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 ent rance to the City Council Chambers .
Additionally, members of the public may submit electronic 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 h ours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Counc il regarding any item on this agenda will be made available in the City Clerk’s Office dur ing normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents 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
TUESDAY, MARCH 15, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54 956.9:
Harvey Allen II v. Chino Police Department, et al . (San Bernardino County Superior Court case no. CIVDS2004426)
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Gove rnment Code Section 54956.9.
Number of Cases: One Case.
CHINO CITY COUNCIL
MARCH 15, 2022 2
3. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR(S). Pursuant to Government Code Section 54957.6:
Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers Association; Chino Polic e Management Association; Chino Police Professional Employees Association; American Federation of State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 - Professional, Technical, Clerical); Chino City Hall Confidential Employee Association; Executive and Unrepresented Employees.
FLAG SALUTE
CEREMONIALS
Proclamations
National Arbor Day - April 1, 2022.
Presentations
Recognition of Chino High School Wrestling Team and Coach Alex Angulo.
Introduction of Chino Valley Fire District Firefighter/Paramedic New Hires.
Introduction of Chino Police Department Promotions.
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 public to address the City Council about subjects that do not ap pear elsewhere on the agenda. Due to Council 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 2.04.090) 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 that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.
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MARCH 15, 2022 3
1. Warrants. Approve expenses as audited and within budget for warrants 758996 to 759239, and Electronic Fund Transfers 514712E to 514801E, totaling $3,236,493.64.
2. Minutes. a. Regular Meeting of March 1, 2022 (All Members Present) b. Special Meeting of March 10, 2022 (All Members Present)
3. Termination of Local Emergency for COVID-19. Adopt Resolution No. 2022-016, rescinding the Local Emergency proclamation, originally proclaimed on March 16, 2020, resulting from the COVID-19 pandemic affecting the Ci ty of Chino, as well as authorizations allowing temporary outdoor dining and banners, as the emergency conditions no longer exist.
4. Citywide Classification and Compensation Study . Award Koff & Associates, A Gallagher Company the Professional Services A greement (PSA) for a Citywide Classification and Compensation Study in the amount of $77,385 and auth orize additional expenditures for contract contingencies of up to $7,739.
5. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022-017, approving the salary schedule increase for the position of Part-time Counselor III.
6. Amendment to the Construction Agreement LS College Park, LLC & Immediate Reimbursement Magnolia Channel . Approve an amendment to the construction agreem ent with LS College Park, LLC for the Magnolia Channel project and authorize an immediate reimbursem ent in the amount of $1,559,124.
7. Change Order and Appropriation - Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Proje ct (PK221) . Approve a change order in the amount of $10,526.64 to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project.
8. KB Home Coastal, Inc. - Subdivision Improvement Agreement Tract Map No. 19979 . Approve the Subdivision Improvement Agreement and securitie s with KB Home Coastal, Inc for Tract Map No. 19979 located at the northeast corner of Pine and East Preserve Loop Road (Exhibit A).
9. Watertight Sew er Manhole Assembly and Streetlight Connections Retrofit Project . Reject all bids for the Watertight Sew er Manhole Assembly and Streetlight Connections Retrofit Project (D4215) received on February 22, 2022 and authorize staff to re-bid the project.
10. Adoption of an Ordinance to Establish the New City Council District Boundaries (Second Reading). Adopt O rdinance No. 2022 -004 establishing the attached "Preferred Map" as the new voting district map for the City of Chino.
ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.0 6, CITY COUNCIL, OF TH E CHINO MUNICIPAL CODE
RELATING TO DISTRICT ELECTIONS WITH RESPECT TO ELECTING CIT Y COUNCIL
MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
M _____ S _____ RC _____
NEW BUSINESS
11. SCAQMD Budget Appropriation to Project WA19C. Appropriate $750,000 from the South Coast Air Quality Management District Subvention Fund to project WA19C to fund construction of the Brine Disposal Pipeline.
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MARCH 15, 2022 4
Staff Report by: Joslyn Blakely, Project Coordinator.
RECOMMENDATION: 1) Appropriate $750,000 to the Eastside Water Trea tment Facility Expansion and Brine Pipeline Project WA19C from the unappropriated reserves of SCAQMD Fund 325; 2) increase the project budget for WA19C to $19,358,030; and 3) autho rize the City Manager to process the necessary documents on behalf of the City.
M _____ S _____ RC _____
12. Fiscal Year 2021-22 Mid-Year Financial Review. Receive and file the Financial Review Status Report and consider amendments to adopted budget appropriations/expected revenues and consider contract amendments and purchase order increases.
Staff Report by: Rob Burns, Director of Finance.
RECOMMENDATION: Receive and file the Financial Review Status Report; 2) appropriate $1,210,000 from the unappropriated r eserves of the General Fund, $75,000 from the unappropriated reser ves of the Transportation Fund; $540,000 from the unappropriated reserves of the Landscape & Lighting Fund; $3,000 from the unappropriated reserves of the Assessment District Fund; $544,000 from the unappropriated reserves of the Water Fund ; $216,000 from the unappropriated reserves of the Sewer Fund; $6,000 from the unappropriated reserves of the Storm Drain Fund ; $61,000 from the unappropriated reserves of the Sanitation Fund; $640,291 from the unappropriated reserves of the Liability Insura nce Fund; $1,085,000 from the unappropriated reserves of the Employee Benefits Fund ; and $ 407,000 from the unappropriated reserves of the Equipment Management Fund; 3) increase the revenue budget in the amount of $ 1,125,000 in the General Fund; 4) approve contract amend ments for Transtech Engineers, IDC Consulting Engineers, Z & K Consultants, and CLS Landscape Management; 5) approve an increase to the Purchase Order s for Sidepath, Crafco Absolute , and Ace Clean Environment ; and 6) authorize the City Manager to execute a ll necessary documents on behalf of the City.
M _____ S _____ RC _____
13. BriefCam Analytical Video Software and Milestone VMS Camera Licenses . Approve a Purchase Order to Safeware, Inc., Lanham, MD, for a not -to-exceed amount of $168,306.98 for the purchase of Briefcam Analytical Video Software and Milestone VMS Camera Licenses.
Staff Report by: Dennis Ralls, Transportation Manager.
RECOMMENDATION: 1) Approve the purchase of BriefCam analytical video software and Milestone VMS camera licenses from Safeware, Inc. for $168,306.98; and 2) authorize the City Manager to execute all necessary 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 pr escheduled 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
CHINO CITY COUNCIL
MARCH 15, 2022 5
Council Member Comstock
Council Member Flores
Council Member Pocock
14. Community Support Fund Contribution . Approve community suppor t fund contribution in the amount of $350 each to Chino American Little League and Chino National Little League.
Staff Report by: Council Member Pocock.
RECOMMENDATION: Approve a community support fund contribution in the amount of $350 each to Chino American Little League and Chino National Little League.
M _____ S _____ RC _____
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, April 5, 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, March 11, 2022 this agenda was posted on the south window of Chino City Hall and this agenda 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.
