Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers.
Additionally, members of the public may submit electr onic inquiries or comments by submitting emails to [email protected]
In compliance with the Americans with Disabilities Act, if you require a reasonable accommodation to participate in this meeting, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during no rmal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such docu ments will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TELECONFERENCE LOCATION: 6681 WHEATON STREET, CHINO, CA 91710 TUESDAY JANUARY 18, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
1. Edward C. Acosta v. City of Chino, et al. 5:18-CY-0914-DSF (KK).
2. Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20-cv-01116-MCS-SP)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
1. Number of Cases: One Case.
FLAG SALUTE
NOTE: This agenda was updated at 10 a.m. to include the prepared Map 105. The prepared map begins on PDF page 19.
CHINO CITY COUNCIL
JANUARY 18, 2022 2
PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
1. 2021-2022 Redistricting Process. Review, consider, and discuss the draft maps received by the City and provide direction to staff.
Staff Report by: Jack Morgan, Assistant to the City Manager and Jeff Simonetti, National Demographics Corporation.
RECOMMENDATION: 1) Conduct the public hearing, and 2) consider and discuss t he draft maps received by the City and provide direction to staff.
CEREMONIALS
Business of the Month Award - Inkind Thrift
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general publ ic to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Counc il policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.0 90) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests tha t an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 758271 to 758452, and Electronic Fund Transfers 514419E to 514490E, totaling $4,827,590.54.
2. Minutes
a. Minutes - Regular Meeting of January 4, 2022 (All Members Present) b. Minutes - Special Meeting of January 4, 2022 (All Members Present)
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
CHINO CITY COUNCIL
JANUARY 18, 2022 3
4. Opioid Mitigation Resolution. Adopt Resolution No. 2022 -008, memorializing the City of Chino and Chino Police Department's commitment and strategy to mitigate and alleviate the effects of the opioid epidemic.
5. Annual Adoption of City of Chino an d Successor Agency Investment Policy . Adopt City Resolution No. 2022-009 and Successor Agency Resolution No. 2022-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
6. Amendment to Professional Services Agreement for P roject No. R2071 - Benson Avenue Sewer Lift Station and Forcemain Design Services . Approve Amendment No. 5 to Professional Services Agreement No. 2020-146 with Transtech Engineers, Inc., Chino, CA in an amount not- to-exceed $30,000.00 for additional engin eering and construction support services for Project R2071.
7. Professional Services Agreement - ADA G rievance Curb Ramps at Olive Place and Walnut Avenue. Vendor cap increase and award a contract in the amount of $21,280.00 to Transtech Engineers, Inc., for ADA Grievance Curb Ramps at Olive Place and Walnut Avenue Project Design Services.
NEW BUSINESS
8. Award of Contract for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations .
Award a contract to Sancon Technologies, Inc. Huntington Beach, CA in the amount of $1,061,750.00 for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Approve a Sewer Fund (530) budget transfer of $174,121.00 from Project No. SW213 to Project No. SW220; 2) approve an increase of $174,121.00 to Project No.
SW220 for an amended project budget of $1,674,121.00; 3) award a construction contract in the amount of $1,061,750. 00 to Sancon Technologies, Inc., Huntington Beach, CA for Project No.
SW220 - Sewer Reline FY2021/22 at Various Locations; 4) authorize expenditures of up to $106,175.00 for construction contingency, bringing the total potential contract amount not -to- exceed $1,167,925.00; 5) approve up to $106,175.00 in construction management and $53,088.00 for inspection costs; and 6) authorize the City Manager to execute the necess ary documents on behalf of the City.
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
CHINO CITY COUNCIL
JANUARY 18, 2022 4
9. Community Support Contributions . Approve a community support fund contribution i n the amount of $500 to Boy Scout Troop 205.
Report by: Council Member Flores.
RECOMMENDATION: Approve community support fund contribution to Boy Scout Troop 205 in the amount of $500.
M _____ S _____ RC _____
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, February 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Friday, January 14, 2022 this agenda was posted on the south window of Chino City Hall and this agen da together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER AND
JEFF SIMONETTI, NATIONAL DEMOGRAPHICS CORPORATION
SUBJECT: 2021-2022 REDISTRICTING PUBLIC HEARING.
RECOMMENDATION
1) Conduct the public hearing , and 2) c onsider and discuss the draft maps received by the City and provide direction to staff.
FISCAL IMPACT
No fiscal impact associated with this action.
4.1 PUBLIC HEARING
Packet Pg. 5
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 2
BACKGROUND
On July 6, 2021, and September 7, 2021, the Chino City Council held public hearings on the City’s redistricting process. These public hearings centered on two components. First, they explained the redistricting process and the laws guiding its procedures. Second, they provided an opportunity to consider and discuss Chino’s neighborhoods and communities of interest as those terms are defined in Assembly Bill (AB) 849 or the FAIR Maps Act.
Then, on December 8, 2021, City staff and National Demographics Corporation (NDC), the City’s redistricting consultant, held a community workshop to revisit the redistricting process while reviewing the City’s public mapping tools.
For the January 18, 2022, public hearing, it is anticipated that the City Council and public will review and discuss the draft maps received and provide direction to staff.
ISSUES/ANALYSIS
Prior to introducing the received draft maps, it is necessary to revisit the legal parameters governing this process.
FEDERAL REQUIREMENTS:
First, the City Council will need to adopt boundaries that comply with the federal requirements of substantially equal population as required by the United States Constitution. Population equality must be based upon total population of residents of the City as determined by the most recent census, adjusted by California to count state prisoners at their “last known home address” rather than at the prison. The Council must also adopt maps that comply with the United States Constitution, assuage racial gerrymandering, and uphold the federal Voting Rights Ac t of 1965.
Maps must also not favor or discriminate against a political party.
AB 849 OR THE FAIR MAPS ACT
AB 849 serves as the guidepost for cities going through its redistricting process. It dictates the manner in which redistricting public hearings must occur, the number of public hearings (i.e., four public hearings), and the ranked criteria that must be considered when adopting a final voting district map. The ranked criteria include:
1. To the extent practicable, districts must be geographically conti guous. As an example, areas that meet only at the points of adjoining corners are not contiguous.
2. To the extent practicable, geographic integrity of any local “neighborhoods” or local “communities of interest” must be respected to minimize division. A “community of interest” is a population sharing social or economic interests that should be kept together in a single district for the purposes of effective/fair representation, but does not include relationships with political parties, incumbents, or political candidates (See Exhibit C)
3. Easily identifiable and understandable boundaries. That is, to the extent practicable, districts must be bounded by natural and artificial barriers, by streets, or by the boundaries of the City.
4. To the extent practicable and where it does not conflict with the above criteria, districts must be drawn to encourage geographic compactness (e.g., do not bypass one group of people to get to a more distant group of people).
4.1 PUBLIC HEARING
Packet Pg. 6
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 3
OTHER REDISTRICTING PRINCIPLES:
Once the prioritized criteria have been met, other traditional districting principles can possibly be considered, such as:
1. Minimize the number of voters delayed from voting from 2022 to 2024 (e.g., delaying a voter’s opportunity to participate in an election as a result of redistricting).
2. Respect voters’ choices / continuity in office.
3. Future population growth.
MAPS RECEIVED BY THE CITY:
As of this writing, in total, the City received 15 maps from the public and NDC. The City greatly appreciates the public for taking the time out of their busy schedu les to utilize the public mapping tools and provide invaluable feedback and recommendations. An evaluation of the maps is provided below.
MAPS REQUIRING ADJUSTMENTS:
The re ceived maps attached to this report with alphabetical designations are population imbalanced. As they are currently drawn, they cannot be adopted as a final map while being in conformance with federal law.
However, should the Council and public be interested in exploring any one of these maps, that can certainly happen. It would require adjustments to the proposed district lines (and in some cases very slight adjustments). Moreover, while these maps are population imbalanced, they may inform how specific voting districts or portions of the final voting district map may be drawn.
MAPS THA T ARE NO T POPULA TION BALANCED (by alphabetical designati on, and if applicable, DistrictR ID):
Click on any DistrictR map to review online. Additionally, each map is attached as Exhibit B.
Map A: DistrictR ID 91823 (not complete)
Map B: DistrictR ID 91901 (not population balanced)
Map C: DistrictR ID 91913 (not population balanced)
Map D: DistrictR ID 96570 (not population balanced)
Map E: DistrictR ID 96927 (not population balanced)
Map F: DistrictR ID 97796 (not population balanced)
Map G: DistrictR ID 99998 (not population balanced)
Map H: Paper Public Participation Kit Map (not population balanced)
4.1 PUBLIC HEARING Packet Pg. 7
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 4
MAPS THAT ARE POPULATION BALANCED:
The maps attached to this report with numerical designations are population balanced as required by federal law. In addition, the maps below meet the demographic requirem ents and are reasonably compact. Please see the attached maps (Exhibit A) for details about the boundaries as well as the demographic data associated with each map. Additionally, these maps can be viewed online through an interactive map by clicking the following link:
Click here to view the interactive map.
NDC Created Maps:
Map 101
Map 102
Map 103
Map 104
Map 106
Citizen Submitted Map that Meets Requirements:
Map 105 (DistrictR ID 100259)
Map 107 (DistrictR ID 93160)
NEXT STEPS:
The intent of tonight’s public hearing is to consider, discuss, provide feedback , or potentially narrow the number of maps to be considered at the next public hearing scheduled for February 15, 2022 (fourth public hearing). The City Council also could provide the demographer feedback on how to revise a particular map or maps. On February 15th, it is anticipated that the City Council will select the preferred map. Then, on March 1 st, it is anticipated that staff will bring back an ordinance for introduction, adopting the preferred map as the City’s new voting district map with second reading occurring on March 15th.
The City has until April 17, 2022 to adopt a final voting district map. Additionally, the State has waived the 30-day waiting period for the ordinance to go into effect so the City would need to, at the very latest, conduct the ordinance’s second reading at the April 5, 2022 Regular City Council meeting.
Attachments:
Exhibit A: Population Balanced Maps (Numerical Designations) Exhibit B: Maps Requiring Adjustments (Alphabetical Designations) Exhibit C: Communities of Interest and Neighborhoods
Exhibit D: 2020 Adjusted Census Data
4.1 PUBLIC HEARING
Packet Pg. 8
Exhibit A – Balanced Maps
4.1 PUBLIC HEARING
Packet Pg. 9
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
Monte Vista Avenue
Benson Avenue
Mountain Avenue
Central Avenue
Kimball Avenue
Pine Avenue
Mill Creek Ave.
Oaks Avenue---- Current Voting Districts
W. Preserve Loop
Euclid Avenue
4.1 PUBLIC HEARING
Packet Pg. 10
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,777 134 0.62% 13,812 63.42% 3,953 18.15% 834 3.83% 2,754 12.65% 2 22,430 787 3.64% 14,108 62.90% 4,438 19.79% 764 3.41% 2,655 11.84% 3 21,193 -450 -2.08% 7,212 34.03% 3,908 18.44% 1,254 5.92% 8,321 39.26% 4 21,173 -470 -2.17% 9,922 46.86% 4,874 23.02% 1,566 7.40% 4,240 20.03% Total 86,573 5.81% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 13,457 7,647 56.83% 3,574 26.56% 626 4.65% 1,395 10.36% 2 13,339 7,634 57.23% 4,189 31.41% 333 2.50% 1,020 7.65% 3 13,458 3,733 27.74% 3,774 28.05% 1,264 9.39% 4,410 32.77% 4 12,397 5,705 46.02% 3,950 31.86% 898 7.24% 1,735 13.99% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 101 Total Population Demographics City of Chino - Draft Plan 101 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 11
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
Central Avenue
C Street
Monte Vista Avenue
Benson Avenue
---- Current Voting Districts
Kimball Avenue
Pine Avenue
Euclid Avenue
4.1 PUBLIC HEARING Packet Pg. 12
16th Street
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,612 -31 -0.14% 13,192 61.04% 4,366 20.20% 775 3.59% 2,820 13.05% 2 20,903 -740 -3.42% 12,744 60.97% 4,356 20.84% 738 3.53% 2,618 12.52% 3 21,547 -96 -0.44% 6,590 30.58% 3,545 16.45% 1,994 9.25% 8,816 40.92% 4 22,511 868 4.01% 12,528 55.65% 4,906 21.79% 911 4.05% 3,716 16.51% Total 86,573 7.43% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 13,827 7,522 54.40% 3,977 28.76% 685 4.95% 1,447 10.47% 2 12,653 7,017 55.46% 4,136 32.69% 328 2.59% 1,009 7.97% 3 12,713 3,105 24.42% 3,422 26.92% 1,625 12.78% 4,277 33.64% 4 13,458 7,075 52.57% 3,953 29.37% 484 3.59% 1,827 13.58% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 102 Total Population Demographics City of Chino - Draft Plan 102 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 13
City of Chino
Draft Plan 103
I
I
I
...... -..• ,4 .I, I
I I
I 111.""I I I I
•1I I
� ····-···
I
I
I
I
I
I
I �-•• �
I •
I I
I '•••••I
I I
I
I
I
'
�.� '
I
- <I)
DD'IJ
�---··-----····-···-·····
@
National Demographics Corporation
©2021 CALIPER
District
1 2
3 4
0 .5 1 1.5
Miles
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
Kimball Avenue
Pine Avenue
Monte Vista Avenue
Benson Avenue
Central Avenue
Magnolia Avenue
---- Current Voting Districts
Euclid Avenue
4.1 PUBLIC HEARING
Packet Pg. 14
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,965 322 1.49% 15,281 69.57% 3,460 15.75% 716 3.26% 2,107 9.59% 2 21,909 266 1.23% 11,232 51.27% 5,453 24.89% 922 4.21% 3,827 17.47% 3 21,547 -96 -0.44% 6,590 30.58% 3,545 16.45% 1,994 9.25% 8,816 40.92% 4 21,152 -491 -2.27% 11,951 56.50% 4,715 22.29% 786 3.72% 3,220 15.22% Total 86,573 3.76% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 12,680 8,075 63.68% 2,910 22.95% 547 4.32% 971 7.65%
2 14,009 6,681 47.69% 4,931 35.19% 502 3.58% 1,738 12.41% 3 12,713 3,105 24.42% 3,422 26.92% 1,625 12.78% 4,277 33.64% 4 13,248 6,858 51.77% 4,225 31.89% 447 3.38% 1,574 11.88% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 103 Total Population Demographics City of Chino - Draft Plan 103 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 15
---- Current Voting Districts
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
B Street
Pine Avenue
Kimball Avenue
Mill Creek Ave.
