation.
• Estimators and Project Engineers are proficient in design-build and design-bid-build project delivery.
• Safety and Quality Control Personnel ensuring compliance with all regulatory, environmental, and owner-specific standards.

This integrated structure allows LEED Electric to manage all phases of a project—from preconstruction planning through system commissioning—with a high degree of technical accuracy and responsiveness. 339
TAB 6
Proposed Method to
Accomplish the Work:
340

PROPOSED METHOD TO ACCOMPLISH THE WORK
Date: 11/07/2025
City of Ontario
Purchasing Department
303 East “B” Street
Ontario, CA 91764-4196
Subject: Proposed Method to Accomplish the Work – On-Call Water Facilities Electrical Systems and Master Planning Services (RFQual No. 1955)
To Whom It May Concern:

LEED Electric, Inc. is pleased to submit our proposed method and approach for providing on-call electrical systems and master planning services to the City of Ontario Municipal Utilities Company (OMUC). Our team’s approach is structured to ensure high-quality deliverables, efficient project execution, and effective collaboration with City staff throughout the threeyear contract period.

1. Project Understanding
We recognize the City’s objective to develop a unified set of Master Electrical Guidelines, Standard Plans, and Specifications (MSEGPS) for water and sewer facilities including production wells, treatment plants, booster and pressure-reducing stations, reservoirs, and lift stations. These standards will form the foundation for consistent design, construction, and commissioning practices, ensuring reliability, safety, and cybersecurity compliance across all OMUC assets.

2. Technical Approach
Our methodology emphasizes technical accuracy, coordination, and constructability:
• Assessment & Information Gathering: Conduct field visits and staff interviews to document existing conditions, operational practices, and control strategies.
• Gap Analysis: Review existing standards and specifications to identify opportunities for improvement and alignment with AWWA, ISA, IEEE, and NFPA standards.
• Development of Design and Construction Standards: Prepare templates and standard details for I&C, P&ID, and SCADA systems incorporating ISA 5.1 and ISA 112 standards. • Electrical & SCADA Master Planning: Develop a City-wide master plan that integrates electrical power systems with SCADA and cybersecurity strategies.
• QA/QC and Commissioning Support: Provide peer review, risk assessment (HAZID/HAZOP), and commissioning support for task-order projects to ensure quality, safety, and schedule adherence.

3. Management Approach
Our team will maintain open communication and structured project management practices to support OMUC staff:
• Task Order Management: Each assignment will begin with a detailed scope, budget, and schedule developed in coordination with the City’s Project Manager.
• Coordination and Meetings: We will hold regular progress meetings, track milestones, and document all action items.
• Quality Assurance: All deliverables will undergo internal QA/QC reviews to ensure compliance with City standards. • Schedule and Budget Control: Monthly progress reports will identify accomplishments, upcoming tasks, and cost tracking to maintain transparency.
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4. Deliverables and Schedule
Deliverables will include assessment reports, SOPs, design guidelines, and standard plans/specifications submitted in draft and final forms. Each task order will have a mutually agreed timeline, ensuring responsiveness to City priorities and operational needs.

5. Commitment to the City of Ontario
Our firm is committed to partnering with the City to enhance operational reliability, reduce long-term maintenance costs, and ensure system standardization across OMUC’s facilities. We bring a multidisciplinary team with deep experience in water utility electrical, I&C, and SCADA systems and look forward to contributing our expertise to the City’s infrastructure goals.

Respectfully submitted,
Seyed A. Jamali-Dinan
Chief Executive Officer
City of Ontario Business License No.: 12438682
DIR Registration No.: 1000004633
342
TAB 7
Hourly Rate
Schedule:
343
TAB 8
Insurance:
344
TAB 9
Litigation:
345
(532) 270-9500
Litigation History
LEED Electric, Inc. has not been engaged in direct litigation in the previous 5 years.

I, the undersigned, declare and affirm that the information represented above, to my knowledge, is true, accurate and complete.
11/07/2025
Signature Date
Seyed A Jamali-Dinan, CEO
Name & Title
346
TAB 11
Certification of Proposal:
347

CERTIFICATION OF PROPOSAL LETTER
Date: 11/07/2025
City of Ontario
Purchasing Department
303 East “B” Street
Ontario, CA 91764-4196
Subject: Certification of Proposal – On-Call Water Facilities Electrical Systems and Master Planning Services (RFQual No. 1955)
To Whom It May Concern:

The undersigned hereby submits this proposal and, by doing so, agrees to furnish professional services to the City of Ontario in accordance with the terms, conditions, and requirements of the Request for Qualifications (RFQual) for On-Call Water Facilities Electrical Systems and Master Planning Services, and to be bound by all terms and conditions set forth therein.