4.a
Arbor Day - April 1, 2022
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 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 758996 to 759239, and Electronic Fund Transfers 514712E to 514801E, totaling $3,236,493.64.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
10.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 758996 – 758999 2/10/22 21-22 $8,707.75
2. 759000 – 759003 2/10/22 21-22 $31,225.39
3. 759004 – 759118 2/11/22 21-22 $553,600.23
4. 759119 – 759120 2/17/22 21-22 $19,464.60
5. 759121 – 759239 2/17/22 21-22 $1,262,196.31
6. 514712E – 514750E 2/11/22 21-22 $959,265.72
7. 514751E – 514801E 2/18/22 21-22 $402,033.64
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $3,236,493.64
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
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Council Meeting 3/15/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
759049 02/10/2022 HAZEN AND SAWYER EWTF EXPANSION DESIGN SERVICES $226,490.76 759105 TRINITY ESCROW, INC. HOME IMPROVEMENT-12400 CYPRESS #24
$51,681.00
514714 02/11/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-FEBRUARY $101,677.97 514717 CLS LANDSCAPE MANAGEMENT, INC. LANDSCAPE MAINTENANCE $61,438.98 514726 FISHER SCIENTIFIC CO LLC CITY CONSIDERATION 10/1/21-12/31/21 $684,363.00 759142 02/17/2022 CALIAGUA INC BENSON LIFT STATION PROJECT $175,144.52 759168 HAZEN AND SAWYER WATER MASTER PLAN $93,792.14
759175 JAMES MCMINN, INC. 3-SYSTEM STORM DRAIN PROJECT $178,267.66 759178 KLASSIC ENGINEERING & CONSTRUCTION INC AYALA N. PARKING LOT IMPROVEMENTS $119,405.30 759215 SEQUEL CONTRACTORS, INC. STREET REHAB. – PIPELINE & RAMONA
AVENUES
$286,235.00
514796 02/18/2022 WATER FACILITIES AUTHORITY IMPORTED WATER $213,695.08
11 TOTAL $2,192,191.41
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Warrants
Packet Pg. 9
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY MARCH 1, 2022
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The March 1 , 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:00 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.
PUBLIC HEARING
1. Redistricting Preferred Map and First Reading of an Ordinance to Adopt the New City Council District Boundaries . Approve the Introduc tion of Ordinance No. 2022 -004, adopting the attached "Preferred Map" as the new voting district map for the City of Chino.
Mayor Ulloa opened the public hearing.
Staff Report by: Fred Galante, City Attorney.
There being no requests to address the City Council on this item, the public hearing was closed.
City Attorney Galante read the title of the ordinance into the record.
ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.0 6, CITY COUNCIL, OF THE CHINO MUNICIPAL CODE
RELATING TO DISTRICT ELECTIONS WITH RESP ECT TO ELECTING CITY COUNCIL
MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll call vote, to 1) conduct the public hearing and receive public comments on the Preferred Voting District Map; 2) consider and approve the introduction of Ordinance No. 2022-004, adopting the Preferred Voting Distri ct Map as the City of Chino's new voting district map to be read b y number and title only and waive further reading of the ordinance.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
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MARCH 1, 2022 2
CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating March 2022 as “National Nutrition Mon th” in Chino and presen ted it to Brittany Zarcal, Community Services Coordinator, Healthy Chin o; and Amy Wong, Nutritionist, and Celeste Rodriguez, Nutrition Eligibility Specialist, Chino Valley Unified School District.
Presentations
Mayor U lloa recognized Susan Esguerra of Chin o as the recipient of the March 20 22 Mayor's Home Beautification Award.
Mayor Ulloa recognized Chino Plaza Pharmacy as the recipient of the March 2022 Business of the Month Award and presented it to Jay Kim, Owner.
AGENDA ADDITIONS/REVISIONS
City Attorney Galante announced that after the posting of this agenda, staff became aware of a threat to public services or facilities that requires immediate attention. Purs uant to California Government Code section 54954.2(b), this item may be added to the Closed Session agenda so long that the City Council approves its addition by two-thirds vote or a unanimous vote if less than two-thirds of the council are present. If approved the Closed Session will commence following the Open Session.
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to California Government Code section 54957
Consultation with: Chino Police Chief Wes Simmons
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll call vote, to add Closed Session item to the agenda as follows: Threat to Public Services o r Facilities pursuant to California Government Code Section 5957.
Consultation with Chino Police Chief Wes Simmons.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events and activities:
• 12th Annual Chino Youth Museum DairyAire 5K and Fun Run on Saturday, March 5 th at Ayala Park located near the Chino Valley YMCA a t 5575 Edison Avenue. The Kids' Run will start at 8 :00 am with the 5K run/walk beginning at 8:15 am. For all information, please visit runchino.com or email [email protected]. • Cultural Palooza on Saturday, March 19th on the lawn in front of City Hall from 4:00 p.m. to 9:00 p.m. This event celebrates Chino’s rich a nd various cultures with an evening of entertainment, great food , and shopping . For more information, please ca ll our Community Services Department at (909) 334-3258.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
MARCH 1, 2022 3
• Civic Center Master Plan online community survey is avai lable to all Chino residen ts.
The goal is to determine the community's priorities for improving the recreational and business experiences and facilities in the Civic Center area. The survey, along with more information about the Civic Center Master Plan study, can be fo und at the project website www.heartofchino.com.
PUBLIC COMMENTS
Don Porter of Cross Point Church provided the Invocation.
Melissa Compani from Supervisor Curt Hagman’s office made the following announcements:
• Micro Business COVID Grant Relief program began on February 28th and will remail open until all the program funds are expended, more information is ava ilable at www.selectsbcounty.com;
• Coffee with Curt on February 26th from 9:00 a.m. to 10:30 a .m. at the Montclair Police Department; and
• Free COVID test kits are available at the Chino County Library.
Amy Rowland, 7th Street resident, spoke about the concerns shared by residents of the 7th street community allegedly caused by patro ns of Isaiah ’s Rock. The conc erns include damage to property; public intoxication and drug use; nuisance; loitering; and littering. While the residents would like to work with Isaiah’s Rock, they request assistance from the city about health and safety protocols that can be implemented to protect the quality of life for residents on 7th Street.
Fionna Miron , Ellen Beek, and Charle ne Ki ng spoke in support of Isai ah’s Rock and their mission to he lp others. They explained that members of Isaiah’s Rock would like to work in collaboration with the neighborhood to address the residents’ concerns.
Mayor Ulloa shared that she and Co uncil Member Flores me t today to discus s homeless concerns with City Manager Matt Ballantyne, Police Chief Wes Simmons, Police Captain Kevin Menson, Director of Community Services Linda Reich, and Director of Development Services Nick Liguori.
Police Chief Wes Simmons thanked the resid ents of 7 th Street for attending the ne ighborhood watch meeting hosted by Chino P olice Department last week and for attending tonight ’s City Council meeting to share their concerns . In response to requests made at the neighborhood watch meeting, the city installed a police observation camera al ong 7th Street to addres s concerns about crime and vandalism. Also, Chino Police Officers and the City’s Quality of Life Team will increase their presence in this area . Additionally, city and county representatives will meet with Charlene of Isaiah’s Rock to discuss options for addressing some of these issues.
Director of Community Services Linda Reich accompanied by Director of Development Services Nick Liguori met with representatives from the cities of Lake Elsinore and Wildomar and toured their transitional housing facility. Director Reich reported on the successes these communities have had with their homeless task force and efforts to address homelessness. She explained that transitional housing provides a temporary location for the homeless and unsheltered population while the agency works to get them assistance with mental health issues and placed into an alcohol and /or drug treatment program with the goal of finding long term housing.
Director Reich thanked the residents for attending the meeting and sharing their concerns. She stated that staff will continue to provide services to those willing to accept them.
Mayor Ulloa requested that Director Reich and staff assemble a homeless task force and explore transitional housing opportunities in the city. Mayor Ulloa offered to assign tw o Council Members to the task force.