W. Preserve Loop
Monte Vista Avenue
Benson Avenue
Oaks Avenue
Magnolia Avenue
Central Avenue
Euclid Avenue
4.1 PUBLIC HEARING Packet Pg. 16
Draft
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 20,880 -763 -3.53% 13,629 65.27% 3,677 17.61% 713 3.41% 2,464 11.80% 2 21,733 90 0.42% 13,237 60.91% 4,657 21.43% 742 3.41% 2,641 12.15% 3 21,836 193 0.89% 7,495 34.32% 4,174 19.12% 1,269 5.81% 8,389 38.42% 4 22,124 481 2.22% 10,693 48.33% 4,665 21.09% 1,694 7.66% 4,476 20.23% Total 86,573 5.75% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 12,764 7,388 57.88% 3,293 25.80% 583 4.57% 1,324 10.38% 2 13,274 7,465 56.24% 4,230 31.86% 360 2.71% 1,081 8.15% 3 13,859 3,868 27.91% 3,985 28.76% 1,266 9.13% 4,464 32.21% 4 12,753 5,997 47.03% 3,980 31.21% 913 7.16% 1,690 13.25% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 104 Total Population Demographics City of Chino - Draft Plan 104 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 17
Edision Avenue
Mountain Ave.
Monte Vista Ave.
Avenue
City of Chino
Draft Plan 105
Map from DistrictR
DistrictR ID 100529
(Click to view on
DistrictR)
Benson Avenue
Current Voting Districts
Note: Map 105 was received by the
City from a member of the public
through DistrictR with limited time for
NDC to prepare the map. However,
NDC has confirmed the map is
population balanced, and as of the
January 18, 2022 City Council
Agenda’s publishing on Friday,
January 14th, NDC is working
through the data and preparing the
map.
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
4.1 PUBLIC HEARING Packet Pg. 18
Please see next two pages for the prepared map
by NDC that was received by the City on January
18, 2022
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
Central Avenue
Monte Vista Avenue
Benson Avenue
Mountain Avenue
Chino Hills Pkwy
Kimball Avenue
Pine Avenue
Note: This map was
received with limited time
through DistrictR for
NDC to prepare the map
(See previous page). This
prepared map was
received by the City on
January 18th and added to
the Agenda on Tuesday,
January 18, 2022 at 10 a.m.
---- Current Voting Districts
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,494 -149 -0.69% 15,309 71.22% 3,524 16.40% 533 2.48% 1,698 7.90% 2 21,762 119 0.55% 12,353 56.76% 4,940 22.70% 894 4.11% 3,132 14.39% 3 21,551 -92 -0.43% 6,592 30.59% 3,546 16.45% 1,994 9.25% 8,816 40.91% 4 21,766 123 0.57% 10,800 49.62% 5,163 23.72% 997 4.58% 4,324 19.87% Total 86,573 1.26% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 12,752 7,934 62.22% 3,565 27.96% 285 2.23% 849 6.65%
2 13,628 6,863 50.36% 4,417 32.42% 666 4.89% 1,535 11.26% 3 12,714 3,105 24.42% 3,422 26.92% 1,625 12.78% 4,277 33.64% 4 13,557 6,816 50.28% 4,083 30.12% 545 4.02% 1,900 14.01% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 105 Total Population Demographics City of Chino - Draft Plan 105 Citizen Voting Age Population (CVAP) Demographics Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Avenue
Monte Vista Avenue
Benson Avenue
Central Avenue
Mountain Avenue
Kimball Avenue
Pine Avenue
---- Current Voting Districts
Euclid Avenue
Magnolia Ave.
4.1 PUBLIC HEARING
Packet Pg. 19
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,771 128 0.59% 14,185 65.16% 3,759 17.27% 733 3.37% 2,688 12.35% 2 21,994 351 1.62% 12,252 55.71% 5,141 23.37% 903 4.11% 3,232 14.69% 3 21,656 13 0.06% 6,666 30.78% 3,558 16.43% 1,996 9.22% 8,830 40.77% 4 21,152 -491 -2.27% 11,951 56.50% 4,715 22.29% 786 3.72% 3,220 15.22% Total 86,573 3.89% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 12,644 7,406 58.57% 3,255 25.74% 403 3.19% 1,452 11.48% 2 13,998 7,315 52.26% 4,582 32.73% 646 4.62% 1,248 8.92% 3 12,761 3,140 24.60% 3,426 26.85% 1,625 12.74% 4,285 33.58% 4 13,248 6,858 51.77% 4,225 31.89% 447 3.38% 1,574 11.88% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 106 Total Population Demographics City of Chino - Draft Plan 106 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 20
Edison Avenue
Schaefer Avenue
Chino Avenue
Riverside Drive
Walnut Drive
Kimball Avenue
Pine Avenue
Monte Vista Avenue
Benson Avenue
4th Street
Central Avenue
---- Current Voting Districts
Euclid Avenue
4.1 PUBLIC HEARING Packet Pg. 21
Chino Hills Pkwy
District PopulationDeviation% DeviationHisp Origin% HispanicNH White% NH WhiteNH Black% NH BlackNH Asian% NH Asian 1 21,182 -461 -2.13% 12,386 58.47% 4,285 20.23% 762 3.60% 3,331 15.73% 2 21,979 336 1.55% 13,085 59.53% 4,851 22.07% 901 4.10% 2,676 12.18% 3 21,551 -92 -0.43% 6,592 30.59% 3,546 16.45% 1,994 9.25% 8,816 40.91% 4 21,861 218 1.01% 12,991 59.43% 4,491 20.54% 761 3.48% 3,147 14.40% Total 86,573 3.68% 45,054 17,173 4,418 17,970
District
CVAP
Population
Hisp
CVAP
% Hisp
CVAP
NH White
CVAP
% NH White
CVAP
NH Black
CVAP
% NH Black
CVAP
NH Asian
CVAP
% NH Asian
CVAP
1 12,574 7,073 56.25% 3,299 26.24% 421 3.35% 1,623 12.91% 2 13,712 6,946 50.66% 4,700 34.27% 628 4.58% 1,280 9.34% 3 12,714 3,105 24.42% 3,422 26.92% 1,625 12.78% 4,277 33.64% 4 13,650 7,594 55.64% 4,066 29.79% 447 3.27% 1,379 10.11% Total 52,651 24,718 15,488 3,121 8,559
City of Chino - Draft Plan 107 Total Population Demographics City of Chino - Draft Plan 107 Citizen Voting Age Population (CVAP) Demographics
4.1 PUBLIC HEARING
Packet Pg. 22
Exhibit B – Maps that are not
Population Balanced
4.1 PUBLIC HEARING
Packet Pg. 23
Exhibit B
Map A (DistrictR ID 91823)
4.1 PUBLIC HEARING
Packet Pg. 24
Exhibit B
Map B (DistrictR ID 91901)
4.1 PUBLIC HEARING
Packet Pg. 25
Exhibit B
Map C (DistrictR ID 91913)
4.1 PUBLIC HEARING
Packet Pg. 26
Exhibit B
Map D (DistrictR ID 96570)
4.1 PUBLIC HEARING
Packet Pg. 27
Exhibit B
Map E (DistrictR ID 96927)
4.1 PUBLIC HEARING
Packet Pg. 28
Exhibit B
Map F (DistrictR ID 97796):
4.1 PUBLIC HEARING
Packet Pg. 29
Exhibit B
Map G (DistrictR ID 99998):
4.1 PUBLIC HEARING
Packet Pg. 30
Chino Redistricting 2021
Public Participation Kit
Total Population by Population Unit
Each number indicates the
total population of that
"population unit" area. Each
district must have essentiall y
equal population. The population
279
of each of the 4 districts must be
close to 21,640, with no more than a
2,164 difference between the largest
and smallest.
An online version of this map that
allows you to zoom in and out for
more detail is available as a link
from the city website.
,37
,03
4 0
Kimb all Av~
©2021 CALIPER
olored pen to draw your
map, then submit it at
City Hall or by email to
districts@ci tyofchino .org.
You can hand deliver, maiI,
fax, scan and email, or
photograph and email
your map.
+
1,368 737
n
5" 2,916
0 0 n :> 0 < 8 C ::, ~
I>)
;;,::, ::::I p_. 0
::c
53 41
Exhibit BMap H 4.1
PUBLIC HEARING
Packet Pg. 31
PERSIMMON ST
RIVERSIDE DRRIVERSIDE DR
EE
AASS
TT
EE
NN
DD
AAVVEE
SAN ANTONIO AVESAN ANTONIO AVE
CHINO AVECHINO AVE
WALNUT AVEWALNUT AVE
FRANCIS AVEFRANCIS AVE
SCHAEFER AVESCHAEFER AVE
CENTRAL AVECENTRAL AVE
MM
OO
NNTTEE
VV
IISS
TTAA
AAVVEE BENSON AVEBENSON AVE
KKIIMM BB AALLLL AAVV EE
EDISON AVEEDISON AVE
EUCLID AVEEUCLID AVE
·|}þ60
·|}þ71
·|}þ71
4 3
21 Downtown
ChinoPark East
The Preserve
College Park
City of Chino
·
0 2.5 51.25
Miles
Legend
Voting District
"Communities of Interest" and
"Neighborhoods"
N. of
SR
60 Ag.
Cmty
CHINO-CORONA RD.
Exhibit C
4.1 PUBLIC HEARING
Packet Pg. 32
Chino Current Official Data
District 1
Total Pop 18,131
Deviation from ideal -3,512
% Deviation -16.23%
% Hisp 66.8%
% NH White 18%
% NH Black 3%
% Asian-American 10%
Total 11,640
% Hisp 59%
% NH White 25%
% NH Black 4%
% Asian/Pac.Isl. 10%
Total 9,586
% Latino est. 59%
% Spanish-Surnamed 53%
% Asian-Surnamed 5%
% Filipino-Surnamed 2%
% NH White est. 34%
% NH Black 5%
Total 7,527
% Latino est. 57%
% Spanish-Surnamed 52%
% Asian-Surnamed 5%
% Filipino-Surnamed 2%
% NH White est. 36%
% NH Black 5%
Total 4,774
% Latino est. 53%
% Spanish-Surnamed 49%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 40%
% NH Black est. 5%
ACS Pop. Est. Total 17,288
age0-19 24%
age20-60 57%
age60plus 19%
immigrants 23%
naturalized 53%
english 50%
spanish 41%
asian-lang 7%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 20%
hs-grad 48%
bachelor 11%
graduatedegree 5%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 66%
income 0-25k 18%
income 25-50k 21%
income 50-75k 21%
income 75-200k 35%
income 200k-plus 6%
single family 70%
multi-family 30%
rented 49%
owned 51%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,453
-2,190
-10.12%
50%
25%
4%
19%
12,621
49%
34%
4%
12%
11,894
47%
42%
8%
3%
41%
5%
9,778
46%
42%
7%
3%
43%
5%
6,540
43%
39%
5%
2%
48%
5%
17,694
24%
56%
20%
22%
60%
62%
28%
8%
2%
15%
48%
19%
7%
35%
65%
10%
16%
15%
51%
9%
85%
15%
28%
72%
3 23,308
1,665
7.69%
53%
16%
4%
24%
15,079
42%
28%
10%
18%
11,730
49%
44%
12%
3%
33%
6%
9,377
47%
43%
12%
3%
34%
7%
5,528
44%
41%
7%
2%
40%
6%
23,369
21%
63%
16%
28%
41%
55%
33%
10%
2%
18%
48%
15%
6%
45%
47%
13%
15%
17%
48%
7%
78%
22%
36%
64%
4 25,681
4,038
18.66%
42%
21%
8%
26%
13,310
40%
30%
5%
25%
13,618
42%
38%
11%
3%
40%
6%
11,039
41%
37%
10%
3%
41%
6%
5,939
38%
35%
7%
3%
47%
6%
20,871
28%
57%
15%
24%
55%
57%
23%
18%
3%
16%
44%
22%
12%
44%
68%
10%
12%
18%
50%
9%
76%
24%
37%
63%
Total
86,573
7,550
34.88%
52%
20%
5%
21%
52,651
47%
29%
6%
16%
46,828
48%
44%
9%
3%
37%
5%
37,721
47%
43%
9%
3%
39%
6%
22,781
44%
41%
6%
2%
44%
5%
79,222
24%
58%
17%
24%
51%
56%
31%
11%
2%
17%
47%
17%
7%
40%
60%
13%
16%
17%
46%
8%
78%
22%
37%
63%
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Based on Current
Voting Districts
Exhibit D 4.1
PUBLIC HEARING
Packet Pg. 33
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 758271 to 758452, and Electronic Fund Transfers 514419E to 514490E, totaling $4,827,590.54.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Years 21-22 Operating Budget.
11.1 CONSENT CALENDAR
Packet Pg. 34
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Section 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 758271 – 758367 12/16/21 21-22 $1,484,847.54
2. 758368 12/16/21 21-22 $525.00
3. 758369 – 758452 12/22/21 21-22 $1,136,096.57
4. 514419E – 514450E 12/16/21 21-22 $2,088,552.67
5. 514451E – 514490E 12/23/21 21-22 $117,568.76
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $4,827,590.54
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
11.1 CONSENT CALENDAR
Packet Pg. 35
Council Meeting 1/18/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
758329 12/16/2021 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $292,659.76 758346 SEQUEL CONTRACTORS, INC. STREET REHAB PIPELINE & RAMONA AVENUES $321,558.81 758362 WASTE MANAGEMENT GREEN WASTE COLLECTION $108,778.26 758363 WASTE MANAGEMENT REFUSE COLLECTION $388,669.22 514424 12/17/2021 CHINO BASIN WATERMASTER 2021-2022 ASSESSMENT $455,960.70 514425 CHINO VALLEY INDEPENDENT FIRE
DISTRICT
FIRE PROTECTION SERVICES-JANUARY $1,027,198.00
514427 ECONOLITE CONTROL PRODUCTS, INC. TRAFFIC SIGNAL CABINET $58,385.60 514449 WATER FACILITIES, AUTHORITY (JPA) IMPORTED WATER $352,069.57 758396 12/22/2021 EUCLID/KIMBALL PARTNERS REFUND DUE TO COLLECTION ERROR RELATING TO FUTURE $354,500.00
EUCLID AVE STREET WIDENING AND MEDIAN WORK
758421 NORSTAR PLUMBING & ENGINEERING, INC BRINE LINE CONSTRUCTION $520,315.00 758428 PORTER CORP PK181-N. PARKING LOT-POLIGON S $61,128.72 758447 US BANK CORPORATE PAYMENT SYSTEM PURCHASING CARD PAYMENT-NOVEMBER $64,823.55
12 TOTAL $4,006,047.19
11.1.a
Warrants
Packet Pg. 36
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JANUARY 4, 2022
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The January 4, 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:17 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa , Mayor Pro Tem Marc Lucio, Council Members Karen C.
Comstock, Christopher Flores, and Walt Pocock.
Absent: None
FLAG SALUTE
Mayor Pro Tem Lucio led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating January 2022 as “National Blood Donor Month ” and presented it to Al Boling, Commun ity Relations Liaison, Life Stream Bloo d Bank.