The undersigned further certifies that:

1. The information contained in this proposal is true and correct to the best of our knowledge.

2. The proposal is genuine and not collusive or made in the interest of, or on behalf of, any person not named herein.

3. The proposer has not directly or indirectly induced or solicited any other proposer to submit a sham proposal, or any other person to refrain from submitting a proposal.

4. The proposer has not sought by collusion to secure any improper advantage over any other proposer or to gain any advantage or benefit from the City of Ontario.

5. The proposer has reviewed and will comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of any agreement awarded as a result of this solicitation.

Respectfully submitted,
_________________________________________
Seyed A. Jamali-Dinan
Chief Executive Officer
LEED Electric, Inc
12333 Los Nietos Rd.

Santa Fe Springs, CA 90670
City of Ontario Business License No.: 12438682
DIR Registration No.: 1000004633
348
TAB 12
Appendices:
349
www.leedelectric.com 1
LEED: 3 years
LOCATION: Orange County, CA
Mr. Jeff Rua serves as Vice President of Estimating for LEED Electric, bringing over 30 years of experience in electrical estimating, preconstruction, and cost management for complex industrial, water, wastewater, and public infrastructure projects across Southern California.

He has held senior estimating leadership roles with several major electrical contractors, overseeing conceptual estimating, bid development, and value analysis for large-scale design-build and progressive design-build projects.

For the OC SAN Headworks Electrical Distribution Improvements Project, Mr. Rua will lead Phase 1 cost model development, detailed estimating, and procurement planning, and will support Phase 2 price development and open-book GMP negotiations, ensuring accuracy, constructability, and cost alignment throughout the project.

RELEVANT PROJECT EXPERIENCE:
▪ OCSAN, Seal Beach Pumping Station Replacement Project ▪ City of Santa Barbara, El Estero Water Resource Center Electrical District ▪ Port Of Los Angeles, Berths 302-305 On-Dock Railyard Expansion ▪ POLA (Bid # 25113) Avalon Pedestrian Bridge

JEFF RUA
VP of Sales

EDUCATION &
CERTIFICATIONS:
▪ N/A

LICENSES /
REGISTRATIONS:
▪ N/A

EMPLOYMENT
HISTORY:
▪ Sturgeon Electric
Chief Estimator
2019 – 2022
▪ A-C Electric
Chief Estimator
2018 – 2019
▪ Neal Electric Corp
Vice President, Estimating
2016 – 2018
▪ Dynalectric
Vice President -
Estimating
2012 – 2016
REFERENCES:
▪ JF Shea Construction
Jeff Zolinger
(951) 453-7392
▪ Mountain Cascade
Glenn Lamoreaux
(925) 373-8370
▪ LA County Sanitation
District
Jelmer Torres
(562) 783-8187
San Jose Creek Project
350
29038 MANGO CT., LAKE ELSINORE, CA 92530
(951) 230-3122 CENGfl HARDT CE@GMAU COM
CODY A. ENGELHARDT

OBJECTIVE
To join a team where I can utilize my training and experience as an electrician and a leader.

FUNCTIONAL SUMMARY
A state certified, journeyman electrician with over 10 years of experience in the electrical industry. The projects that I have been involved with have ranged from small single-owner operations to Fortune 500 companies. I am a goal oriented individual with a customer service focus. I thrive in high energy, fast-paced work environments and enjoy working with others. My background includes all facets of electrical construction from ground up to tenant improvement projects and service jobs as a journeyman and a foreman. I am organized and adept in keeping records.

SUMMARY OF QUALIFICATIONS
Dynalectric - Los Alamitos, CA - 10 years to date
Selected Project Experience as a Foreman:

Tustin Fire Station #37
Tustin Fire Station #37 is a 10,000sq. ft. building that includes a three-engine apparatus bay, dorm rooms and an expansive kitchen. This ground up project had several systems to keep it functional to include an alerting system, GPS system, exhaust evacuation system and a traffic interconnecting system.

Berth 200 Photovoltaic System
Berth 200 is a maintenance rail yard and storage facility of 38 acres in the Los Angeles Port. The rail yard maintenance building has a 75kw photovoltaic system on the roof. This project took precise scheduling and prep work for the safety of my crew and played an important role in meeting the deadline and budget. 351
Vista/ Valley Substation Control Building for Southern California Edison SCE Vista and Valley substations are 10,000 sq.ft. switching control buildings that aid SCE with monitoring and maintaining the utilities to Riverside and San Bernardino cities. These projects were ground up construction with multiple systems involved. There was a state of the art security system installed called NERC-CIP. It took extensive design build in the field to incorporate this system into the building, based on customer needs and standards that were already in place.