10.2 CONSENT CALENDAR
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MARCH 1, 2022 4
City Manager Ballantyne stated that with the concurrence of the Council staff will assemble a homeless task force that would work toward a permanent solution to address homelessness.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 758752 to 758995, and Electronic Fund Transfers 514623E to 514711E, totaling $3,936,841.20.
2. Minutes - Regular Meeting of February 15, 2022 (All Members Present).
3. Elected City Officials’ Report Regar ding Travel, Traini ng, and Meetings. Receive and file the Elected City Officials' Report reflecting City Cou ncil business related expenses incurred by the City and forecast of future events and trainings.
4. Federal Asset Forfeit ure Funds - Trunk Vault. Appropriate $9,261.76 from the Federal Asset Forfeiture / Department of Justice Fund to purchase and install trunk vaults to four Chino Police Department vehicles assigned to the Detective Bureau.
5. Vendor Cap Increase and Amendment to Purchase Order with Bob Wondries Motors. Approve a vendor cap increase for Bob Wondries Motors, Alahambra, CA, in the amount of $48,307.68, for a revised FY21 -22 vendor cap amount not -to-exceed $289,846.08 and approv e an amendment to Purchase Order No. 70220439.
6. Final Acceptance of Public Improvements - PL 17-0059 (Chino Self Storage, LLC). Accept the public improvements constructed by Chino Self Storage located at 15950 Euclid Avenue south of Kimball Avenue as complete.
7. Adoption of Ordinance No. 2022-002 (MSSPA) (Second Reading). Adopt Ordinance No. 2022- 002 on second reading, amending the Majestic Spectrum Specific Pl an to allow for animal care to be a conditionally permitted use.
ORDINANCE NO. 2022-002
AN ORDINANCE OF T HE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN LAND USE MATR IX TO ALLOW
FOR ANIMA L CARE TO BE A CONDIT IONALLY PER MITTED USE WITHIN THE RM (REGIONAL MALL ) LAND U SE DI STRICT. PL21-0047 (MAJESTIC SPECTRUM SPECIF IC PLAN AMENDMENT).
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll call vote, to approve Consent Calendar items 1 through 7 as presented.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
CONTINUED BUSINESS
8. Adoption of Ordinance No. 2022 -003 (EBPSPA) (Seco nd R eading). Adopt Ordinance No. 2022-003 on seco nd reading, amending t he Eucalyptus Bu siness Park Specific Plan to allow the sale of Recreational Vehicles.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
Director Li guori rep orted tha t a letter from Calvary Chapel in support of the application was submitted to staff for consideration by the City Council.
10.2 CONSENT CALENDAR
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Mayor Ulloa invited the applicant to address the City Council.
Jacob LaBlanc, applicant, requested the City Council reschedule consideration of the first reading of the ordinance to include the land use zone change as originally submitted. He shared that he met with Mayor Pro Lucio to discuss his concerns. Also, he met with representatives from Calvary Chapel and they support the application and proposed l and use change. He further explained that his request is to create consistency between the General P lan and the zoning designation.
City Attorney Galante clarified that if the City Council approves the applicant’s request to reconsider the ordinance, staff would need to re-notice the public hearing.
There was discussion about a comprehensive review of the City’s General Plan.
City Attorney Galante clarified that if the City Council adopts the second reading as presented , the request for th e land use rezoning is den ied. Pursuant to Chi no Munici pal Code Section
20.23.030 when an application is denied the applicant must wait a year to resubmit the application.
There was discussion regarding the existing zone designations of adjacent properties. Also, a preference that rezoning occur at the time of prop erty acquisition. There was consensus by the City Council to wait and consider the request to rezone this area until a future date and closer to the tenant lease term expiration date scheduled for May 2023.
ORDINANCE NO. 2022-003
AN O RDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORN IA,
AMENDING THE EUCALYPTUS BUSINESS PARK SPEC IFIC PLAN TO ALL OW
RECREATIONAL VEHICLE SALES AS A PERMITTED LAND USE WITHIN THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AUTO MAL L (AM) LAND U SE DESIGNATION. PL21-0042 (EUCALYPTUS BUSINESS PARK S PECIFIC PLAN AMENDMENT).
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5-0 roll call vote, to adopt Ordinance No. 2022-003 on second reading, amending the Eucalyptus Business Park Specific Plan to allow the sale of Recreational Vehicles.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
9. Change Order - Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project (PK221). Approve a change order in the amount of $45,101.31 to Klassic Engineering and Construction Inc., Orange, CA f or the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project PK221.
Staff Report by: Keith Martinez, Assistant Project Coordinator.
There was discussion regarding the ADA settlement agreement and associated parking lot A5 improvements at Ayala Park. City Attorney Galant e e xplained there is a one-time fee in the amount of $15,000 due if the improvements at parking lot A5 are not completed by the agreed upon date. However, the agreement does not impact the other components of the project.
10.2 CONSENT CALENDAR
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There was further discussion regarding p roject delays due to unanticipated work, weather, and shipping delays.
City Manager Ballantyne explained tha t a considera ble amount of time was spent on project design with a focus on accessibility. Additionally, the scope of the project was expanded to include a shade structure and other improvements. Those two factors have a significant impact on the number of change orders and timing for completion of this project.
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5-0 roll call vote, to 1) approve a change order in the amount of $45,101.31 to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements – North Parking Lot, Picnic Pavilion, and Accessibility Project; 2) appropriate $32,703.41 from the unappropriated r eserves of the park fund and inc rease the proje ct b udget to $1,715,790.25; 3) approve a proj ect contingency of $4,510; 4) authorize a vendor cap increase of $32,703.4 1 to equal a total not -to-exceed amo unt of $1,589,709.27; an d 3) authorize the City Manager to execute all documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
10. Award o f Co nstruction Contract – Well 11 Raw W ater Transmission Main Project (WA2 11).
Adopt a Resolution for Initial Study/Mitigated Negative Declaration and Award a Construction Contract in the amount of $2,667,685.22 to MCC Equipment Rentals, Inc. for construction of the Well 11 Raw Water Transmiss ion Main Project (WA211) and approv e associate d pro ject expenses.
Staff Report by: Natalie Avila, Associate Engineer.
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 roll call vote, to 1) adopt Resolution No. 2022-015, adopting a Mitigated Negative Declaration for the Well 11 Raw Water Tran smission Main Project (WA211); 2) award a construction con tract to MCC Equipment Rentals, Inc., Yucapia, CA, in the amoun t of $2,667,685.22, for the construction of the W ell 11 Raw Wate r Transmission Main Project; 3) authorize additional expenditures up to $266,768.52 for construction contingencies, for a potent ial total contract amount not -to-exceed $2,934,453.74; 4) appro ve additional expenditures for project management , geotechnical inspection services, construction management, and associated project expenses in an amount not to exceed $430,000; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
MARCH 1, 2022 7
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa re ported on meeti ngs and events attended since the la st meeting that incl ude the Mayor’s P rayers Breakfast; City Council and Executive Management Team (EMT) Retreat; Appropriative Pool Confidential Session and Advisory Committee; tour of Fire Stations; meeting with representatives from Potter’s Wheel to discuss a new church location; City of Chino State of the City Address at the Planes of Fame ; S tudent Government Day; West End Mayors meeting in Ontario; meeting with Congresswoman Norma Torres regrading the Pine Avenue extension and other construction projects on the 71 Freeway and 91 Freeway; and meeting with staff to discuss homelessness issues and community concerns.