Presentations
Mayor Ulloa presented certificates of recognition to the winners of the Chino Youth Chri stmas Parade Decorated Entry Competition as follows:
• Chino Cub Scouts Pack 205, Best Overall Vehicle/Float. • SOAR, RAAP, High Five, Best Overall Walker.
• Lift Church, Best Use of Theme.
Mayor Ulloa presented the January 2022 Mayor's Home Beautification Award to Karen Stancl of Chino.
11.2.1 Minutes
Packet Pg. 37
CHINO CITY COUNCIL
JANUARY 4, 2022 2
AGENDA ADDITIONS/REVISIONS
City Manager Ballantyne reported there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled meetings and community events:
• Office Hours at the P reserve on January 13, 2022 at the Preserve Community Center located at 15800 Main Street between 5:30 p.m. to 7:30 p.m. with City staff and Police personnel present to answer questions or discuss any matters of concern. • Redistricting Public Hearing on January 18, 2022 at 7:00 pm in the Council Chambers to consider and discuss draft maps received by the City.
• Annual Run for Russ Memorial 5K Run and Community Walk on Febr uary 5, 2022 beginning at 8:00 a.m. at Chino Civic Center located at 13250 Central Avenue . The event honors the life of C hino Police Officer, Russ M iller who was t ragically struck and killed by a drunk drive r in the line of d uty on February 1, 200 0. Online registrati on is available at https://www.runforruss.com.
• City Hall closed on Monday, January 1 7, 2022 in observance of Martin Luther King, Jr.
Day.
PUBLIC COMMENTS
Mike Spradlin of Valley Christian Church provided the Invocation.
Steve Eli e, President of the Inland Empire Utilities Agen cy Board of Di rectors, provide d an update on the expansion of Regional Water Recycling Plant No. 5 and discussed the Agency’s public campaign to encourage water conservation.
Melissa Compani from County Supervi sor Curt Hagman ’s office , reported on schedule d community events that include Coffee with Curt on January 15, 2022 from 9:00 a.m. to 10: 30 a.m. in Ontario and shredding event on January 22, 2022 in the City of Chino Hills.
Reney Metah, Workforce Development Director for the Chino Valley Chamber of Commerce, reported that the Chamber is part nering with Chino Valley Unified School District to host a Career Expo and Job Fair on January 14, 2022 at the Chino Hills Community Center from 2:00 p.m. to 5:00 p.m.
Nina Segal requested a connection to the c ity’s sewer system and stated that her pr operty is located outside of the city limits. Mayor Ulloa referred her to city staff for assistance.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 758084 to 758270, and Electronic Fund Transfers 514318E to 514418E, totaling $5,079,715.31.
2. Minutes
a. Minutes - Special Meeting of December 21, 2021 (All Members Present) b. Minutes - Regular Meeting of December 21, 2021 (Ulloa absent) (Pulled from the Consent Calendar for separate motion.)
11.2.1 Minutes
Packet Pg. 38
CHINO CITY COUNCIL
JANUARY 4, 2022 3
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Contract Amendment and Vendor Cap Increase - I Create Professionals . Approve a contract amendment and a vendor cap increase i n the amount of $25,000 with Wayne McAfee dba I Create Professionals for a total amount not to exceed $100,000.
5. Reclassification an d Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022-005 amending the City's classification and salary schedule to reclassify the Community Services D epartment's position of Administrative Secretary to Manage ment Assistant and Reclassification of the vacant Management Assistant to Management Aide.
6. Contract Amendment – Chino Valley Unified School District CARE Master Contract. Approve a contract amendment to the CARE Master Contract with the Chino Valley Unified School District.
7. Master Contract - Chino Valley Unified School Distr ict. Approve a Master Contract with Chino Valley Unified School District in the amount of $35,000 for Case Management Services funded by the American Rescue Plan (ARP) State Grant.
8. Tobacco Grant Program Acceptance . Adopt Resolution No. 2022 -004 approving the Tobacco Grant Program and acceptance of Grant Proceeds in the total amount of $35,112.
9. Professional Servic es Agreement - Economic Feasibility Analysis and Implement ation Pl an (Euclid Regional Commercial Center) . Award Professional Services Ag reement to Stanley R.
Hoffman Associates, Inc., Los An geles, CA in the amount of $49,700 fo r Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commer cial Center. (Pulled from the Consent Calendar for discussion.)
10. Contract Amendment No. 1 - On-Call Traffic Plan Check and Oth er Related Services. Approve an amendment in the amount of $50,000 to PMK, Inc., Laguna Woods, CA for traffic plan check and other related services for a total contract not to exceed $90,000.
11. The Preserve Development Agreement – Partial Assignment an d Assumption . Approve an Assumption and Partial Assignment of the Pre serve Development Agreement between the City of C hino, a mu nicipal corporation; Chino Development Corporati on, a Califo rnia corporation; and Tri Pointe Homes Holdings, Inc. a Delaware corporation.
12. The Preserve Development Agreement – Partial Assignmen t and Assumption . Approve an Assumption and Partial Assignment of the Preserve Development Agreement betwe en the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and Lennar Homes of California, Inc., a California corporation.
13. Local Street Overlay Project (MS181) for 16th, 17th, 18th Street and Serene Avenue . Approve the plans and specifications for the construction of the Local Street Overlay Program - MS181 for FY21-22 at various locations.
Moved by Council Member Comstock, seconded by Council Member Pocock, and carried on a 5-0 roll cal l vote, to approve Consent Calendar items 1 , 2a, 3 through 8, and 10 through 13 as presented. Item 2b was pu lled for separate motion. Item 9 was pulled for discussion.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
11.2.1 Minutes
Packet Pg. 39
CHINO CITY COUNCIL
JANUARY 4, 2022 4
ITEMS PULLED FROM CONSENT CALENDAR
2b. Minutes - Regular Meeting of December 21, 2021 (Ulloa absent) Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 4-0-1 roll call vote, to approve the minutes of the December 21, 2021 regular meeting as presented.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
9. Professional Servic es Agreement - Economic Feasibility Analysis and Implement ation Plan (Euclid Regional Commercial Center) . Award Professional Services Agreement to Stanley R.
Hoffman Associates, Inc., Los An geles, CA in the amount of $49,700 fo r Economic Feasibility Analysis and Implementation Plan for the Euclid Regional Commercial Center.
Mayor Pro Tem Lucio and Council Member Comstock noted that this commercial center was originally intended to serve the P reserve community. They suggest the City Council wait until the community is developed and then reevaluate the need for an economic feasibility analysis to consider an alter native use for the site located on the northeast corner of Euclid Avenue and Pine Avenue.
There was consensus by the Council to refer this item back to staff. No action taken on Item. 9.
PUBLIC HEARING
14. Annexation to the Lighting and Landscape District for Parcel Map N o. 200 58 (Eversun Investments, LLC) . Adopt Resolution No. 2022 -001 order ing the annexation of Parcel Map 20058 into the Landsc ape and Lighting Distri ct No. 2002-1 (Annexation/Zone No. 85) generally located on the northwest corner of Central Avenue at Eucalyptus Avenue.
Mayor Ulloa opened the public hearing.
Staff Report by: Sylvia Ramos, Associate Civil Engineer.
There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 roll call vote, to 1) conduct a public hearing; 2) a dopt Resolution No. 2022-001 ordering the annexation of Parcel Map No. 20058 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 85); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
11.2.1 Minutes
Packet Pg. 40
CHINO CITY COUNCIL
JANUARY 4, 2022 5
15. Annexation to the Lighting and Landscape Dis trict for the Chino Valley Unifie d School District's Chino High S chool Reconstruction Project . Annexation to the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 87) Chino Valley U nified School District's Chino High School Reconstruction Project.
Mayor Ulloa opened the public hearing.
Staff Report by: Sylvia Ramos, Associate Civil Engineer.
There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll call vote, to 1) conduct a public hearing; 2) adopt Resolution No. 2022-002 ordering the annexation of Landscape and Lig hting District No. 2002 -1 (Annexation/Zone No. 87); and 3) authorize the City Manager to execute t he necessary documents on b ehalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
16. City of Chino User F ees. Conduct a public hearing and adopt Resolution No . 20 22-007, updating user fees for City-provided services, effective February 1, 2022.
Mayor Ulloa opened the public hearing.
Staff Report by Nikki Love, Billing Manager.
Ms. Love noted that staff reevaluated the One-Day Vendor Permit Fee (FIN-15800) and found that the proposed increase from $13 to $72 would p otential prohibit many of the small businesses from participating in se veral community events. Therefore, staff recommends the fee remain at $13.
There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll cal l vote, to conduct a publi c hearing , and adopt Resolution No. 2022 -007 as amended (Exhibit A, FIN-15800 One-Day Vendor Permit Fee to remain $13), updating user fees for City-provided services, effective February 1, 2022.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
17. Approval of 2021-2029 Housing Element Update. Adopt Resolution No. 2022-003 approving a Negative Declaration and adopting the City of Chino 2021-2029 Housing Element.
Mayor Ulloa opened the public hearing.
Staff Report by: Nicholas S Liguori, AICP, Development Services Director and Nick Chen, City Consultant.
11.2.1 Minutes
Packet Pg. 41
CHINO CITY COUNCIL
JANUARY 4, 2022 6
Mr. Chen presented a PowerPoint p resentation and provided an update on the Housing Element process, California Department of Housing and Community Development (HCD) review and responses, and next steps.
There was general discu ssion about the process to track housing inventory, annual reporting, and potential for additional sites to accommodate the City’s Regional Housing Needs Allocation.
There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll cal l vote, to 1) conduct a pu blic heari ng; 2) adopt Resolution No. 2022 -003 approving a Negative Declaration and adopting the City of Chino 2021 -2029 Housing Element; and 3) a uthorize the City Manager to file all documents with the State of California Department of Housing and Community Development on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
18. Proposed City Council Initiated Ballot Measure . Adopt R esolution No. 2022 -006 to Call a Special Muni cipal Election and other re lated acti ons to place on the J une 7, 2022 Primary Election a Ballot Measure to Adopt Overlay St rategies as part of the 2021 -29 Housing Element Update.
Staff Report by: Fred Galante, City Attorney.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll cal l vote, to 1. consider and adopt Resolution No.2022-006 entit led, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, CALLING AND GI VING NOTICE OF A SPECIAL MUN ICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, FOR THE SU BMISSION OF A MEASURE TO THE QUALIFIED ELECTORS OF THE
CITY OF CHINO TO CONSIDER APPROVAL OF THE OVERLAY STRATEGIES AS PART OF THE 2021-2029 HOUSING ELEMENT UPDATE TO MEET THE CITY OF CHINO’S REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ALLO CATION; REQUESTING THE BOARD O F SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDA TE THE CITY’S SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, WITH THE S TATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW”, and 2. Direct that the p rimary argument in favor of the proposed ballot measure be prepared by the C ity Co uncil for submission to the voters and authorize Mayor Ulloa and Mayor Pro Tem Lucio to draft and approve the argument.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
19. Award of Contract - Rehabilitation of Wells 12, 14, and 1 7. Award a contract to General Pump Company, San Dimas, CA in th e amount of $2 ,936,100 for Rehabilitation of Wel ls 12, 14, and 17; and a $45,000 amendment to Hazen & Sawyer for inspection services.
Staff Report by: Amanda Coker, Utilities Engineering and Operations Manager.
11.2.1 Minutes
Packet Pg. 42
CHINO CITY COUNCIL
JANUARY 4, 2022 7
Moved by Council Member Pocock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 roll call vote, to ) approve the specifications for the Rehabilitation of Wells 12, 14, and 17; 2) awa rd a construction con tract to General Pump Company, Sa n Dimas, CA in the amount of $2,936,100 for the Rehabilitation of Wells 12, 14, and 17; 3) authorize additional expenditures up to $293, 610 for c ontingencies, for a potential total contract amount not to exceed $3,229,710; 4) approve a ninth amendment to the Design Professional Services Agreement with Hazen & Sawyer in the amount of $40,088 plus contingencies o f $4,912 for a not to exceed amount of $45,000, for Well 17 construction inspection services; a nd 5) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
20. South Chino Circulatio n Improve ments. Establish a n ew Capital Improvement Project and authorize staff to facilitate improvements to traffic concerns in the south region of the City.
Staff Report by: Maria Fraser, CIP Engineering Manager and Dennis Ralls, Transportati on Manager.
There was discussion regarding the timelines and acquisition of right of way. The City C ouncil thanked staff for their efforts.
Moved by Council Member Pocock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 roll ca ll vote, to 1) establish a ne w Ca pital Imp rovement P roject ST 222, titled Kimball/El Prado/Central Traffic Improveme nt Project in the amount of $165,000.00; an d appropriate $165,000 .00 from the unappropriated reserves of th e Transportation Fund with a corre sponding year -end transfer in the same amo unt from t he Citywi de Transportation Development Impact Fees Fund 220; 2) authorize staff to prepare striping and street plans to provide two lanes of traffic on Euclid Avenue nort h of El Prado Ro ad and submit perm it application to Caltrans; 3 ) di rect staf f to proce ed with i nterim installation of traffic signal at Bickmore Aven ue and Rincon Meadows Drive; 4) direct staff to work with City of Chino Hills to open Pine Ave south of El Prado Road for public use; 5) appr ove an increase to the vendor cap for IDC Consulting Engineers, In c., Anaheim, CA, in the amount of $161,479.00 for a total vendor cap amount not -to-exceed $369,479.00; 6) approve Amendment No. 3 to Professional Services A greement No. 2021- 118 with IDC Consulting Engineers, Inc., Anaheim, CA, in an amount of $134,566.00 with a contingency of $26,913.00 for a not to exc eed 3 rd amendment of $161,479.00; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
CONTINUED DISCUSSION ITEM
21. Adoption of Ord inance No. 2021 -015 (PSPA) (Second Reading) . Adopt Ordinance No. 2021 - 015 on second reading, amending the Preserve Specific Plan.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services and Dennis Ralls, Transportation Manager.
11.2.1 Minutes
Packet Pg. 43
CHINO CITY COUNCIL
JANUARY 4, 2022 8
Mayor Ulloa supported the recommendation and noted it w ould improve circulation and pedestrian safety.
Council Membe r Pocock supported the recommendation and noted approval of this item i s necessary for the construction of the second school in the Preserve.
Council Member Comstock shared her concerns about the language in t he amended specific plan as proposed and absence of feedback from the residents in the Preserve. She stated the proposed changes remove a sense of charm and downtown feel.
Mayor Pro Tem Lucio stated that he supports the designation of bicycles lanes in the roadway.
He shared his concern that the language for development of the paseos is vague and may allow for a developer to b uild to a lower standard. He stated t he wi de paseos are important to residents in this area. Mayor Pro Tem Lucio suggested the city develop uniform design standards for the construction of paseos.