Being a part of constructing a facility with-in a utility company took well managed coordination with the transition between ECS standards and industry standards.

Crafton Hills Pump Station
Crafton Hills pump station was utilized to pump raw water to much of the states Riverside and San Bernardino counties. The project consisted of a switching yard for electrical utilities, an office building and a completely new electrical control system.

The scope required gutting the entire electrical system and integrating old system components with new equipment. The installation included the program logic testing, and ensuring the entire plant comes back online at the end of the outage.

Substantial Projects with other Electrical Contractors
Irvine Valley College - Technology Building
Blythe 21 Solar Project - 21 megawatt PV System
Golden State Foods - Syrup Cryovac System
BBraun Pharmaceuticals - Mixing Tank replacement 2017 & 2018 Training and Certifications:

California State License Number #153070
Cal OSHA 10
Cal OSHA 30
First Aid/CPR
Trench, Shoring, and Excavation
Fall Protection

EMPLOYMENT
Heat Illness
Arc Flash/ Energized Work
Qualified Safety Person (QSP)
Harassment Training for Supervisors
Confined Space
AWP/ Forklift certified
Jul 8, 2005 - Nov 1, 2009 - Gilbert & Stearns Electrical, Santa Ana, CA Inside Wireman

EDUCATION
IBEW/NJATC - Orange County Electrical Training Trust
352

5839 Christopher Street, San Bernardino, CA 92407 * Phone 808-344-1466 Cupertino Electric, Inc. – Whittier, CA
Project Executive 2020 - Present
• As PX I have been responsible for managing from 2-3 Project Managers and staff and estimating for multiple water treatment plant projects including the Arcadia Water Treatment Plant in Santa Monica, $10M Design Build Project; WMWD Cajalco Upgrades, $5M; EMWD Design Build projects at 5 sites including Perris, San Jacinto, Moreno Valley and Sun City locations; LADWP Silver Lake Phase 2 & 3; CVWD; Apple Valley Water District; and Tustin Simon Ranch. My primary focus has been on building a cohesive team that is capable of successively completing design build projects on time and under budget.

Cupertino Electric, Inc. – Whittier, CA
Project Executive 2013 - 2019
• As PX I was responsible for managing from 3–5 Project Managers along with their staff for $70M of work primarily at LAX and POLA, reviewing projections and forecasts, training and developing the skills of multiple teams. Projects Additional responsibilities include coordination with General Contractors to coordinate bids and expand relationships from the bid process to the close out of projects.

Fisk Electric Company (Tutor-Saliba Corp.) – Sylmar, CA Senior Project Manager 2011 - 2013
• Report to Vice President of Fisk Electric Company. Monitor, maintain and expedite subcontractor performance in accordance with Subcontract requirements. Monitor Submittals, RFIs, and PCO logs and pricing submissions. Manage project cost accounting, financial projections and billing. Responsible for training of Project Management and Project Engineer staff.

Powerco Electric Company (Tutor-Saliba Corp.) – Sylmar, CA Senior Project Manager 2008 - 2011
• Transition from in-house electrical at TSC to acquisition of Powerco Electric and assisted President with the re-organization of management structure and implementation of improved procedures, documentation and controls for cost reporting, project management, engineering, productivity, safety and quality assurance, including integration with TSC standards.
• Managed multiple projects with onsite staff of 6 plus IBEW field crew of up to 35 men.
• $1 Million Port of Long Beach Pier A West Interim/Source Removal Action
• $11 Million and $17 Million LAUSD Valley and South Region High Schools.

Tutor-Saliba Corporation – Sylmar, CA
Project Manager/Estimator, Electrical Operation 2007 - 2008 • As Lead Estimator was responsible for complete takeoff in conformance with the plans and specifications including providing scope for Subcontractors and vendors and solicitation of quotes. Prepare plan for onsite staff and general condition requirements. Created spreadsheet to calculate manpower projections and a determination of crew allocation. • Lead estimator for the following projects:
• $42 Million MWD F.E. Weymouth Water Treatment Plant,
• $39 Million Robert Diemer Water Treatment Plant,
JOHN M. HOGAN
Project Executive
Education & Training
BSEE
Gonzaga University
OSHA 30
Professional Experience
2020 – Present
CSI Electrical Contractors, Inc.

Project Executive
2013 – 2019
Cupertino Electric, Inc.