Mayor Pro Tem Lucio
Mayor Pro Te m Luci o reported o n meetings and even ts attended since the last meeting th at include the Mayor’s P rayer Breakfast; City C ouncil and EMT Retreat; Tour of F ire S tations; meeting with Jacob LaBlanc of Panattoni regarding his rezoning application; City of Chino State of the City Address at the Planes of Fame; Student Government Day; meeting with staff about truck and commercial enforcement staffing needs; meeting with School District representatives; and meeting with Congresswoman Norma Torre s about the Pine Avenue extension and other construction projects on the 71 Freeway and 91 Freeway.
Council Member Comstock
Council Member Comstock reported on meetings and events attended since the last meeting that included the Ci ty Council and EMT Retreat; tour of Fire Stations; Chino State of the City Address at Planes of Fame; Student Government Day; meeting with staff about truck and commercial enforcement staffing needs; meeting with School District representatives; and Community Services Commission meeting. Council Member Comstock thanked the residents from 7th street and Isaiah’s rock church congregation for their testimony. She stated staff is well underway to mitigating some of the issues and coming up with a long term solution.
Council Member Flores
Council Member Flores reported on meetings and events attended since the last meeting that included City Council and EMT retreat; tour of Fire S tations; Fire Department ride-along; Chino State of the City Address at Pla nes of Fame; 7 th Street Neighb orhood Watch meeting; Boy Scout 205 Blue and Gold Dinner; and Community Services Commission meeting . Council Member Flores thanked all of the community members from 7th street for attending the meeting and sharing their concerns.
Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Mayor’s Prayer Breakfast; City Council and EMT Retreat; tour of Fire Stations; City of C hino S tate of the City Address at the Planes of Fame; Student Government Day; and Planning Commission meeting. Council Member Pocock congratulated Assistant to the City Manager Jack Morgan o n the birth of his new born baby. Lastly, he issued a reminder that the Corn Feed Run is scheduled for April 23, 2022 and encourage everyone to attend.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
MARCH 1, 2022 8
City Manager's Report
City Manager Matt Ballantyne reported that Kimball Avenue is open, one lane in each direction .
He cautioned drivers to proceed with c are as Kimball Avenue is s till a c onstruction area. He thanked staff and the paving contractor for their efforts to complete this first phase of the project.
City Attorney's Report
City Attorney Fred Ga lante provided clarification on the AD A settlement agreement for Ayala Park.
Police Chief's Report
Police Chief Wes Simmons gave a presentation on the Chino Police Department 2021 Annual Report.
Fire Chief's Report
Fire Chief Dave Willia ms reported on calls for ambulance services in the Chino Val ley. Also, informed the Ci ty Council that the fire district will consider approval of the redistricting map at their next re gular meeting. Lastly, he reported on recent promotion s and the Chief’s Badge Pinning Ceremony scheduled for March 24, 2022 at 3 pm at Fire Station 61 in Chino.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to California Government Code section 54957
Consultation with: Chino Police Chief Wes Simmons
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to Closed Session at 9:05 p.m. and concluded at 9:47 p.m. The City Council reconvened the meeting at 9:47 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported that City Council received a briefing on this matter and took the following action:
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote, to direct the City Attorney to pursue legal action as necessary to protect City Hall and City employees.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
ADJOURN
The meeting adjourned at 9:50 p.m. The next Regular Meeting of th e City Council w ill be h eld on Tuesday, March 15, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary ) in these Counc il Chambers.
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CHINO CITY COUNCIL
MARCH 1, 2022 9
APPROVED AND ADOPTED THIS 15th DAY OF MARCH, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
THURSDAY – MARCH 10, 2022
CLOSED SESSION - 12:00 PM
M I N U T E S
CALL TO ORDER
The March 1 0, 2022 , Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 12:00 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 into the record the item listed on the Closed Session agenda.
1. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.
Title: City Manager
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to Closed Session at 12:01 p.m. and concluded at 1:40 p.m. The City Council reconvened the meeting at 1:40 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred G alante reported that City Council held a discussion and took the following action:
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5 -0 vote, to 1) appoint Anthony Arroyo, Director of Human Resources/Risk Management to act as Interim City Manager in addition to his current duties with details of the term of the appointment to be finalized by the City Attorney per City Council direction. The formal appointment would apply following the April 18 th effective date o f the City Manager’s departure. 2) established an Ad Hoc Subcommittee of the City Council comprising of Mayor Ulloa and Mayor Pro Tem Lucio to coordinate the process for recruitment of the permanent city manager.
CONSENT CALENDAR
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MARCH 10, 2022 2
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
ADJOURN
The meeting adjourned at 1:41 p .m. The next Regular Meeting of the City Council will be held on Tuesday, March 15, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 15th DAY OF MARCH, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MATTHEW C. BALLANTYNE, CITY MANAGER
SUBJECT: TERMINATION OF LOCAL EMERGENCY FOR COVID-19.
RECOMMENDATION
Adopt Resolution No. 2022-016, rescinding the Local Emergency proclamation resulting from the COVID-19 pandemic, originally proclaimed by the City Manager of the City of Chino on March 16, 2020 and ratified by Chino City Council on March 17, 2020, as well as authorizations allowing temporary outdoor dining and banners, as the emergency conditions no longer exist.
FISCAL IMPACT
There is no fiscal impact associated with this action as there is no cost to terminate this local emergency.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: TERMINATION OF LOCAL EMERGENCY FOR COVID-19
PAGE 2
BACKGROUND
On March 16, 2020, the City Manager, serving as the designated Director of Emergency Services for the City of Chino pursuant to Municipal Code Section 2.48.050, proclaimed a local emergency, resulting from the COVID -19 pandemic. The Local Emergency procla mation was ratified by City Council on March 17, 2020.
Subsequently, on June 16, 2020, the City Council adopted Resolution 2020 -036, allowing for temporary outdoor dining facilities to be permitted, in order to allow restaurants and other food service businesses to be able to serve patrons and remain in business while also following state and county public health orders. On December 15, 2020, the Council adopted Resolution 2020 - 078, which suspended City requirements for time limits on temporary banners, as a way for businesses in town that were closed as a result of the pandemic to make patrons aware of their re-opening.
The County of San Bernardino recently rescinded their local emergency proclamation on March 1, 2022.
ISSUES/ANALYSIS
In consultation with affected departments, the City Manager, while serving as the Director of Emergency Services, has determined that emergency conditions no longer exist and therefore the continuation of the Local Emergency proclamation to and for the COVID -19 pandemic is no longer needed. Consequently, it is recommended that the City Council rescind the existence of this local emergency in accordance with Government Code section 8630(d).
Because the state of emergency is ending, the provisions of Resolution 2020 -036 and Resolution 2020-078 will also conclude. While most restaurants in the City have ceased their temporary outdoor dining operations, a 120 -day amortization period will be implemented in order for restaurants to have adequate time to wind down these operations. L ikewise, a 60-day amortization period will be implemented for temporary banners, giving businesses time to obtain permits and bring them into compliance with the Sign Code.