Director of Development Services Mr. Liguori explained t hat the wid th of the paseos is established in the Specific Plan; however, the design at intersections is not and would need to be developed.
City Attorney Galante noted the City Council has discretion to impose d esign requirements as part of the conditions of approval when a development comes forward. Additionally, the City Council as part of the adoption of the ordinance may direct to staff to develop design guidelines for intersections.
Mayor Ulloa noted her concerns with the estate residential areas for this development.
Moved by Council Member Pocock, seconded by Council Member Flores, and carried on a 4-1 roll call vote, to adopt Ordinance No. 2021-015 on seco nd reading, amending the Preserve Specific Plan and direct staff to come back to City Council wit h proposed standards for a uniform system of connections for the paseos at intersections.
AYES: FLORES, LUCIO, POCOCK, ULLOA
NOES: COMSTOCK.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa had no report.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio had no report.
Council Member Comstock
Council Member Comstock had no report.
Council Member Flores
Council Member Flores had no report.
Council Member Pocock
Council Member Pocock reported that he attend ed the Economic Development Committee to discuss the Ben Franklin Center.
11.2.1 Minutes
Packet Pg. 44
CHINO CITY COUNCIL
JANUARY 4, 2022 9
City Manager's Report
City Manager Matt Ballantyne had no report.
City Attorney's Report
City Attorney Fred Galante had no report.
Police Chief's Report
Police Chief Wes Simmons had no report.
Fire Chief's Report
Fire Chief Da ve Willia ms thanked the City C ouncil and City Manager f or their s upport. He announced that he was appointed Chief in August 2021 and officially took his post on December 31, 2021.
ADJOURN
The Regular Meeting of the City Council adj ourned at 9:15 p.m. and the City Council reconvened the Special Meeting. The next Regular Meeting of the City Council will be held on Tuesday, January 18, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 18th DAY OF JANUAURY, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
11.2.1 Minutes
Packet Pg. 45
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY – JANUARY 4, 2022
CLOSED SESSION - 6:30 PM
M I N U T E S
CALL TO ORDER
The January 4, 2022 , Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:30 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council M embers Karen C.
Comstock, Christopher Flores, and Walt Pocock.
Absent: None.
CLOSED SESSION
City Attorney Fred Galante read the title of the Closed Session item into the record.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATO R. P ursuant to Government Code Section 54956.8
Property: 13039 7th Street, Chino, CA 91710 (APN 1020-042-16-0000) Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Parties: Dean Kerr
Under Negotiation: Price and terms of potential acquisition
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to C losed Session at 6:31 p.m. The City Coun cil returned from Closed Session at 7:15 p.m. The Special Meeting recessed and reconvened after the January 4, 2022 Regular Meeting.
RECONVENE SPECIAL MEETING
The City Council reconvened the Special Meeting at 9:15 p.m.
ROLL CALL
Present: Mayor Eunice M. Ulloa , Mayor Pro Tem Marc Lucio, Council M embers Karen C.
Comstock, Christopher Flores, and Walt Pocock.
Absent: None.
The City Council recess ed to C losed Session at 9 :15 p.m. Th e City Council concluded with Closed Session at 10:19 p.m.
11.2.2 Minutes
Packet Pg. 46
CHINO CITY COUNCIL
JANUARY 4, 2022 2
REPORT OUT OF CLOSED SESSION
City Attorney Galante reported out of Closed Session as follows:
1 CONFERENCE WITH REAL PROPERTY NEGOTIATO R. P ursuant to Government Code Section 54956.8
Property: 13039 7th Street, Chino, CA 91710 (APN 1020-042-16-0000) Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Parties: Dean Kerr
Under Negotiation: Price and terms of potential acquisition
Moved by Mayor Ulloa, seconded by Council Member Pocock, and c arried on a 3-2 roll call vote, to authorize the City M anager to make an offer on the property up to the maximum authorized amount and to bring back a final agreement to the City Council for ratification at a future meeting.
AYES: FLORES, POCOCK, ULLOA
NOES: COMSTOCK, LUCIO.
ABSENT: NONE.
ADJOURN
The Special Meeting adjourned at 10:20 p.m. The next Regular Meeting of the C ity Council will be held on Tuesday, January 18, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 18th DAY OF JANUARY, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
11.2.2 Minutes
Packet Pg. 47
Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.
11.3 CONSENT CALENDAR
Packet Pg. 48
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the e xpense of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Age nda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
11.3 CONSENT CALENDAR
Packet Pg. 49
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
JANUARY 18, 2022 EXHIBIT A
Event Date Meeting Purpose and Subject Matter City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location
City Officials that may
attend
2/8/2022 Mayor’s Prayer Breakfast Los Serranos
County Club
– Chino Hills,
CA
Mayor Ulloa
Council Member Comstock
11.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 50
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: OPIOID MITIGATION RESOLUTION.
RECOMMENDATION
Adopt Resolution No. 2022-008, memorializing the City of Chino and Chino Police Department's commitment and strategies to mitigate and alleviate the effects of the opioid epidemic.
FISCAL IMPACT
There is no fiscal impact associated with this action.
11.4 CONSENT CALENDAR
Packet Pg. 51
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: OPIOID MITIGATION RESOLUTION
PAGE 2
BACKGROUND
The United States has been grappling with an opioid crisis for several decades that continues to cause devastation through addiction and deaths associated with overdoses. Opioids are a type of drug that includes Heroin, Fentanyl, and prescription medication such as Oxycontin, Vicodin, Codeine, and Morphine.
Since 1999, over 850,000 people in the United States have died from a drug overdose. During the last 20 years, opioid related overdoses have multiplied by 600% nationwide. In 2019, 70% of drug overdose deaths were caused by opioid overdoses. Opioid overdoses have increased not only nationwide but also right here in our community. From 2019 to 2020, there was a 92% increase in overdose related calls for service in Chino.
Signs of an overdose include limp body, blue /purple color on lips and fingernails, vomiting or gurgling noises, inability to speak, a slower rate of breath or stoppage of breath, and or heartbeat. These overdose symptoms can lead to death if not immediately treated.
ISSUES/ANALYSIS
Staff is recomm ending that the City Council adopt Resolution No. 2022 -008 as a means to memorialize the City of Chino’s unified commitment to mitigate the impacts of the opioid epidemic. While the proposed resolution briefly touches upon the measures the City has taken to address this crisis, the following narrative specifically details the Chino Police Department’s response to address this epidemic.
In 2020, the Chino Police Department began deploying a lifesaving emergency pharmaceutical known as NARCAN for suspected o pioid overdoses. At that time, 12 NARCAN kits were purchased and made available to the patrol teams and School Resource Officers.
The Chino Police Department partnered with Chino Valley Fire to obtain training for our officers to learn how to properly ad minister NARCAN. Every Chino Police Officer received two hours of classroom and practical application training to become certified. The deployment of NARCAN by Chino Police Officers resulted in 43 lives being saved from an opioid overdose since its inception.
After seeing the extreme lifesaving benefits of the 12 NARCAN kits being available, it was recently decided to expand the deployment and have every officer assigned their own NARCAN kit.
In September of 2020, the Chino Police Department utilized $14,00 0 of asset forfeiture funds to purchase 120 NARCAN kits. This made NARCAN available to all officers at any given time.
To assist with the enforcement aspect of the opioid epidemic, the department developed a Drug Recognition Expert (DRE) program, which con sists of law enforcement officers with extensive specialized training. After the DRE’s completed the specialized training curriculum, they hosted biannual training for patrol staff to assist them with under the influence enforcement. These efforts led to h undreds of under the influence investigations being conducted along with 89 arrests in 2021 alone.
It is widely recognized that drug addiction is associated with other areas of community concern such as mental health issues and homelessness. The departmen t created a Crisis Intervention Team and a Quality of Life Team to collaborate on these contributing factors. These two teams have an annual combined budget of over a million dollars.
11.4 CONSENT CALENDAR
Packet Pg. 52
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: OPIOID MITIGATION RESOLUTION
PAGE 3
The Crisis Intervention Team is an ancillary assignment comprised of 17 highly trained personnel who assist those in need with mental health and substance abuse issues. They are specifically trained to offer resources and assistance to prevent a major crisis. They collaborate with hospitals and programs that treat mental health and substance abuse problems.
The Quality of Life Team is a full -time assignment comprised of a Police Sergeant, a Corporal, and three Officers. This team handles quality of life concerns such as homelessness, panhandling, and blight. A vast majority o f the homeless population they service have either a drug addiction, mental health issue or a combination of both. The Quality of Life Team collaborates with the City of Chino Community Services, County Behavioral Health and the Social Work Action Group to develop treatment plans to obtain sobriety and housing assistance.
The Crisis Intervention and Quality of Life Teams recently purchased new software which is a comprehensive information management system to help provide services to those in need. A combination of providing help and conducting enforcement is necessary to combat these issues effectively. Information sharing, statistical tracking, and coordination will assist us when decided the best course of action for each person.
The Chino Police Depart ment also invests in drug awareness education. Education is done through formal meetings and informative posts on the department's social media sites. In August, the Crime Analysis unit posted a three -minute opioid addiction post that was well received by our community. The School Resource Officers also provide parents and students with information and a question -and-answer session during “Parent Forums” that they host throughout the school year.
Overall, staff recommends that the City Council adopt Resolu tion No. 2022-008, memorializing the City of Chino ongoing efforts to mitigate and alleviate the opioid epidemic’s devastating impacts through innovation, novel problem solving, and collaboration.
Attachment: Resolution No. 2022-008
11.4 CONSENT CALENDAR
Packet Pg. 53
RESOLUTION NO. 2022-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, MEMORIALIZING AND REAFFIRMING
THE CITY OF CHINO AND CHINO POLICE DEPARTMENT’S
STRATEGY AND COMMITMENT TO ALLEVIATE OR MITIGATE
THE EFFECTS OF THE OPIOID EPIDEMIC
WHEREAS, the United States has witnessed a 600% increase in opioid related overdoses over the past 20 years with over 850,000 people dying from drug overdoses since 1999; and
WHEREAS, locally, over the past few years, the City of Chino has seen a 92% increase in overdose related calls for service; and
WHEREAS, the City of Chino and the Chino Police Department have committed to a pplying a proactive approach to not only treat, but to also prevent, overdoses; and
WHEREAS, these mitigation techniques have included equipping and training Chino Police Officers with the proven and effective pharmaceutical, NARCAN, to treat and save those experiencing an overdose; and
WHEREAS, the City of Chino and Chino Police Department have committed resources to develop a Drug Recognition Expert Program which has aided Chino Police Officers with under the influence investigations so as to prevent individuals from hurting themselves and/or others; and
WHEREAS, the City of Chino and Chino Police Department also recognize that drug use is often rooted in, and overlapped with, mental health concerns; and
WHEREAS, to address these challenging issues, the City of Chino and Chino Police Department have trained and developed a Crisis Intervention Team and Quality of Life Team; and
WHEREAS, both teams are active in the Chino community and draw upon robust technology to effectively assist those experiencing homelessness, addiction, and/or mental health crises; and
WHEREAS, the City of Chino, Chino Police Department, and the Chino Valley Unified School District have collaborated through the School Resource Officers program to provide opioid prevention education to both students and parents; and
WHEREAS, the City of Chino a nd Chino Police Department empathetically recognize the devastating impact the opioid crisis has had on families and communities both locally and nationally; and
WHEREAS, the City of Chino and Chino Police Department also acknowledge the rather complicated and compounding nature of the opioid epidemic; and
WHEREAS, the City of Chino and Chino Police Department will continue to develop novel means to address this epidemic with solutions that are both data driven and compassionate.
NOW, THEREFORE, the City Council of the City of Chino resolves as follows:
SECTION 1: That the recitals detailed above are true and correct.
11.4.a
Opioid Mitigation Resolution
Packet Pg. 54
RESOLUTION NO. 2022-008
PAGE 2
SECTION 2: That the City of Chino and Chino Police Department affirm their authentic and robust commitment to alleviate and/or mitigate the impacts of the opioid epidemic.
SECTION 3: That if any section, subsection, sentence, clause, phrase, or portion of this resolution is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this resolution. The City Council declares that it would have enacted this resolution and each section, subsection, sentence, clause, or phrase hereof irrespective of any determination of invalidity.
SECTION 4: That this resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
APPROVED AND ADOPTED THIS 18th JANUARY 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
11.4.a
Opioid Mitigation Resolution
Packet Pg. 55
RESOLUTION NO. 2022-008
PAGE 3
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th day of January 2022 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
11.4.a
Opioid Mitigation Resolution
Packet Pg. 56
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY INVESTMENT POLICY.
RECOMMENDATION
Adopt City Resolution No. 20 22-009 and Successor Agency Resolution No. 2022-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
FISCAL IMPACT
No fiscal impact to the City.
11.5 CONSENT CALENDAR
Packet Pg. 57
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY
INVESTMENT POLICY
PAGE 2
BACKGROUND
Per the Ci ty/Successor Agency Investment Policy, the City of Chino/Successor Agency is required to annually adopt a Statement of Investment Policy. The Statement of Investment Policy is designed to provide guidelines for the prudent investment of the temporarily idl e cash of the City of Chino and the Successor Agency and outlines the policies for maximizing the efficiency of the City’s cash management system.
ISSUES/ANALYSIS
Staff reviewed the current Statement of Investment Policy and is recommending that no substantive changes to the policy be made at this time. Staff recommends the City Council/Successor Agency to the Chino Redevelopment Agency adopt City Resolution No. 2022-009 and Successor Agency Resolution No. 2022-001, adopting the Statement of Investment Policy.
Attachments: City Resolution No. 2022-009
Successor Agency Resolution No. 2022-001
Statement of Investment Policy
RB:hm
11.5 CONSENT CALENDAR
Packet Pg. 58
RESOLUTION NO. 2022-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ADOPTING A STATEMENT OF
INVESTMENT POLICY.
WHEREAS, on December 3, 1968, the City Council of the City of Chino adopted Resolution No. 1288 which delegated the authority of the City Council to invest or reinvest City funds, or to sell or exchange security so purchased, to the City Treasurer; and
WHEREAS, on January 19, 2021 , the City Council of the City of Chino last updated the Statement of Investment Policy; and
WHEREAS, the City Council desires to revise the Statement of Investment Policy as required by SB 866 and SB 564 and to reaffirm the delegation of investment authority to the City Treasurer pursuant to Resolution No. 1288.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY RESOLVES AS FOLLOWS:
Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the City of Chino.
Section 2. The policy of Resolution No. 1288, adopted on December 3, 196 8, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the City of Chino, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the City Treasurer.
Section 3. The City Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of City funds, the sale or exchange of security so purchased an d the management of City funds and securities until such time as this delegation of authority is revoked.
Section 4. The City Treasurer shall comply with the Statement of Investment Policy of the City of Chino adopted by this Resolution.