Project Executive
2007 – 2013
Tutor-Perini Corporation
 2011 - 2013
Fisk Electric Company
Senior Project Manager
 2008 – 2011
Powerco Electric Corp.

Senior Project Manager
 2007 – 2008
Tutor-Saliba Corporation
Project Manager/Estimator
2006 – 2007
American Electric Co, LLC.

Project Manager
2003 – 2006
Steiny & Company, Inc
Project Manager
2000 – 2003
Amelco Electric SF, Inc.

Project Manager
1994 – 1999
353

5839 Christopher Street, San Bernardino, CA 92407 * Phone 808-344-1466 • $3 Million Hyperion Water Treatment Plant,
• $33 Million Harden Electrical Upgrade – Guam,
• $5.5 Million Lancaster Recycled Water Pump Station,
• $16 Million UCLA Life Sciences Building,
• $15 Million McCarran Airport CUP – Las Vegas. Additionally, assisted with several estimates for CalTrans, LAUSD, McCarran Airport, and various other industrial projects.

American Electric Co., LLC – Kahalui, HI
Project Manager 2006 - 2007
• Project Manager for $3.8 Million Maalaea 20 MW Unit 18 Power Plant Expansion “turn-key” installation including control systems, internal power distribution, and primary output distribution up to the substation/transmission grid.
• $3.7 Million Royal Lahina Hotel Renovation Project;
• $500 Thousand State Civil Defense Project; Numerous smaller projects ranging to $300 Thousand.

Steiny & Company – Los Angeles, CA
Project Manager 2003 - 2006
• Project Manager for $1.7 Million USCSB Student Union
Renovation/Expansion;
• $2.5 Million Tom Bradley International Terminal, (TBIT), Fire Life Safety Upgrade Project finishing on time despite over $1 Million in Owner directed changes in the last 6 months of the project;
• $3.2 Million POLB CCTV Project required a presentation of the project scope to over 30 Port of Long Beach tenants as well as coordination and scheduling of subsequent construction access with all tenants and multiple subcontractors.

Amelco Electric SF, Inc. – Los Angeles, CA
Project Manager 2000 - 2003
• Project Manager for $4.5 Million Henry Ford Avenue Grade Separation Rail Project consisting of construction of a new two track railroad viaduct over Dominguez Channel south of Anaheim Street.
• Assistant Project Manager for the Alameda Corridor Transportation Authority $71 million Design/Build Subcontract to Design/Furnish/Install new Grade Crossings, Traffic Signals, Railroad Signal and Radio/Communication Systems for 26 mile R.O.W. relocation including 60 miles of track, 10 miles of Trench, 30 Bridges, 26 RR Signal Control Points, 20 Railroad Grade Crossings. Designed pump station power and instrumentation package for LA County Zoe Avenue Pump Station.

L.K. Comstock - Los Angeles, CA
Project Manager/Project Engineer 1994 – 1999
• Project Manager for two $3.5 Million MTA Red Line Subway Stations. • Project Engineer on the $4.7 Million Elf Atochem F134a Project.

Responsibilities included identifying and negotiating all contract change orders, development of lift drawings and riser diagrams for the installation of instrumentation conduit and cost to complete estimates. • Project Engineer on the $20 Million American Fiber Resources Deinking Project. Responsible for review of the structural, mechanical and JOHN M. HOGAN

SENIOR PROJECT

MANAGER
Fisk Electric Company
1994 - 1995
Fischbach and Moore
Project Engineer
1991 – 1993
Morrison Knudsen
JOHN M. HOGAN

SENIOR PROJECT

MANAGER
Fisk Electric Company
1994 - 1995
Fischbach and Moore
Project Engineer
1991 – 1993
Morrison Knudsen Corporation
Project Engineer
354

5839 Christopher Street, San Bernardino, CA 92407 * Phone 808-344-1466 electrical design while directing a staff of 2 engineers and 1 clerk to run a cable management/installation coordination program that insured all turnover schedules were met despite a 3-month owner delay.

Fischbach and Moore – Shinnston, WV
Project Engineer 1993 – 1994
• Field Engineer on the $25 Million Shinnston Power Station. Directed a staff of 4 clerks and 1 engineer to track a 20,000-record database for cable installation, termination, testing and turnover. Provided job documentation of delays and impacts that assisted management team in negotiating a $12 Million lump sum contract to a cost plus final value of $25 Million.

Morrison Knudsen Corporation - Puyallup, WA
Project Engineer 1991 – 1993
• Responsible for craft layout and support, power distribution conduit and supports design, cable tray layout, and QA/QC.
355