Attachment: Resolution No. 2022-016
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RESOLUTION NO. 2022-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA RESCINDING THE PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF
CHINO AND RELATED ACTIONS RESULTING FROM THE NOVEL
CORONAVIRUS (COVID-19)
WHEREAS, on March 16, 2020, the City’s Director of Emerg ency Services declared a local emergency thereby activating the Emergency Operations Center due to threa ts to people within the City from COVID -19, which threats are likely to be beyond the control of the services, personnel, equipment and facilities of th e City and will likely require the combi ned forces of the other political subdivisions of the county, state and federal government; and
WHEREAS, on March 17, 2020, the Chino City Co uncil adopted Resolution No. 2020-015 to ratify and confirm the declaration of a local emergency by the Emergency Services Director; and
WHEREAS, the local emergency and associated actions were designed to assist in coordinated public hea lth respons e to reduce transmission and illness severity, provide ass istance to health care providers, coordinate and mitigate public services tha t may be disrupted from thi s emergency, and mitigate any other effects of this emergency on the citizens of the City; and
WHEREAS, on June 15, 2021 the state of California reopened as the Governor ended capacity limits and distancing requirements; and
WHEREAS, in the County of San Ber nardino COVID -19 numbers continue to d rop and vaccines are now available for everyone ages 5 years old and older; and
WHEREAS, infection rates are also significantly decreasing, which indicate that the direct threat appears to no longer have a high degree of urgency that might warrant an emergency order; and
WHEREAS, the City Council has separately conside red the ado ption of an Outdoor Dining Ordinance to continue to assist and protect local businesses after this local declaration of emergency has been lifted; and
WHEREAS, repeal of the current local order would still leave the City in compliance with Governor’s Sta te of Emergency and would not impact the ability of the City’s partner agencies to continue coordination in the pandemic and vaccination response; and
WHEREAS, on March 1, 2022 , the County of San Bernardino Board of Supervisors determined that emergency c onditions no longer exist and therefore continuation of the emergency proclamation pertaining to the Novel C oronavirus (COVID-19) affecting San Bernardino County is no longer needed; and
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WHEREAS, the City now desires to lift the declaration of the local e mergency, subject to the winding down of certain measures to address the impacts of the pandemic on City staff and the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth hereinabove are true and correct and incorporated by reference.
SECTION 2. The City Council finds and orders that the proclamation of the ex istence of the local emergency, as enacted by a “ A Resolution of the City Council of the City of Chino, California Confirming the Proclamation of the Existence of a Local Emergency Within the City of Chino (COVID- 19) by the Director of Emergency Services Pursuant To Chino Municipal Code Chapter
2.48” (Resolution No. 2020-15) is hereby rescinded along with a recission of the following addi tional actions implemented as a result of such local emergency declaration:
A. Outdoor Dining Policy: A Resolution of the City Council of the City of Chino, California, Temporarily Suspending City Regulations That Would Prohibit Outdoor Dining in Order to Allow Restaurants to Operate at Full Capacity While Also Complying With Socia l Distancing Requirements (Resolution No. 2020 -036), which rescission shall be effective 12 0 days from the adoption of this Re solution or by July 1 3, 2022 . A fter July 1 3, 2022, all persons or business with outdoor dining must operate consiste nt with the Chino Municipal Code and any other applicable requirements, including those required for entitlements.
B. Temporary Banner Sign Policy: A Resolution of the City Council of the City of Chino, California, Temporarily Suspending the Time Period for Temporary Banner Signs in order to help Commercial B usinesses recover during t he COVID -19 Pandemic (Resolution No. 2020 -078), which rescission shall be eff ective 60 days from the adopti on of this Re solution or by May 16, 2022.
After May 14, 2022, all persons displaying banner or signs for any business must comply with the Sign Code (Title 16) of the Chino Municipal Code and any other applic able requirements, including those required for entitlements.
SECTION 3. Any other remaining emergency order, directive, or regulation enacted under the proclamation of a local emergency for COVID -19 shall automatically exp ire, effective immediately, and the proclamat ion of the local emergency is hereby rescinded in full. All app licable requirements of State and federal law shall continue to apply.
SECTION 4. The City Manager, or designee(s), is authorized and directed to implement the policies identified in this Resolution for and on behalf of the City.
SECTION 5. The City Clerk shall ce rtify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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PASSED, APPROVED AND ADOPTED this 15th day of March, 2022.
EUNICE 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 t hat the foregoing Resolution was duly adopted by t he City Council at a regular meeting hel d on the 15th day of March 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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Revenue: Expenditure: 6405020-43650
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: CITYWIDE CLASSIFICATION AND COMPENSATION STUDY.
RECOMMENDATION
1) Award Koff & Associates, A Gallegher Company the Professional Services Agreement (PSA) in the amount of $77,385 for a Citywide Classification and Compensation Study; 2) authorize additional expenditures for contract contingencies of up to $7,739, for a total agreement amount not-to exceed $85,124 3) increase vendor cap for Koff & Associates, A Gallegher Company by $85,124 for a total vendor cap amount of $207,818; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds in FY 2021-22 Employees Services Operating Budget.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: CITYWIDE CLASSIFICATION AND COMPENSATION STUDY PAGE 2
BACKGROUND
The City last conducted a Citywide Classification and Compensation study over ten (10) years ago. Due to changes in the labor market and job classifications, staff received Council direction on January 18, 2022 to seek proposals for a citywide classification and compensation study.
Once completed, the City will be provided recommendations for any changes to classif ications and salaries. Upon receiving the results of the study, the City is under no obligation to amend the salary table. It is anticipated that, after review of the results, changes may be made to various classifications when the Memorandum of Understa nding with the City's various bargaining groups expire on June 30, 2023.
ISSUES/ANALYSIS
The City recognizes the importance of evaluating the City's market competitiveness to ensure it is able to attract and retain the most qualified and talented employee s to comparable government entities and private employers within the geographic areas. While the City believes it maintains competitive wages and benefits, the objective of a classification and compensation study is to 1) address any classification change s in the City; 2) align salaries with assigned duties; 3) outline career ladders and promotional opportunities; 4) validate pay differential between individual classes.
In order to fulfill the City’s aforementioned objectives, on February 8, 2022, City s taff posted a solicitation requesting proposals from qualified human resources firms via Planet Bids. The primary scope of the proposal was to survey up to 60 classifications. Many of the positions will be bench-marked to positions within the same classi fication. Two proposals were received by the deadline of February 22, 2022. Staff reviewed the submitted proposals to evaluate experience, qualifications of personnel and proposed approach to the study. Firms were asked to submit fee schedules and propos ed costs separately and were considered in the evaluation criteria. All proposals had the required scope of work/tasks and were ranked according to the table below:
COMPREHENSIVE CITYWIDE CLASSIFICATION AND COMPENSATION STUDY (RFP #20225001)
Firm Ranking Base Fee
Koff & Associates, A Gallagher Company 1 $77,385
Transformance Consulting 2 $45,500
It was determined that Koff & Associates was the most qualified firm to perform the services desired by City staff. Koff & Associates' methodology in condu cting a comprehensive classification and compensation study is proactive and thorough in addressing the needs of the City.
Koff & Associates, was also previously awarded a contract with the City to provide an analysis of the Water Division and survey of the employees represented by the Association of Federal, State and Municilpal Employees (AFSCME), which was a requirement included in their Memorandum of Understanding.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: CITYWIDE CLASSIFICATION AND COMPENSATION STUDY PAGE 3
Therefore, staff recommends the approval of a Professional Services Agreement (PSA) wi th Koff & Associates, in the amount of $77,385 for a Citywide Comprehensive Classification and Compensation Study and authorize additional expenditures for contract contingencies of up to $7,739 for a not to exceed contract amount of $85,124.