Section 5. The C ity Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.
Section 6. The City Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in January of each year.
Any changes to said policy shall be considered by the City Council at such a public meeting.
11.5.a
Adoption of City Investment Policy
Packet Pg. 59
RESOLUTION NO. 2022-009
PAGE 2
____________________________________________________________________________
APPROVED AND ADOPTED THIS 18th day of January 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________
ANGELA ROBLES, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, ANGELA ROBLES , City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th day of January 2022 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By: _______________________________
ANGELA ROBLES, CITY CLERK
11.5.a
Adoption of City Investment Policy
Packet Pg. 60
SUCCESSOR AGENCY RESOLUTION NO. SA 2022-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA AS SUCCESSOR AGENCY TO THE CHINO
REDEVELOPMENT AGENCY OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY.
WHEREAS, on December 3, 1968, the City Council of the City of Chino adopted Resolution No. 1288 which delegated the authority of the City Council to invest or reinvest City fun ds, or to sell or exchange security so purchased, to the Agency Treasurer; and
WHEREAS, on January 19, 2021, the Successor Agency to the Chino Redevelopment Agency of the City of Chino last adopted the Statement of Investment Policy; and
WHEREAS, the City Council desires to revise the Statement of Investment Policy as required by SB 866 and SB 564 and to reaffirm the delegation of investment authority to the Agency Treasurer pursuant to Resolution No. 1288.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO AS SUCCESSOR AGENCY TO THE CHINO REDEVELOPMENT AGENCY HEREBY RESOLVES AS FOLLOWS:
Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the Successor A gency to the Chino Redevelopment Agency.
Section 2. The policy of Resolution No. 1288, adopted on December 3, 196 8, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the Successor Agency to the Chino Redevelopment Agency, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the Agency Treasurer.
Section 3. The Agency Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of Agency funds, the sale or exchange of security so purchased and the management of Agency funds and securities until such time as this delegation of authority is revoked.
Section 4. The Agency Treasurer shall comply with the Statement of Investment Policy of the Successor Agency to the Chino Redevelopment Agency adopted by this Resolution.
Section 5. The Agency Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.
Section 6. The Agency Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in January of each year.
Any changes to said policy shall be considered by the City Council at such a public meeting.
11.5.b
Adoption of City Investment Policy
Packet Pg. 61
SUCCESSOR AGENCY RESOLUTION NO. SA 2022-001
PAGE 2
____________________________________________________________________________
APPROVED AND ADOPTED THIS 18th day of January 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________
ANGELA ROBLES, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, ANGELA ROBLES , City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by th e City Council of the City of Chino at a regular meeting held on the 18th day of January 2022 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By: _______________________________
ANGELA ROBLES, CITY CLERK
11.5.b
Adoption of City Investment Policy
Packet Pg. 62
1 CITY OF CHINO
STATEMENT OF INVESTMENT POLICY
ADOPTED JANUARY 18, 2022
1.0 POLICY:
This statement is intended to provide guidelines for the prudent investment of the temporarily idle cash of the City of Chino (City) and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City, while protecting the investment corpus of pooled cash in accordance with applicable local, state, and federal laws.
2.0 SCOPE:
This investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance . Debt proceeds shall be invested in accordance with the “Permitted Investments” and/or investment provisions for each specific bond indenture and/or bond document.
The Policy applies to the following funds and is accounted for in the City’s annual audited financial statements.
A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Successor Agency Funds
H. Any joint powers authority funds.
3.0 STANDARDS OF PRUDENCE:
The City Treasurer or Deputy City Treasurer authorized to make investment decisions on behalf of the City of Chino investing public funds pursuant to this policy are trustees and therefore fiduciaries subject to the prudent investor standard.
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Treasurer or Deputy City Treasurer shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a
11.5.c
Adoption of City Investment Policy
Packet Pg. 63
2 prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, the City Treasurer or a Deputy City Treasurer is authorized to acquire investments as authorized by law.
4.0 INVESTMENT OBJECTIVES:
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the primary objective of the City Treasurer or Deputy City Treasurer shall be to safeguard the principal of the funds under its control. The secondary objec tive shall be to meet the liquidity needs of the City. The third objective shall be to achieve a market average rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles. At no time should safety or liquidity be compromised in exchange for higher yields.
1. Safety: The preservation of invested capital (principal) is of primary importance.
The City Treasurer or a Deputy City Treasurer shall only invest in investments that are considered safe. The safety and risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these amounts. Each investment decision shall seek to ensure that capital losses are avoided.
2. Liquidity: The City's investment portfolio shall contain investments with a diversified mix of maturities in order to provide sufficient liquidity to meet projected operating cash requirements of the City.
3. Return on Investments: The City's investment portfolio shall be designed with the objective of obtaining a reasonable and competitive market rate of return taking into consideration risk constraints, prudent investment principles, and the cash flow characteristics of the portfolio.
5.0 AUTHORITY:
The authority to invest City funds is vested in the City Treasurer and any duly appointed deputy in accordance with Resolution No. 1288 of the City Council of the City of Chino. All investment decisions and investment of funds shall be made in full compliance with this policy, the California Government Code Sections 53600 et. seq.,
11.5.c
Adoption of City Investment Policy
Packet Pg. 64
3 and all other relevant state and federal requirements as well as any amendments or additions to such requirements.
Management responsibility for the inve stment of City funds is vested in the City Treasurer who shall prepare written procedures for the operation of the investment program and safekeeping of investment instruments consistent with this investment policy. The written procedures may provide for the delegation of authority to a Deputy City Treasurer who, upon assuming such office , shall become responsible for investment transactions. No person may engage in an investment decision except as permitted by this policy and by the procedure s promulgated by the City Treasurer.
Prior to implementing such procedures, the City Treasurer shall submit them to the City Council for approval.
The Investment Advisory Committee is hereby established and it is vested with the authority to oversee the implementation of this policy and to recommend amendments of this policy to the City Council. The Committee is composed of two City Council Members, the City Manager, the City Treasurer, the Deputy City Treasurer, and one alternate City Council Member who shall serve only in the absence of the regular City Council Members. The Committee shall meet once every quarter and at such other times as may be called by the City Treasurer or either City Council Member. The City Treasurer shall be the chair of the Committee. The Committee may recommend the employment of a qualified investment advisor whose employment shall be determined by the City Council. The investment advisor shall advise the City Treasurer, the Committee and the City Council.
6.0 ETHICS AND CONFLICTS OF INTEREST:
Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 st esq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City’s investment program. Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales.
11.5.c
Adoption of City Investment Policy
Packet Pg. 65
4 Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses or agents.
All persons, firms, broker/dealers, financial institutions an d advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.
7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:
The City Treasurer shall select all security dealers and depositories subject to City Council approval. The City shall conduct its investment transactions with several competing, reputable security broker/dealers. The selection process shall focus on financial viability, knowledge, experience, and ethics in the fixed-income securities industry. The City Treasurer will maintain a list and a written agreement with financial institutions authorized to provide investment services subject to City Council approval.
All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements, proof of National Association of Security Dealers certification, proof of state registration, completed broker/dealer questionnaire, and certification of having read the City's investment policy and depository contracts. The City Treasurer will conduct an annual review of the financial condition and registrations of qualified bidders.
8.0 AUTHORIZED AND SUITABLE INVESTMENTS:
Authorized and suitable investments shall mean and include any of the following securities to the extent the same are permitted by applicable federal and state code:
Direct Obligations of the United States of America, specifically U.S. Treasury bills and notes.
11.5.c
Adoption of City Investment Policy
Packet Pg. 66
5 Direct Obligations of the U.S. Government Agencies, guaranteed directly or indirectly by the United States government and/or directly or indirectly by any of the following: Banks for Cooperatives, Federal Intermediate Credit Banks, Federal Home Loan Bank System, Export -Import Bank of the United States, Federal Financing Banks, Federal Land Banks, Federal Farm Credit Bank, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Housing Administration, Student Loan Marketing Association, and the Resolution Funding Corporation.
Certificates of Deposit which are federally insured or fully collateralized by permitted investments as defined herein; issued by institutions which are either a nationally or state chartered bank, or thrift, or savings and loan.
Guaranteed Investment Contracts that meet the requirements of City / Successor Agency/joint powers authority bond documents may be utilized for the investment of those specific bond proceeds.
Banker's Acceptances which are issued by banks with a rating of "A" or higher by Standard and Poor's or Moody's at the time of investment, and do not exceed 180 days maturity.
Repurchase Agreements with any federally insured state or national bank of primary government bond dealer on the Federal Reserve reporting dealer list. All repurchase agreements must be covered by a master repurchase agreement. The term of such repurchase agreement may not exceed two weeks. The repurchase agreement must be 102% collateralized by U.S. Treasury securities that are free and clear of any third- party lien or claim. The collateral must be delivered to the custodian or third party acting as agent for the City.
Investment Pools including 1) Local Agency Investment Fund (State Pool) managed by the State of California, 2) Los Angeles County Pool, managed by the County of Los Angeles, and 3) Investment Trust of California (CalTrust), managed by Metropolitan West through a partnership between the California State Association of Counties and the League of California Cities.
Government Securities Money Market Fund(s) which invest only in U.S.
Government Securities, and the net asset value is stabilized at one dollar. The fund
11.5.c
Adoption of City Investment Policy
Packet Pg. 67
6 shall have the highest ranking or the highest letter and numerical rating by not less than two of the three largest nationally recognized rating services.
Passbook Savings Account Demand Deposits in a nationally or state-chartered bank or federal savings and loan association in the State of California, fully insured by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insur ance Corporation.
Sweep Accounts in a banking institution at which the City currently does business may be utilized for the temporary placement of funds. Such placement of funds is intended to be for a temporary period, not to exceed seven days. It is acknowledged that the individual investment instruments which comprise said sweep accounts may or may not conform to the City’s Statement of Investment Policy.
Specifically excluded as investments are: reverse repurchase agreements; longer-term U.S. Treasury, Agency, and corporate bonds w ith maturities exceeding five years; mortgage-backed securities; leveraged investments; derivatives of any kind at any time; and other investments not permitted under applicable government codes.
9.0 DIVERSIFICATION OF INVESTMENTS:
It is the City's policy to minimize portfolio risk by diversifying maturity, sector, and class allocations. Default risk shall be minimized by investing in an assortment of permitted investments as mentioned above. To minimize overall portfolio risk, the following not-to-exceed diversification goals shall guide the City's operating fund portfolio, based upon the portfolio structure at the time of purchase. Percentage limitations stated below will be calculated and applied at the time of purchase of the investment instrument. Not-to-Exceed-Limits stated below apply to the par value of the investments not the market value. Such limits shall also be within any requirements of state law.
Investment Type Not-To-Exceed Limit Other Restrictions
U.S. Treasury
Obligations
Notes and Bills No limit None
11.5.c
Adoption of City Investment Policy
Packet Pg. 68
7 Direct Obligations of
U.S. Federal Agencies 50% Maximum of 40% of investment portfolio in any one agency.
Investment Type Not-To-Exceed Limit Other Restrictions
Certificates of
Deposit 20% The maximum amount with any
one institution may not exceed
$250,000, unless the institution
fully collateralizes the deposit
pursuant to Government Code
Section 53652 and related statutes,
in which case the maximum
amount with any one institution
may not exceed $5 million
Bankers Acceptances 10% The maximum amount with any
one issuer may not exceed $2
million.
Repurchase Agreements 10% Not to exceed $5 million per dealer. Mark to market at 102%.
Local Agency
Investment Fund $75 Million Limitations are established by the State Treasurer and revised
periodically. Current limit is $75
million.
Los Angeles
County Pool $100 Million None
Investment Trust
of California (CalTrust) $100 Million None
11.5.c
Adoption of City Investment Policy
Packet Pg. 69
8 Investment Type Not-To-Exceed Limit Other Restrictions
Government Securities
Money Market Fund 10% The maximum amount with any
one diversified management
company is $2 million.
Demand Deposits no limit FDIC insured institutions.
Guaranteed Investment no limit
Contracts Can be utilized only for investment
of bond proceeds and only as
directed by the Official Statement
of bond issuance.
10.0 INVESTMENT POOLS:
Government sponsored investment pools (Pools) are permitted under California Government Code Section 53601 et seq. and an excellent short-term investment option for cash management facilities. These pools can provide safety, liquidity, and yield in a single diversified investment. However, thoughtful investigation and due diligence are required, both initially at time of purchase, and ongoing analysis to determine that the investment pool is being managed in a manner consistent with the objective of the Policy. The following guidelines include, but are not limited to:
A) Shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations.
B) The Pools mark to market weekly at a minimum.
C) The Pool provides comprehensive, timely monthly reports which include detailed transaction listings, reports realized and unrealized gains and losses, provides accurate market values for each security, provides quality rating for
11.5.c
Adoption of City Investment Policy
Packet Pg. 70
9 individual securities, takes delivery DVP, provides third party safekeeping of all investments, and for whom an audit is conducted annually by an independent auditor with no relationship to the Pool.
11.0 MONEY MARKET MUTUAL FUNDS
Money market mutual funds provide another safe, liquid and diversified investment option for the City’s surplus capital: however, certain conditions need to be met both initially and on an ongoing basis. The money market may only invest in US Government securities permitted under this policy and under California Government Code Section 53601 et seq. with final stated maturities of one year or less “Government Money Market Funds.”
In order to be an eligible money market investment under this section, the primary objective of the money market, as stated in the fund’s prospectus, is to maintain a constant $1.00 Net Asset Value (NAV). The following additional guidelines include, but are not limited to:
A) Only invests in US Government securities, and the weighted average maturity of the portfolio is less than 180 days.
B) The fund shall be registered with the SEC.
C) The fund shall have a minimum of $500 million in total asset size of portfolio at time of investment, and should not drop below this threshold.
D) The money market shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, and shall maintain these ratings for the duration of the investment.
12.0 COLLATERALIZATION:
All demand deposits, time deposits and repurchase agreements are to be fully collateralized with securities authorized by the California Government Code and the City.
11.5.c
Adoption of City Investment Policy
Packet Pg. 71
10 The eligible collateral for repurchase agreements must be those investments authorized by Section 53651 of the California Government Code. The Treasurer may specify the type of eligible collateral for use in repurchase agreements. Eligible collateral must be in book entry form. Collateral is valued at current market plus accrued interest through the date of valuation.
A) The cost value (book value) of collateral pledged for demand deposits must at all time be equal to or greater than the amount on deposit, plus accrued interest, in accordance with the following ratio:
U.S. Treasury Securities 110%
B) The cost value (book value) of collateral pledged for repurchase agreements must at all time be equal to or greater than the par amount, plus accrued interest, with the following ratios:
U.S. Treasury Securities 102%
U.S. Government Agencies 102%
Cash (in immediately available funds) 100%
It is the policy of the City to require reports at least on a quarterly basis from institutions with which the Treasurer has pledged security interest. The Treasurer shall monitor the adequacy of collateralization to ensure that balances are collateralized in accordance with the ratios approved herein.
With regard to repurchase agreements, it is the policy of the City to initiate a margin call in the event pledged collateral falls below the appropriate ratio.
Collateralized investments and deposits often require substitution of collateral. Any broker or financial institution requesting substitution must contact the City through the City Treasurer, for approval in the event the counterparty to the transaction is not authorized under agreement with the City to make substitutions.
11.5.c
Adoption of City Investment Policy
Packet Pg. 72
11 13.0 SAFEKEEPING AND CUSTODY:
The City Treasurer shall take possession of all of the City’s investment securities pursuant to Government Code Section 53601 which, in pertinent part, provides as follows:
“A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisors, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third party custodial agreement. The transfer of securities to the counterpart bank’s customer book entry account may be used for book entry delivery. For purposes of this section “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency.”
14.0 MAXIMUM MATURITIES:
The average dollar weighted maturity of the total portfolio shall not exceed 2 years.
No investment shall have a maturity date in excess of 5 years from date of purchase without approval of the City Council prior to any such transactions. No more than 35% of the total portfolio shall be invested in instruments with maturities beyond 3 years at the time of purchase, and no more than 20% of the total portfolio shall be invested in instruments wit h maturities beyond 4 years at the time of purchase.
Maturities shall be staggered to minimize liquidity risk and to enhance the stability of incoming cashflows. At least 10% of the portfolio shall be invested in instruments which can be liquidated on one day's notice.
15.0 INTERNAL CONTROL:
The City Treasurer and Fiscal Services Manager shall establish procedures that separate the internal responsibility for management and accounting of the investment portfolio. An analysis by an external independent auditor shall be conducted annually to review internal controls, account activity and compliance with policies and procedures.
11.5.c
Adoption of City Investment Policy
Packet Pg. 73
12 16.0 PERFORMANCE STANDARDS AND EVALUATION:
Investment performance is continually monitored and evaluated by the City Treasurer.
Investment portfolio reports are generated on a monthly basis and submitted to the City Manager and the Investment Advisory Committee. The investment portfolio reports are to be submitted within 30 days of the end of the reporting period.
The portfolio shall be designed to attain a market average rate of return comparable to the average one year U.S. Constant Maturity Treasury (CMT).
An annual audit of the City’s Investment Policy, practices, procedures and portfolio status will be conducted by an independent auditor. The auditor will provide the City Manager and City Council with written observations and recommendations regarding the adequacy of investment controls.
17.0 REPORTING:
The City Treasurer shall provide the City Council with monthly reports about the City's investments. These reports shall include, at a minimum, the following information for each type of investment held in the City's investment portfolio: the issuer; date of purchase; date of maturity; amount of investment; current market value; yield on investment; yield and total return on portfolio; income generated from investments; and a description of unusual investment activity or developments during the month for which the report is prepared.
The City Treasurer shall prepare such a report for each month. The City Treasurer shall deliver each monthly report to the Mayor and each City Council Member no later than thirty (30) calendar days after the close of the month for which each report is prepared.
In the event that an investment advisor is retained by the City Council, the investment advisor shall prepare and deliver a report for each month's investment activity as required herein to the City Treasurer in such time as to allow the City Treasurer to comply with the delivery times for each report required by this policy.
The City Treasurer may be relieved from that office in the event of any fai lure to comply with the reporting requirements of this policy.
11.5.c
Adoption of City Investment Policy
Packet Pg. 74
13 18.0 INVESTMENT POLICY ADOPTION:
The City's investment policy shall be adopted annually by resolution by the City Council. The policy shall be reviewed annually by the City Treasurer and th e City Council and any modifications made thereto shall be approved by the City Council.
GLOSSARY:
AGENCIES – Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L’s, small business firms, students, farmers, housing agencies, etc.) Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB) and Federal Farm Credit Bank (FFCB).
ASK/OFFER – The price at which securities are offered. (The price at which a firm will sell a security to an investor.)
BANKERS’ ACCEPTANCE (BA) – A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the issuer.
BASIS POINT – One one-hundredth of a percent (i.e., 0.01%).
BEAR MARKET – A period of generally pessimistic attitudes and declining market prices.
BID PRICE – The price at which a broker/dealer will buy securities from an investor.
BOND EQUIVALENT YIELD – The basis on which yields on notes and bonds are quoted.
BOOK VALUE (COST VALUE) – The purchase price of the security as recorded on the City’s books.
BROKER/DEALER – An individual or firm acting as principal in a securities transaction.
BULL MARKET – A period of generally optimistic attitudes and increasing market prices.
11.5.c
Adoption of City Investment Policy
Packet Pg. 75
14 CALLABLES – Securities that the issuer has the right to redeem prior to maturity.
CERTIFICATE OF DEPOSIT (CD) – A time deposit with a specific maturity evidenced by a certificate. Large denomination CD’s are typically negotiable.
CMT – Constant Maturity Treasury – An index of the average yield on United States Treasury securities adjusted to a constant maturity.
COLLATERAL – Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) – The official annual report of the City. It includes five combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
CORPORATE MEDIUM TERM NOTE – A security issued by a corporation doing business in the U.S. with a maturity not to exceed five years.
COST VALUE (BOOK VALUE) – The purchase price of the security as recorded on the City’s books.
COUPON – a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value; b) a certificate attached to a bond evidencing interest due on a payment date.
DEBENTURE – A bond secured only by the general credit of the issuer.
DELIVERY VS. PAYMENT – Delivery of securities with a simultaneous exchange of money.
DEMAND ACCOUNT – An account with a commercial bank from which check withdrawals may be made at any time.
11.5.c
Adoption of City Investment Policy
Packet Pg. 76
15 DERIVATIVES – Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets.
DISCOUNT – The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original price shortly after sale also is considered to be at a discount.
DIVERSIFICATION – Dividing investment funds a mong a variety of securities offering independent returns.
FEDERAL FUNDS RATE – Interest rate charged by one institution lending federal funds to another.
FEDERAL OPEN MARKET COMMITTEE (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FINANCIAL ADVISOR – A firm or bank that acts in a financial advisory capacity with respect to a new issue of municipal securities pursuant to a written contract.
FISCAL AGENT – A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.
GOVERNMENTAL ACCOUNTING STANDARDS BOARD – The independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments.
INTERNAL RATE OF RETURN – Rate of return over the life of a security on variables.
LOCAL AGENCY INVESTMENT FUND (LAIF) – The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.
11.5.c
Adoption of City Investment Policy
Packet Pg. 77
16 MARKET VALUE – The price at which a security is trading, usually the liquidation value.
MASTER REPURCHASE AGREEMENT – A written contract covering all future transactions between the parties to repurchase -reverse, repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.
MONEY MARKET MUTUAL FUNDS – Open-ended mutual fund that invests in commercial paper, banker’s acceptances, repurchase agreements, government securities, certificates of deposit and other highly liquid and safe securities, and pays money market rates of interest. The fund’s net asset value remains a constant $1 share, with the interest rate increasing or decreasing.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(NRSRO) – A rating organization designated by the SEC as being nationally recognized.
OFFER PRICE – The price at which a broker/dealer will offer securities to an investor.
OPEN MARKET OPERATIONS – Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability.
PAPER GAIN OR LOSS Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.
PORTFOLIO – Collection of securities held by an investor.
PRIMARY DEALER – A group of government securities dealers that serve as trading counterparties of the New York Fed in its implementation of monetary policy.
This role includes the obligations to: (i) participate consistently in open market operations to carry out U.S. monetary policy pursuant to the direction of the Federal Open Market Committee (FOMC); and, (ii) provide the New York Fed’s trading desk with market information and analysis helpful in the formulation and implementation
11.5.c
Adoption of City Investment Policy
Packet Pg. 78
17 of monetary policy. Primary dealers are also required to participate in all auctions of U.S. government debt and to make reasonable markets for the New York Fed when it transacts on behalf of its foreign official account holders.
RATE OF RETURN – The yield obtainable on a security based, on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.
REPURCHASE AGREEMENT (REPO) – A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate them for this.
REVERSE REPURCHASE AGREEMENT (REVERSE REPO) – A reverse- repurchase agreement (reverse repo) involves an investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate.
Although the transaction is similar to repo, the purpose of entering into a reverse repo is quite different. While a repo is a straightforward investment of public funds, the reverse repo is a borrowing.
SAFEKEEPING – The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION (SEC) – Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 15(C)3-1 – See Uniform Net Capital Rule.
11.5.c
Adoption of City Investment Policy
Packet Pg. 79
Revenue: Expenditure: 5307340 - 43559 - R2071
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROJECT NO. R2071 - BENSON AVENUE SEWER LIFT STATION AND FORCEMAIN DESIGN SERVICES.
RECOMMENDATION
1) Approve an increase to the vendor cap for Transtech Engineers, Inc., Chino CA, in the amount of $30,000.00 for a total vendor cap amount not -to-exceed $530,000.00 for Fiscal Year 2021-2022; 2) approve Amendment No. 5 to Professional Services Agreement No. 2020 -146 with Transtech Engineers, Inc., Chino, CA in an amount not-to-exceed $30,000.00 for additional engineering and construction support services for Pro ject No. R2071, for a potential agreement amount not-to-exceed $329,697.55; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Capital Improvement Program budget for project R2071-Benson Ave Sewer Lift Station and Forcemain.
11.6 CONSENT CALENDAR
Packet Pg. 80
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROJECT NO. R2071 - BENSON AVENUE SEWER LIFT STATION AND FORCEMAIN DESIGN
SERVICES
PAGE 2
BACKGROUND
On October 15, 2019, the City Council approved a Professional Services Agreement (“PSA”) with Transtech Engineers, Inc., Chino, CA (“Transtech”), in the amount of $231,112.00 along with a corresponding design contingency of $68,888.00 for Project No. R2071 - Benson Avenue Sewer Lift Station and Forcemain Design Services (“R2071”), for a potential agreement amount not-to-exceed $300,000.00. The PSA itself is betw een the City of Chino and Transtech; however, for all intents and purposes, the services are provided by Dudek, Encinitas, CA, as a subcontractor of Transtech. Over the duration of the agreement, staff has administratively amended the agreement four (4) ti mes to account for extensions of time and increases in compensation to accommodate additional design engineering and associated services. To date, the compensation for services under this agreement has been increased by $68,585.55, for an agreement amount not-to-exceed $299,697.55.
On May 4, 2021, the City Council awarded a Construction Agreement to Caliagua, Inc., Anaheim, CA (“Contractor”), in the amount of $893,200.00 for the construction of R2071.
Additionally approved was a construction contingency of $89,320.00, for a potential agreement amount not -to-exceed $982,520.00. To date, Dudek has provided the City with various construction support related services since R2071 was awarded for construction to the Contractor. Support services include reviewing a nd responding to multiple Requests for Information (“RFI”), coordinating review and responses to construction submittals and resubmittals with the Contractor, and providing continuous construction management support and coordination between the Contractor and City staff. As a result of utility conflicts caused by field location and elevations differing from records drawings, it is recommended that Dudek continue to provide support services for the remainder of the construction phase for R2071.
ISSUES/ANALYSIS
Staff requested and reviewed a proposal from Transtech and determined that it was consistent with the scope of the work. Therefore, staff recommends that the City Council approve Agreement Amendment No. 5 in an amount not -to-exceed $30,000.00 to the P SA with Transtech for additional engineering and construction support services for R2071. Provided below is a summary of the current accounting for R2071 engineering and construction support services provided under the PSA:
CONSTRUCTION ITEMS AMOUNT
Original Agreement Amount $231,112.00
City Council Approved Contingency $68,888.00
Approved Amendments To-Date $68,585.55
Proposed Amendment No. 5 $30,000.00
REVISED AGREEMENT TOTAL $329,697.55
It should be noted that $302.45 remains in the original City Council approved contingency and it
11.6 CONSENT CALENDAR
Packet Pg. 81
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROJECT NO. R2071 - BENSON AVENUE SEWER LIFT STATION AND FORCEMAIN DESIGN
SERVICES
PAGE 3
is staff’s intent to fully exhaust the remaining contingency balance when processing Amendment No. 5. Additionally, all work related to R2071 will be one hundred percent (100%) reimbursable by Caltrans pursuant to a r eimbursement agreement between Caltrans and the City. Therefore, staff recommends that City Council increase Transtech Engineers, Inc. vendor cap in the amount of $30,000.00 for a total vendor cap not -to-exceed amount of $530,000.00 for Fiscal Year 2021-2022. Additionally, staff recommends that the City Council approve Amendment No. 5 to Professional Services Agreement No. 2020 -146 with Transtech Engineers, Inc., Chino, CA in an amount not -to-exceed $30,000.00 for additional engineering and construction sup port services for Project No. R2071 - Benson Avenue Sewer Lift Station and Force Main Engineering Design Services, for a potential agreement amount not-to-exceed $329,697.55.
Attachment: Transtech Engineers, Inc. - Amendment No. 5
11.6 CONSENT CALENDAR
Packet Pg. 82
Project Name/No.: Benson Avenue Sewer Lift Station Contract No.: 2020-146 A5 & Forcemain Engineering Design
Services (R2071)
Project Manager: M. Fraser Approved: 01.18.2022 #
AMENDMENT NO. 5
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) by and between the CITY OF CHINO , a California municipal corporation (“City”) and Transtech Engineering, Inc. (“Consultant”) is effective as of the 18th day of January, 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated October 15 th, 201 9 (“Agreement”) whereby Consultant agreed to perform Benson Avenue Sewer Lift Station & Forcemain Engineering Design Services for Project R2071.
B. City and Consultant entered into a First Amendment to the Agreement on July 1st, 2020, to increase compensation of the agreement for the performance of additional Design Engineering Services, and extend the term.
C. City and Consultant entered into a Second Amendment to the Agreement on February 26th, 2021, to increase compensation of the agreement for the performance of additional Design Engineering Services.
D. City and Consultant entered into a Third Amendment to the Agreement on July 1st, 2021, to extend the term.
E. City and Consultant entered into a Fourth Amendment to the Agreement on September 10, 2021, to increase compensation of the agr eement for the performance of additional Design Engineering Services.
F. City and Consultant now desire to amend the Agreement to increase compensation of the agreement and add to the scope of services for the performance of additional Design Engineering and Construction Support Services.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Article 2, Compensation, is hereby revised to increase the Contract Sum by Thirty Thousand Dollars and Zero Cents ($30,000.00) for performance of
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 83
- 2 -
01225.0001/458787.1 a
dditional Design Engineering and Construction Support Services for Project R2071, and shall read in its entirety as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” incorporated as Exhibit “C” and subsequent Exhibits, including Exhibit “A- 5” incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Twenty-Nine Thousand Six Hundred Ninety-Seven Dollars and Fifty-Five Cents ($329,697.55) (the “Contract Sum”), unless additional compensa tion is approved pursuant to Section 1.10.”