Attachments: Professional Services Agreement - Koff & Associates, A Gallagher Company
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Project Name/No.: Citywide Classification and Contract No.:________________ Compensation Study
Project Manager: Anthony Arroyo Approved: ______________
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 16st day of March, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Koff & Associates, a division of Gallagher Benefit Services, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposa ls or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performanc e of the services defined and described particularly i n Article 1 of this Agreem ent, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of th e mutual promises and cove nants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condi tions of this Agr eement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the ser vices required under this Agreement in a thorough, com petent, a nd professional m anner, and is experienced in performing the work and services contemplated
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herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit fo r the purpose intended. For purposes of this Agreement , the phr ase “highest prof essional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
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.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the Ci ty and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in Californi a Labor Code section 1720 et seq. and California Code of Regulations, Title 8, S ection 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 ot her appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefor e 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 notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by La bor 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 t his Agree ment, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the s ame at each job site where work is performed under this Agreement.
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(c) Penalty for F ailure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning 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 be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subco ntractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records 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 pu blic works projects. Contr actor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit 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 bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement b y the Con tractor 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 Divis ion 2, Pa rt 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 an y one week shall be permitted upon public work upon co mpensation for all hours w orked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation t o 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 emp loyer to be insured agains t liability for workers' compensation or to
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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing th e 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, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Sectio n 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 req uired to take all actions necessary to enforce such co ntractual provisions and e nsure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming a ware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits an d approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, wh ich may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, ass essments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be p erformed, (ii) has careful ly considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this A greement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Sco pe 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
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Consultant under this Agreement is compatible, and shall be fully functional, wi th such infrastructure, equipment, computer system and software of the City. Co nsultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish cont inuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, un til acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agr eement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsibl e for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidati ng this Agreement, to order extra work beyond that spe cified in the Scope of Ser vices or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given 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 the written approval of the Consultant. Any increase i n compensation for extra work shall require the approv al of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not app ly to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope o f 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.
1.11 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 a s Exhibit “B” and incorpor ated herein by this reference. 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitat ions set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein b y this reference. The total compensation, including re imbursement for actual exp enses, shall not e xceed Seventy-Seven Thousand Three Hundred Eighty-Five Dollars and Zero Cents ($77,385.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expe nses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at al l project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for paym ent 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 i nvoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line item s for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requi res 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 prevailin g wage rates fo r all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreem ent, 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 submitted by the Consultant to determine whether the work performed and expens es incurred are in compliance with the provisions of t his Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided 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 c orrect and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time peri od. 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 for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Ag reement may be contingent upon State bud get 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.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 al l services within the time period(s) established 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 approved in writing by the Project Manager but not exceeding one hundred eighty (180) 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 Agr eement shall be extended 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, eart hquakes, floods, epidemics, quarantine restrictions, r iots, 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 performing the services for the period of the enforced delay when and if in the judgment of the Project Ma nager such delay is justified. The Project Manager ’s determination shall be final and conclusi ve 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 e xtension 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 completio n 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 amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Georg S. Krammer Managing Director (Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be res ponsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agre ement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, 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, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City i n any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City . Consultant shall not at any time or in any ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Claudia Allen, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which mu st be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mo de or means by which Consultant, its agents o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only su ch o bligations as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are
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agents or employees of City. City shall not in an y way or for any purpose become or be deemed to be a partner of Consultant in its business or oth erwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, ca pability and reputation of Consultant, its principal s an d employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of t he City. In add ition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of credi tors or otherwise, without the prior written approva l of City. Transfers restricted hereunder sha ll include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cu mulative basis. In the event of any such unap proved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 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 ob tain, pro vide and maintain at its own expense during the term of th is Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial genera l liability insurance with coverage at least as broa d 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 i nclude contractual liability that has not been amend ed. 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 Insur ance Services Office form CA 00 01 covering bodily i njury and prope rty 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, in 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 amoun t 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
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Agreement and Consultant agrees to maintain contin uous coverage through 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 Liabi lity Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirement s st ated 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 . Consult ant shall provide certificates of insurance to City as evidence of the insurance coverage require d 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 commencement of performance. Current c ertification of insurance shall be kept on fi le 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 of coverage . Consultant s hall procure an d maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to 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 with it. The limits of insurance requi red 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 t he benefit of City before the City’s own insu rance 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 spec ifications 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 wi ll 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 Commis sioner to transact business of insurance or that is on t he List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the l atest edition of Best’s Key Rating Guide, unless oth erwise 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 ele cted or appointed officers, agents, officials, emplo yees and volunt eers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereb y 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 act ual or al leged failure on the part of the City to in form Consultant of non -compliance with any re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverag e features or limits contained in this section are n ot i ntended as a limitation on coverage, limi ts 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 cla rification 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 th e 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 cancellatio n. Consultant agrees to oblige its insurance agent o r broker and in surers 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 liabilit y po licies shal l provide or be endorsed to pr ovide 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 limitati ons. 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 s uit is brought, except with respect to the insurer’s limit s of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(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, pr ovide 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 t his 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 specificati ons. The City r eserves 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 additi onal cost to th e Consultant, the City and Con sultant 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 d eductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall gi ve City p rompt and 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 insura nce. Cons ultant shall also procure and maintain, at its own cost an d expense, any additional kind s of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitra tion or regulatory claims, damages to perso ns o r 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 neg ligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is le gally lia ble (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered agains t the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to s ave and hold th e City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with i ts subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify Cit y hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or li abilities arising from any negligent or wrongful act , error or omission, or reckless or willful m isconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a resul t of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be l imited to claims and liabilities arising out of the negligence, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subco ntractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Ci ty 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. Any and all such documents shall b e maintained in accordance with generally accepted a ccounting principles and shall be complete and detailed. 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 righ t to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any a udit is r equired. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit t o the Project Manager such reports concerning the pe rformance of th e services required by this Ag reement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be perfo rmed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the co st of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to 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 City of its full rights of ownership use, reuse, or assignment of the documen ts and ma terials hereunder. Any use, reuse or assign ment of such co mpleted documents for other pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not exten d to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any document s or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works m ade for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or w ork produ ct 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 prod uct to pe rsons or entities other than City without p rior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless r equested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of thi s Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City shou ld Consultant, its officers, employees, agents or su bcontractors be served with any summons, comp laint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any part y regarding this Agreement and the work performed there under. 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 City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall b e interpreted, construed and g overned 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, cla im or mat ter arising out of or in relation to this A greement 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.
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 w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the pe riod of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding i nvoices during the period of default. If Consultant does n ot cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall n ot be dee med to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of whic h may be in
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dispute hereunder or which are ne cessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in perf orming or faili ng to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
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 pro vision of this Agreement.
Acceptance by City of any work or services by Consultant 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 defaul t shall i mpair 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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and re medies expressl y 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 prec lude the exercise by it, at the same or different times, of any oth er rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, t o re cover damag es 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 Agreemen t. Notwithstanding any contrary provision herein, Co nsultant shall file a statutory claim pursuan t to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actua l damages for any delay in performance of t his Agreement would be extremely difficult or impractical 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 working day of delay in the performance of any service required hereunder. The City may
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withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall 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, u pon thirty (30) days’ written notice 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 M anager. In addition, the Consultant reserves the rig ht 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 s uch shorter time as the Consultant may determine. Upon receipt of any notice of termination, 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 Compe nsation or such as may be approved by the Project Ma nager, except a s provided in Section 7.3. 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. In the event of termination wit hout cause pursuant to this Section, the term inating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 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 here under exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any paym ents to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 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 conne cted with this Agreement, the prevailing pa rty in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitl ed to attorney’s fees shall be entitled to al l other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in s uch litig ation. All such fees shall be deemed to hav e accrued on co mmencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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8.1 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.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner wit h the interests of City or which would in any way hi nder Consultant’s performance of services und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an off icer, employee, agent or sub contractor without the e xpress written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial inter est or th e financial interest of any corporation, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shal l be no d iscrimination against or segregation of, any pe rson or gro up of persons on account of ra ce, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to i nsure that appl icants are employed and that e mployees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communicat ion either party desires or is required to gi ve 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 th e 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 A greement. Either party may change its address by notifying 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.