(b) The scope of services provided in Exhibit “A” and “A -4” of the Agreement is amended to include the additional scope of services described in Exhibit “A-5”, attached hereto.
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any ma terial term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the e ntering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 84
- 3 -
01225.0001/458787.1
[SIGNATURES ON FOLLOWING PAGE]
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 85
- 4 -
01225.0001/458787.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO , a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works
CONSULTANT :
Transtech Engineering, Inc.:
By:
Name:
Title:
By:
Name:
Title:
Address: _________________________
Two corporate officer signatures required when Consultant is a corporatio n, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DUL Y NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 86
01225.0001/458787.1
STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On ___________________, 2022 before me, __________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribe d to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:
A notary public or other officer completing this certifica te verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 87
01225.0001/458787.1
STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On ___________________, 2022 before me, __________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 88
Subject: Engineering Support Services During Constr uction, Benson Permanent LS Table 1: Estimate of Level of Effort and Total Fee
Project Team Role: PM
Senior
Engineer
Project
Engineer
CAD
Drafter
Team Member: Bergholz Lacap Carr Baker
Billable Rate : $265 $230 $175 $180 Fee
Phase 10 - Additional Construction Support (Perm PS)
10.1 Submittal Reviews (15) 2 8 20 30 5,870 $ 5,870 $
10.2 Additional Construction Support 4 30 34 7,960 $ 7,960 $
10.3 Generator Receptacle Coordination,
Meetings, and Supplemental Electrical
Design Support
2 4 6 1,450 $ $9,955 11,405 $
10.4 As-Buit Preparation 1 8 12 21 4,265 $ 4,265 $ Labor Hours and Rates
TOTAL
HOURS
DUDEK
LABOR
COST
Subcons
TOTAL FEE
Electrical
The outlined scope of services described below
This amendment will provide additional budget with the understanding that it will provide for an increased level of support for various anticipated request during the remainder of the construction phase for project R2071’s permanent construction. These services will include continued submittal/submittals review, continued construction management support, generator receptacle design coordination, start-up of the pump station, and preparation of record drawings following completion of construction.
T
his amendment will provide additional budget with the understanding that it will provide for an in- creased level of construction support for various anticipated request during the remainder of the con- struction phase for Project No. R2071 and coordinated to follow a fast-track schedule. These services will include continued submittal/submittals review, continued construction management support, generator receptacle design coordination, start-up of the pump station, and preparation of record drawings follow- ing completion of construction. Note that this additional construction phase support is to be conducted on a time & materials basis.
EXHIBIT "A-5"
Additional Scope of Services
Phase 11. Additional Construction Phase Support (Permanent PS) Support the City and team with the following:
• Conduct Submittal reviews including resubmittals
• Provide additional recommendations for RFI’s and support project CM • Provide City support and review of any Contractor submitted change orders • Attend meetings to discuss any field revisions or Contractor questions during construction. • Provide additional electrical engineer support if t he permanent pump station requires custom design for required generator receptacle, support/guidance during connection to the new SCE meter/transformer, support/guidance during pump station start-up. • Prepare Record Drawings based on contractor provided redlines.
Fifth Amendment Task Totals= $30,000.00
Aggregate Contract Not-to-Exceed Total= $329,697.55
A5-1
11.6.a
Amendment to Professional Services Agreement No. 2020-
Packet Pg. 89
Revenue: Expenditure: 3227190-48004/48007-MS202
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ADA GRIEVANCE CURB RAMPS AT OLIVE PLACE AND WALNUT AVENUE.
RECOMMENDATION
1) Approve an increase to the vendor cap for Transtech Engineers, Inc., Chino CA, in the amount of $23,408.00 for a total vendor cap amount not -to-exceed $553,408.00 for Fiscal Year 2021-2022; 2) award a Professional Services Agreement to Transtech Engineers, Inc., Chino CA, in the amount of $21,280.00 for ADA Grievance Curb Ramps at Olive Place and Walnut Avenue Project Design Services; 3) authorize expenditures of $2,128.00 for design contingencies, f or a potential agreement amount not -to-exceed $23,408.00; 4) authorize expenditures of $2,128.00 for project management and associated expenses; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-2022 Capital Improvement Program Project Budget for MS202.
11.7 CONSENT CALENDAR
Packet Pg. 90
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ADA GRIEVANCE CURB RAMPS
AT OLIVE PLACE AND WALNUT AVENUE
PAGE 2
BACKGROUND
In September 2021, the City received notification from a concerned resident regarding accessibility deficiencies located at Olive Pl ace and Walnut Avenue. The City is looking to improve accessibility in the more established neighborhoods of the City to bring the dated infrastructure current with the accessibility standards that exist today. Currently, the northeast and northwest corners on Olive Place and Walnut Avenue do not include curb ramps that would provide the proper accessibility to residents utilizing this path of travel. The City desires to be as proactive as possible to meet the needs of its residents. The City’s Accessibility Coordinator met with the resident to discuss options that would benefit all pedestrian traffic moving through the area. It was determined that the City could in fact provide accessible curb ramps at this location.
Consequently, the Public Works Department is taking the lead on the design and construction of the curb ramps to bring this location into compliance under the guidance of the City's Accessibility Coordinator.
ISSUES/ANALYSIS
On November 18, 2021, staff solicited proposals from five (5) firms on the CIP's prequalified on- call consulting services list through the City’s Informal Request for Proposal process to provide design services for the ADA Grievance Curb Ramps at Olive Place and Walnut Avenue Project.
The firms included BFK Engineers, Engin eering Resources of Southern California, Inc., RKA Consulting Group, Tait & Associates, Inc., and Transtech Engineers, Inc. On December 6, 2021, only two (2) proposals were received and evaluated based on the firm’s qualifications (Organization, Credentials and Experience, Firm Profile) and price. Engineering Resources of Southern California, Inc., RKA Consulting Group, and Tait & Associates, Inc. did not submit a proposal for review. The proposals from all qualified firms ranged from $21,280.00 to $27,505.00. Below are tabulated results from the procurement process:
RANK CONSULTANT LOCATION
1 Transtech Engineers, Inc. Chino, CA
2 BKF Engineers Newport Beach, CA
3 Engineering Resources of Southern
California, Inc. (ERSC),
Redlands, CA
4 RKA Consulting Group Walnut, CA
5 Tait & Associates, Inc. Santa Ana, CA
Based on the evaluation criteria outlined, Transtech Engineers, Inc. was deemed to be the highest ranked proposal and the lowest price. Further, awarding to Transtech Engineers, Inc. was determined to be the most advantageous to the City.
Therefore, staff recommends that City Council increase Transtech Engineers, Inc. vendor cap in the amount of $23,408.00 for a total vendor cap not-to-exceed amount of $553,408.00 for Fiscal Year 2021-2022. Additionally, staff recommends that the City Council approve a Professional Services Agreement in the amount of $21,280.00 to Transtech Engineers, Inc., Chino, CA, for
11.7 CONSENT CALENDAR
Packet Pg. 91
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ADA GRIEVANCE CURB RAMPS
AT OLIVE PLACE AND WALNUT AVENUE
PAGE 3
ADA Grievance Curb Ramps at Olive Place and Walnut Avenue Project Design Services. Staff also recommends that the City Council approve a design contingency in an amount not -to- exceed $2,128.00, for a potential agreement amount not -to-exceed $23,408.00 and approve expenditures of $2,128 for project management and associated services.
Attachment: Professional Services Agreement - Transtech Engineers, Inc.
11.7 CONSENT CALENDAR
Packet Pg. 92
Project Name/No.: ADA Grievance Curb Ramps Contract No.:
at Olive Place and Walnut
Avenue
Project Manager: Lisa Almilli Approved:
01225.0001/458762.1 1 (Short Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
TRANSTECH ENGINEERS, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 18TH day of January, 2022 (“Effective Date”) by and between the CITY OF CHINO, a California munic ipal corporation (“City”) and TRANSTECH ENG INEERS, INC . (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services . In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law . All work and services rendered hereunder shall be provided in accordanc e with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law . If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreemen t is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site not ices, as prescribed by regulation.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 93
01225.0001/458762.1 2
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, a nd Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concer ning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and b e b ound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payrol l r ecords available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing wor k u nder this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shal l s ubmit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bo und by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, for feit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 94
01225.0001/458762.1 3
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contra ctor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code , and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including w ithout limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.4 Licenses, Permits, Fees and Assessments . Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Software and Computer Services . If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.6 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this referenc e. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 95
01225.0001/458762.1 4
contract amount of Twenty-One Thousand Two Hundred Eighty Dollars and Zer o Cents ($21,280.00) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and exp enses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work pe rformed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items fo r all approved subcont ractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first i nvoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitt ed by the Consultant t o determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as pro vided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guaran tee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City f or any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 96
01225.0001/458762.1 5
2.3 Additional Services. City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of th e services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a writ ten order is first giv en by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to th e written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the inc rease does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be pr ovided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
2.4 Contingency of Funds.
Consultant acknowledges that funding or por tions of funding for t his Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence . Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the t ime period(s) establis hed in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approve d in writing by the Project Manager but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to un foreseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quaran tine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 97
01225.0001/458762.1 6
delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. T he Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 20 22, except as otherwise provided in the Schedule of Performance ( Exhibit “D” ). This Agreement may be renewed by a written amendment for up to an additional two (2) one-year (1) year periods at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Okan Demirci is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Project Ma nager. CIP Engineering Manager , or any other person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).
4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written app roval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required he rein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or th at it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages . Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement , Consultant shall
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 98
01225.0001/458762.1 7
obtain, provide a nd maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contract ual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services O ffice form C A 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, i n an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage t hrough a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall inclu de all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provid e certificat es of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to co mmencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration o f coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 99
01225.0001/458762.1 8
property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute wi th it. The l imits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a prim ary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event 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 amou nts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transa ct business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged f ailure on th e part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contain ed in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 100
01225.0001/458762.1 9
(i) Notice of cancellation . Consultant ag rees to obli ge its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, exc ept with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt a nd timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also p rocure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 101
01225.0001/458762.1 10
5.3 Indemnification. To the full extent permitted by law, Consul tant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration o r regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions . Notwithstanding the above, a design professional’s indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or w illful misco nduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, a nd require s ubcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement or as the Project Manager shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to pers ons or entit ies other than the City without prior written authorization from the Project Manager.
(b) Consultant shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide document s, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 102
01225.0001/458762.1 11
shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs a nd fees, inc luding attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surve ys, data, no tes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ow nership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws o f the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino , State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the defau lt is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 103
01225.0001/458762.1 12
7.3 Legal Action. In addition to any other rights or remedies, either party may ta ke legal act ion, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a ny legal action under this Agreement.
Except with respect to r ights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Liquidated Damages . Since the determination of actual damages for any delay in performance of this Agreement would be extremely dif ficult or im practical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each worki ng day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.5 Termination Prior to Expiration of Term . This Section s hall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written noti ce to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, wi th or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of term ination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the e vent of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.6 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 104
01225.0001/458762.1 13
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination . Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming und er or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color , creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected c lass in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color , creed, religion, sex, gender, sexual orientati on, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desi res or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.
Either party may change its address by no tifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy - two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment . It is understood t hat there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be us ed to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 105
01225.0001/458762.1 14
to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an origi nal, and suc h counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law a nd shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not li mited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any ac t(s), omissi on(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) o r other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 106
01225.0001/458762.1 15
said party is bound . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 107
01225.0001/458762.1 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matt Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO CONTENT:
___________________________________
Amer Jakher, P.E., Director of Public Works
CONSULTANT:
TRANSTECH ENGINEERS, INC.
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Con sultant is a corporation, with one signature required from each of the following groups: 1) C hairman o f the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 108
01225.0001/458762.101225.0001/458762.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ____________ ____, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authoriz ed capaci ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 109
01225.0001/458762.101225.0001/458762.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, perso nally app eared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), an d that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 110
01225.0001/458762.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 111
Project Scope
Project Description:
EXHIBIT "A-1"
The scope of work for this Project includes the installation of directional curb ramps in the east to west crosswalk on Olive Place, and the installation of directional curb ramps at the westerly leg of the north to south crosswalk on Walnut Avenue.
The Consultant shall prepare project site specific construction plans. The Consultant shall meet with the City inspector or engineer in t he field to evalua te and provi de recommendations for s ite specific locat ion ADA r amp & transition design along with curb & gutter, cross-gutter, and sidewalk repair recommendations. Accessibility ramps shall be designed in accordance with the City of Chino Accessibility Policy adopted in 2019.
The following shall be considered in the design:
• A design that uses flares instead of return curbs with non-walkable surface is preferred. • Reduce the curb radii to smallest allowable to accommodate directional ramps, traffic calming and truck turning movements (per Transportation Manager and Director of Public Works). • Remove signage at northeast corner of Olive Pl. and Walnut Ave. (“End School Speed Limit”). • Place sign on light pole on southeast corner of Walnut Ave. at Olive Place restricting pedestrian crossing. • Existing crosswalk slopes must comply with City Policy on Accessible Pedestrian Facilities, as well as State and Federal regulations.
A1-1
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 112
City requested Tasks:
A. As-Built Research, Investigation and Review
Consultant shall meet with City staff to identify background information and existing plans to ensure incorporation of city staff suggestions, recommendations, directions and other requirements.
B. Utility Research and Notification
Consultant shall research available utility records and identify all utilities within the project limits. The information obtained shall be summarized and dedicated on the project base map. Concurrent with preliminary design, utility information requests shall be sent to each utility companies requesting verification of location, size and depth of facilities within the project limits. The Consultant shall maintain a record of utility notifications including contact numbers, dates of transmittals, etc. The Consultant shall confer with City Staff to determine if water services, or meters need to be replaced.
C. Field Survey/ ROW investigation
The Consultant or its subconsultant shall perform topographic survey to obtain design topography to determine and establish Right of Way, driveway, fences, walls and elevations for drainage, drive approaches, sidewalks, curb and gutters and ADA compliant ramps, etc. All surface features for all utilities within the survey area shall be located which include valve covers, water meters, gas meters, sewer and storm drain manholes, drainage facilities, and all utility vaults and facilities. The basis of the vertical datum shall be the most recent City of Chino bench mark elevations as shown in the National Geodetic Vertical Datum of 1929 (NGVD29). All field topography shall be collected electronically for data processing.
D. Geotechnical Investigations and Report
Consultant shall perform geotechnical exploration which will include collection and evaluation of subsurface data and subsequent development of pavement section and pavement and asphalt removal recommendations. The findings will be provided in a geotechnical report which should address all required items pertaining to pavement design and existing pavement/subgrade removals.
E. Preliminary Engineering Design
Consultant shall coordinate with City staff to establish design criteria for ADA ramp designs, which will be required to be designed according to the City of Chino’s adopted ADA policy, etc.; including a drainage design. Consultant shall conduct field walk to determine potential design and construction conflicts and verify field topography data.
Consultant shall review design criteria, key issues and recommend alignments/profiles/cross- sections for the project and provide conceptual plans to obtain the City approval of the proposed design prior to continuing design.
Engineer shall identify any appurtenances on private or public R-O-W that might affect design and propose alternatives for design issues. Consultant shall incorporate on the plans that any removal or reconstruction of structures such as masonry or any other type of wall needs to be submitted by the contractor to the City of Chino Building Department for approval.
F. Engineer’s Quantity and Cost Estimate
Consultant shall prepare an Engineer’s Quantity and Cost Estimate to be submitted as part of each of the 30%, 60%, 90% and 100% Submittals and prepare a Bidding Schedule with quantities and bid items to be included with the City Specifications. (City staff will prepare project Specifications.)
G. Plan Interpretation and Bidding Assistance
Consultant shall provide construction plan interpretation and consultation during the bidding phase of the project as well as the preparation of record drawings based on as-built plans. Consultant shall assist the City in preparing bid addenda as required to provide clarification to drawings and response to Request for Information (RFI).
A1-2
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 113
01225.0001/458762.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(additions in bold italics; deletions in strikethrough) I. Section 1.1, Scope of Services, is hereby amended to read as follows:
In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be i ncorporated herein by this r eference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. Consultant warrants represents that it has the experience and ab ility to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
II. Section 1.2, Compliance With Law, is hereby amended to read as follows:
All work and services rendered hereun der shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local gover nmental agency of competent jurisdiction in effect at the time Consultant’s services are rendered.
III. Section 2.3, Additional Services, is hereby amended to read as follows:
City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of th e services, without invalidating this Agreement, to order propose extra work beyond that specified in the Scope of Services or make propose changes by altering, adding to or deducting from said work. If any changes or modifications to Consultant’s scope of services are proposed by City, Consultant shall, upon re ceipt of such written change or modification, determine the impact on both time and compensation and notify City in writing.
Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreeme nt shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute Consultant’s notice to proceed with the changed scope . No such extra work proposed by Consultant may be undertaken unless a writ ten order is f irst giv en by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to th e written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 114
01225.0001/458762.1 B-2
approve an increase in compensation and the amount of the inc rease does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be pr ovided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
IV. Section 2.4, Contingency of Funds, is hereby amended to read as follows:
Consultant acknowledges that funding o r portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement by w ritten notice to Consultant without penalty.
V. Section 3.3, Force Majeure, is hereby amended to read as follows:
The time period(s) s pecified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extende d because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidem ics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for perf orming the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is ju stified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused , Consultant’s sole remedy being extension of the Agreement pursuant to this Section. If Consultant is delayed due to reasons beyond Consultant ’s reasonable co ntrol, City agrees C onsultant is not responsible for damages , nor shall Consultant be deemed to b e in fault of thi s Agreement; provided Consultant notified City in writing within ten (10) days of the cause of such delay.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 115
01225.0001/458762.1 B-3
VI. Section 3.4, Term, is hereby amended to read as follows:
Unless earlier terminated in accordance with Article 7 of this Agreement , this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2022, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written ame ndment agreed upon by both parties for up to an additional two (2) one-year (1) year periods at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
VII. Section 5.2, General Insurance Requirements, is hereby amended to read as follows:
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensatio n. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the ri ght to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure an d maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to pr operty, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage applicable to General Liability and Automobile Liability provided by Consultant shall be primary and any insurance or self - insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or i s canceled and not replaced, City has the right but no t 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. (e) Acceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of Califor nia, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 116
01225.0001/458762.1 B-4
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunt eers 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.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to th e exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and in surers to provide to City with a thirty (30) day notic e of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverag es required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds . A severability of interests provision mu st apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limit s of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum i nsurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 117
01225.0001/458762.1 B-5
of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City r eserves the right at any time during the term of the c ontract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to th e Consultant, the City and Consultant may shall renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminate d, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s p erformance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, wh ich in its own judgment may be necessary for its proper protection and prosecution of the work.
VIII. Section 5.3, Indemnification, is hereby amended to read as follows:
To the full extent permitted by law, Consul tant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration o r regulatory claims, damages to persons or prope rty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity to the extent found to be arising out of or i n connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“ind emnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or to the extent found to be arising from Consultant’s or indemnitors’ negligent performance of or negligent failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole gross negligence or willful acts or omissions. Notwithstanding the above, a design professional’s indemnity hereunder shall be limited to claims and liabilities to the extent found to be arising out of the negligence, recklessness or w illful misco nduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 118
01225.0001/458762.1 B-6
IX. Section 6.3, Confiden tiality and Release of Information, is hereby amended to read as follows:
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already k nown to Consultant. Consultant shall not release or disclose any such information or work product to pers ons or entit ies other than the City without prior written authorization from the Project Manager. Notwithstanding any provision to the contrary in thi s Agreement, Consultant shall not be restricted from disclosing any information that is reasonably necessary for Consultant to disclose: (1) to Consultant's employees, subconsultants and the General Contractor and subcontractors, if appropriate, or informa tion in whatever form that is in the public domain; or (2) as part of the permitting and public entity approval process; or (3) if required as required by law or complying with an order to provide information or data when such an order is issued by a court , administrative agency or other legitimate authority; or (4) if reasonably necessary for Consultant to defend it self from any legal action or claim.
(b) Consultant shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide document s, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order sh all not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs a nd fees, inc luding attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoen a, notice of deposition, request for documents, int errogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no o bligation, to represent Consultant or be present at any deposit ion, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
X. Section 7.4, Liquidated Damages, is hereby deleted in its entirety.
XI. Section 7.5, Termination Prior to Expiration of Term, is hereby amended to read as follows:
This Section shall govern any termination of this Contract except as specific ally provided in the following Section for termination for cause. The City reserves the right to termi nate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 119
01225.0001/458762.1 B-7
except that where termination is due to the f ault of the Consultant, the period of notice may be such shorter time as may be determined by the Proje ct Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice t o City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereun der except such as may be specifically approved by the Project Manager. Except where the Consultant ha s initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule o f Compensation or such as may be approved by the Project Manager. In the event the Consultant has initiated termination, the Consultant shall be entitled to com pensation only for the reasonable value of the work product actually produced hereunder, but no t exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
XII. Section 8.3, Notice, is hereby amended to read as follows:
Any notice, demand, request, document, consent, approval, or communi cation e ither party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class certified mail, return-receipt requested, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue , Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement. E ither party may change its address by no tifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
XIII. Section 8.7, Attorneys’ Fees, is hereby amended to read as follows:
If either party to this Agreement is required to initiate or defe nd or made a party to any action or proceeding in any way connected with this Agreement, the prevailing pa rty in s uch action or proceeding, in addition to as part of any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable at torney’s fees as determined by a court of competent jurisdiction, whether or not the matter proceeds to judgment.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 120
01225.0001/458762.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and wit h the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 121
C1-1
EXHIBIT "C-1"
AGREEMENT AMOUNT NOT-TO-EXCEED $21,280.00
FEE BREAKDOWN
Tot Hrs Tot Fees Tasks Project Manager Sr. Civil
Engineer
Sr. Traffic
Engineer
Associate
Engineer
$175 $175 $175 $135
A. As-Built Research, Investigation and Review 1 4 0 2 7 $1,145 B. Utility Research and Notification 1 1 0 4 6 $890 C. Field Survey/ ROW investigation 1 2 2 0 5 $875 D. Geotechnical Investigations and Report 1 1 0 0 2 $350 D. Preliminary Engineering Design 6 24 6 6 42 $7,110 E. Engineer’s Quantity and Cost Estimate 2 4 0 1 7 $1,185 F. Plan Interpretation and Bidding Assistance 4 2 1 0 7 $1,225 Tot Hrs 16 38 9 13 76
Tot Fees $2,800 $6,650 $1,575 $1,755 $12,780
$3,500
$16,280
$5,000
Staff Classifications and Rates per 2020 Proposal Staff Classifications and Rates per 2020 Proposal Survey Crew
TOTAL FEE
PLUS Geo-tech Investigation and Report (IF NEEDED)
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 122
D-1
01225.0001/458762.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the following schedule:
* Finalized deadlin e dates wi ll be contingent upon actualized and assigned project schedules, which shal l be ap proved by the Project Managers. Consultant will co ordinate with City and Project staff to ensure timely completi on of services an d adherence to approved task schedules.
II. The Project Manager may approve extensions for performa nce of the services in accordance with Section 3.2.
11.7.a
Professional Services Agreement - ADA Grievance Curb
Packet Pg. 123
Revenue: Expenditure: 5307340-48005/48008/48009-SW220
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD OF CONTRACT FOR PROJECT NO. SW220 - SEWER RELINE FY2021/22 AT VARIOUS LOCATIONS.
RECOMMENDATION
1) Approve a Sewer Fund (530) budget transfer of $174,121.00 from Project No. SW213 to Project No. SW220; 2) approve an increase of $174,121.00 to Project No. SW220 for an amended project budget of $1,674,121.00; 3) award a construction contract in the amount of $1,061,750.00 to Sancon Technologies, Inc., Huntington Beach, CA for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations; 4) authorize expenditures of up to $106,175.00 for construction contingency, bringing the total potential contract amount not-to-exceed $1,167,925.00; 5) approve up to $106,175.00 in construction management and $53,088.00 for inspection costs; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires a Sewer Fund (530) budget transfer of $174,121.00 from Project No. SW213 to Project No. SW220. The amended project budget for Project No. SW220 is $1,674,121.00, an increase of $174,121.00.
12.8 NEW BUSINESS
Packet Pg. 124
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: AWARD OF CONTRACT FOR PROJECT NO. SW220 - SEWER RELINE FY2021/22 AT VARIOUS LOCATIONS
PAGE 2
BACKGROUND
As part of th e Five -Year Capital Improvement Program, Public Works staff has reviewed televised sewer inspections and identified various locations of existing 8 -inch and 10 -inch vitrified clay pipe (VCP) sewer lines requiring rehabilitation work. Rehabilitation of exis ting VCP and concrete sewer lines will be done by Cured -in-Place Pipe (CIPP), where installation of a resin is tightly formed to the current sewer lines. The resin is cured with hot water under hydrostatic pressure or steam pressure.
On October 6, 2021, st aff published a formal Notice Inviting Bids via the City’s PlanetBids website and received bids from five (5) contractors. On November 16, 2021, the City received two (2) written bid protests, which resulted in the lowest apparent bidder withdrawing from the procurement process. City Council rejected all bids on December 7, 2021, and authorized staff to re-bid Project No. SW220.
ISSUES/ANALYSIS
On December 14, 2021, an Invitation for Bids (IFB) was published on PlanetBids and in the local newspaper for Project No. SW220 - Sewer Reline at Multiple Locations. On January 4, 2022, the City received five (5) bids with the following results:
Company Name City Bid Amount
Sancon Technologies, Inc. Huntington Beach, CA $1,061,750.00 Nor-Cal Pipeline Services Roseville, CA $1,088,200.00
Nu-Line Technologies, LLC Encinitas, CA $1,090,000.00
Southwest Pipeline &
Trenchless Corp.
Torrance, CA $1,194,750.00
Insituform Technologies, LLC Santa Fe Springs, CA $1,225,341.00
Sancon Technologies, Inc., Huntington B each, CA, was deemed the lowest and most responsive bidder. References have been verified and indicate that this vendor has the knowledge and experience required to perform the services requested in the bid specifications.
The estimated construction costs for SW220 are below:
Project Task Budget Amount
Construction $1,061,750.00
Construction Management (10%) $106,175.00
Inspection (5%) $53,088.00
SUBTOTAL COST $1,221,013.00
12.8 NEW BUSINESS
Packet Pg. 125
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: AWARD OF CONTRACT FOR PROJECT NO. SW220 - SEWER RELINE FY2021/22 AT VARIOUS LOCATIONS
PAGE 3
Contingency (10%) $106,175.00
EST. PROJECT COST TOTAL $1,327,188.00
Therefore, staff recommends that the City Council approve a budget transfer of $174,121.00 from Project No. SW213 to Project No. SW220, for an amended project budget of $1,674,121.00. Staff also recommends that the City Council award a construction contract to Sancon Technologies, Inc., Huntington Beach, CA, for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations in amount of $1,061,750.00. In addition, staff is also requesting authorization of expenditures of up to $106,175.00 for construction cont ingency, bringing the total potential contract amount not -to-exceed $1,167,925.00. Finally, staff recommends that the City Council also approve expenditures of up to $106,175.00 in construction management and $53,088.00 for inspection costs.
Attachment: Construction Contract - Sancon Technologies, Inc.
12.8 NEW BUSINESS
Packet Pg. 126
Contract No.:
Approved:
AGREEMENT
Sewer Reline FY 2021/22
at
Various Locations
Project No. SW – 220
THIS AGREEMENT is made and entered into this 18TH day of January, 2021 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Sancon Technologies, Inc., hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Sewer Reline FY2021/22 at Various Locations - Project No. SW220 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of One Million Sixty-One Thousand Seven Hundred Fifty Dollars and Zero Cents ($1,061,750.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work after receiving a Notice to Proceed from the City and the work shall be completed within forty-five (45) working days. If the work is not completed within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or speci fications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless
12.8.a
Award of Contract: SW220 - Sewer Reline FY2021/22 at
Packet Pg. 127
City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
12.8.a
Award of Contract: SW220 - Sewer Reline FY2021/22 at
Packet Pg. 128
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Amer Jakher, P. E.
Director of Public Works
SANCON TECHNOLOGIES, INC.
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
Date
12.8.a
Award of Contract: SW220 - Sewer Reline FY2021/22 at
Packet Pg. 129
Revenue: Expenditure: 1002000-43300-N2032
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: JANUARY 18, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: CHRISTOPHER FLORES, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT CONTRIBUTIONS.
RECOMMENDATION
Approve community support fund contribution to Boy Scout Troop 205 in the amount of $500.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2021-22 Operating Budget.
13.9 MAYOR AND COUNCIL REPORTS
Packet Pg. 130
COUNCIL MEETING DATE: JANUARY 18, 2022
SUBJECT: COMMUNITY SUPPORT CONTRIBUTIONS
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple n on-profits and programs dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council app rove the following contribution:
• Boy Scout Troop 20 5 - $500: Promotes a local boy scout troop which supports local volunteer efforts while developing character, discipline, integrity, and leadership skills.
By approving th is contribution, this non-profit organization will be better equi pped to provide services to our community . Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve a community support contribution to the above non- profit in the amount specified.
13.9 MAYOR AND COUNCIL REPORTS
Packet Pg. 131