9.2 Interpretation.
The terms of this Agreement shall be construed in acc ordance 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.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agr eement including the attachments hereto is the entire, com plete and exclusive expression of the understanding of the parties. It is understood that 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 used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Cou ncil. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in t his Agreement shall be declare d 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 phrases, sentences, clauses, paragraphs, o r se ctions of t his 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 invalidit y deprive s either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
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No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, no r shall a ny official, officer, or employee of City p articipate in a ny decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or in directly 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 co nsistent with State law and shall not include intere sts 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 par ty including, but not limited to, any City official, officer, or em ployee, any money, considerati on, 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 ha s not eng aged in any act(s), omission(s), or other c onduct or collu sion 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 re sult of c onsequence of obtaining or being awarded an y agreement. Consultant is aware of and under stands that any such act(s), omission(s) or 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 _______
9.7 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 sai d party, (iii) by so executing this Agreement , such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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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 Anthony Arroyo, Director of Human Resources
CONSULTANT:
KOFF & ASSOCIATES, A DIVISION OF
GALLAGHER BENEFIT SERVICES, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate o fficer signatures required when C onsultant is a corporation, with one signature required from each of the following gr oups: 1) Chairman o f the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE A TTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, __ ______________, per sonally 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 exe cuted the same in his/her/thei r authorized 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 Californi a that the foregoin g 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 co uld 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 thi s certificate verif ies only the ide ntity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, per sonally 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 h is/her/their authorized capaci ty(ies), and that b y 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 o f California that the foregoin g paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by la w, it may prove valuable to persons relying on the docu ment 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 verifie s only the identity of the individu al who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant shall perform the Services des cribed 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.
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EXHIBIT “A-1”
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
5.1 (e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endo rsements for each subcontractor. All coverages for subcontrac tors shall include all of the requirements stated herein.
5.2 (a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required he rein, along with a waiver of subrog ation endorsement for worke rs’ compensation. 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 w ith City at all times during the te rm of this Agreement. City reserves the right to require complete, certified copies of all required insurance p olicies, at any time.
5.2 (c) Primary/noncontributing. General liability insurance C coverage provided by Consultant shall be primary and any in surance or self -insurance procured or maintained by City shall not be required to co ntribute with it. The limits of insurance requi red 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 appl y on a primary and non -contributory basis for t he benefit of City before the City’s own insu rance or self-insurance shall be called upon to protect it as a named insured.
5.2 (f) Waiver of subrogatio n. All insurance coverage , with the exception of Professional liability insurance , maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elec ted or appointed officers, agents, officials, employees and vo lunteers or shall specifically all ow 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.
5.2 (i) Notice of cancellation . Any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the City.
Consultant agrees to oblige its insurance agent or broker and in surers 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.
5.2 (j) Additional insured status . The General liability insurance policyies 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.
5.2 (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance w ith these requirements if they incl ude any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5.2 (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project w ho is brought onto or invol ved in the project by Consultant, provide the same minimu m insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
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all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consulta nt agrees that upon request, all agreement s with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
5.2 (n) Agency’s right to revise specifications. The City reserves the right at any time during th e term o f 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 m ay renegotiate Consultant’s compensation.
5.2 (o) Self-insured retentions. Any self -insured retentions must be declared to and approved by the City. City reserves the right to requ ire that self -insured reten tions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
5.2 (p) Timely notice of claims. Co nsultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from C onsultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
5.3 Indemnification and Limitation of Liability.
5.3 (c ) Add to the end of the last paragraph: Consultant’s liability to the City and any other party for any losses, injury or damages to person s or properties or work performed arising out of in connection with th is Agreement and for any other clai m, whether the claim arises in contract, tort, statute or otherwise, shall be limite d to the amount of the total fees due to Consultant from City for the particular services giving rise to the claim. NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS AGREEME NT, CONSULTANT SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PR OFITS, OR
PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
6.3 Add to the end of the paragr aph: Notwithstanding the foregoing, Consultant will retain sole and exclusive ownership of al l right, title and interest in and to its intellectual property and derivatives thereof which no data o r confidential information of the City was used to create and which w as developed entirely using Consultant’s own resources. To the extent Consultant’s intellectual property is necessary for the City to use the services provided, Consultant will grant to the City a non-exclusive, royalty-free license to Consultant’s intellectual property solely for the City’s use of such services.
Section 7.7, Liquidated Damages is hereby deleted in its entirety.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services pr ovided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approva l of the Project Manager, funds may be shifted from one Task subbudget to another so long as t he 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 2.4.
IV. The total compensat ion for the Services shall not exce ed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”
SCHEDULE OF COMPENSATION
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the following schedule:
II. The Project Manager may a pprove extensions for perfor mance of the s ervices in accordance with Section 3.2.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
Approve the salary schedule shown in the attached Resolution 2022-017 for the Part-time Counselor III.
FISCAL IMPACT
The change in salary will result in a net increase of $12,313 per fiscal year. The City absorbs 75% of the salary and the school district the remaining 25%. Should this salary adjust be made during the current fiscal year, there are sufficient funds in FY 2021-22 Operating Budgeted funds available for the increase.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE PAGE 2
BACKGROUND
The Counselor III classification is third in a series of part -time Counselor positions within the City's Salary Schedule. The Counselor III position is vital to the City's operation of Human Services, which provides Counseling services to youth, teens, and families both at Human Services located at Carolyn Owens and in all 32 schools within the district. The Counselor III is a licensed Marriage and Family Therapist providing supervision for the 40+ masters level interns and associates who are providing the counseling ser vices. Without appropriate supervision, the program cannot be sustained.
The City has had a difficult time filling the job vacancies in this classification. Due to the long - term current vacancy at the Counselor III level, it has become increasingly diffi cult to meet the demand for counseling services, which has resulted in long waiting lists for services. After researching salaries offered by other public and private agencies, it was decided to increase the salary to remain more competitive in the labor market. Community Services staff anticipates a better and more qualified applicant pool with this change.
ISSUES/ANALYSIS
Over the past few months, the Counselor III position has been on a continuous recruitment to fill a vacancy. These recruitments h ave resulted in receiving no applications for the position.
Community Services staff has researched what other public and private agencies for similar job classifications are offering and determined the hourly rate should be adjusted to provide a competitive hourly rate. It is anticipated that once the salary range is adjusted, future recruitments will attract qualified applicants.
Attachment: Resolution No. 2022-017
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RESOLUTION NO. 2022-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NO. 2021-077 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to modify the salary range for the position of Counselor II I has been identified.
NOW, THEREFORE, BE IT RESOLVED that the following position and salary schedule changes are established:
Part-time Classification (hourly salary amounts):
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Counselor III $50.00 $51.25 $52.53 $53.84 $55.19 $56.57 $57.98 $59.43 $60.92
APPROVED AND ADOPTED THIS 15th day of March, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
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 at a regular meeting held on the 15th day of March 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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Revenue: Expenditure:5407360-4364
Transfer In: 5401000-50000Transfer Out:2551000-40001
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: AMENDMENT TO THE CONSTRUCTI ON AGREEMENT LS COLLEGE PARK, LLC & IMMEDIATE REIMBURSEMENT MAGNOLIA CHANNEL.
RECOMMENDATION
1) Appropriate $1,559,124 from the unappropriated reserves of the Storm Drain Capital Fund and schedule a corresponding year -end transfer in the same amount from the Citywide Storm Drain Development Impact Fee Fund; 2) approve an amendment to the construction agreement with LS College Park, LLC for the Magnolia Channel project for not to exceed amount of $1,559,124; 3) approve an immediate reimbursement to LS Coll ege Park, LLC in the amount of $1,559,124 for the actual validated costs pursuant to Reimbursement Agreement No. 2021-129, thus fulfilling the terms of the agreement; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation from the unappropriated reserves of the Storm Drain Capital Fund in the amount of $1,559,124 with a corresponding year-end transfer from the Citywide Strom Drain Development Impact Fee Fund in the same amount. There are sufficient funds available for this transfer.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: AMENDMENT TO THE CONSTRUCTION AGREEMENT LS COLLEGE PARK,
LLC & IMMEDIATE REIMBURSEMENT MAGNOLIA CHANNEL
PAGE 2
BACKGROUND
In 2004, the City approved the multi-phase College Park Development project, which consists of master-planned residential communities and supporting infrastructure.
College Park - Phase 2, required LS College Park, LLC ( the “Developer”) to complete certain off-site improvements to Edison Avenue as a condition of approval. These improvements resulted in impacts to existing off -site drainage ditches requiring mitigation, including the Magnolia Channel.
The Magnolia Channel is a man -made, mechanically flooded, earthen channel where water from the City’s storm drains is deposited into the channel daily (see Exhibit A of the attached DIF Reimbursement Agreement). When the College Park area was pl anned for development, the City viewed it as an opportunity to make improvements to this storm drain facility that could be paid for through Development Impact Fees. In June 2012, the developer installed mitigation measures per the California Department of Fish and Wildlife and the habitat was maintained and monitored for a five-year period, ending in December 2017.
This Project was satisfactorily implemented to meet City specifications and the Magnolia Channel was formally accepted by the City Council on J une 11, 2020 and is the sole exclusive property of the City to operate and maintain.
The Magnolia Channel is a master -planned facility and is included in the City’s Development Impact Fee (DIF) program. This Project is eligible for DIF credit and reimburse ment per Chino Municipal Code, Chapter 3.40.
ISSUES/ANALYSIS
The developer submitted its backup documentation to the City Engineer, and the final accepted/approved "as -built" plans, specifications and supporting documentation were reviewed. It was determi ned that $1,559,124 (the “actual cost”) is eligible for DIF reimbursement, which is less than the original cost estimate of $1,637,900 ; thereby, necessitating an amendment to the original agreement to include the actual cost , as better described in Exhibit B, titled Amendment No. 1.
It should be further noted, t he Developer received Storm Drain DIF credits for its multiple residential development projects within College Park totaling $2,147,969.50. These credits shall be deducted from the costs associated with other storm drain facilities (mains) adjoining and within College Park, which will be reconciled in a separate construction agreement. Therefore, the amount owed to the Developer for the construction of the Magnolia Channel will be in the form of a cash reimbursement for the actual cost of said improvements.
Therefore, it is staff’s recommendation that the City Council approve an amendment to the construction credit/reimbursement agreement with LS College Park, LLC updating the estimated cost of $1, 637,900 to the actual validated cost of $1,559,124 and approve an immediate
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: AMENDMENT TO THE CONSTRUCTION AGREEMENT LS COLLEGE PARK,
LLC & IMMEDIATE REIMBURSEMENT MAGNOLIA CHANNEL
PAGE 3
reimbursement in the same amount, thus fulfilling the terms of the agreement.
Attachments: Exhibit A – Original Credit and Reimbursement Agreement No. 2021-121 Exhibit B – Amendment No. 1
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Contract No.: 2021 - 129
Approval Date: 9115 12. 02o # 19
CONSTRUCTION CREDIT/ REIMBURSEMENT AGREEMENT
CITYWIDE DEVELOPMENT IMPACT FEES PROGRAM
PROJECT SD - 020 MAGNOLIA CHANNEL
TRACT MAP NO. 16838)
This CONSTRUCTION CREDIT/ REIMBURSEMENT AGREEMENT(" Agreement") is entered into this 15thday of September 2020 (" Effective Date"), by and between CITY OF CHINO, a California municipal corporation(" City"), and LS COLLEGE PARK, LLC, a Delaware limited liability company (" Developer"). City and Developerare sometimeshereinafterreferred to individually as "Party" and jointly as "Parties".
RECITALS
A. Developer owns certain real property consisting of 24 lots on approximately 103.5 acres generally located south of Edison Avenue between the Cypress and Magnolia Channels and north of Eucalyptus Avenue, within the College Park Specific Plan area in the City of Chino, County of San Bernardino, California(" Project"). This is the fourth and final phase of Tract Map No. 16838, which was tentatively and conditionally approved by the City of Chino Planning Commission on June 21, 2004.
B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which required certain public improvements to be constructed in excess of those applicable to the Project(" Conditions of Approval").
C. The Conditions of Approval also required Developer to pay Development Impact Fees ('` DIFs"), as established in Chapter 3. 40 of the Chino Municipal Code (" DIF Ordinance").
The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City' s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (" Nexus Report").
D. Developer has completed all work required in connection with the design and construction of the Project according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City.
E. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit/ reimbursement toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to credit/ reimbursement for eligible costs of constructing the 6- 30- 20v2
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publicfacility, providedthatdevelopercomplieswiththerequirementsoftheDIFOrdinanceasit maybeamendedfromtimetotime. TheDIFOrdinancespecificallyrequiresthatthedeveloper and City enter into a credit/ reimbursement agreement.
F.
CityandDeveloperdesiretoenterintothisAgreementforthefollowingpurposes:
i) to providethemethodologyfor establishingtheDIFcredit/reimbursementamountto which Developer is entitled ( defined in Section 2. 2 below) and ( ii) to establish the requirements for Developer'stransferorapplicationofalloranyportionofsuchcreditstoathirdparty.
NOW, THEREFORE, forthepurposessetforthherein, DeveloperandCityherebyagree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Partieshereby affirm the facts set forth in the RecitalsaboveandagreetotheincorporationoftheRecitalsasthoughfullysetforthherein.
2. City DIF Credit/ Reimbursement.
i. DIF OrdinanceReimbursementor Credit Amount. The City Engineerhas determinedthatthetotalcostof thepublic improvementsthatareeligiblefor credit or reimbursement pursuant to CMC Chapters 3.40 is " estimated" to be One Million Six Hundred Thirty- Seven Thousand Nine Hundred dollars 1, 637, 900. 00) (" Total DIF Cost"), as more particularly set forth in Exhibit C titled "DIF EligiblePublicImprovementsSummary" attachedheretoandmade a part hereof. The foregoing estimateof the Total DIF Cost shall be subjectto adjustment based on the final accepted and approved " as- built plans" and specificationsandthereviewof actualcostdocumentationbytheCity Engineer pursuant to the DIF Ordinance.
ii. Developershall be reimbursedfor the actual, City Engineer-approvedcosts Developerincurs to constructthe public improvementspursuantto the procedure set forth in this Section.
iii. Project Credits. Of the Total DIF Cost, as of September 1, 2020, Two Million andOn HundredForty-SevenThousandNineHundredandSixtyNineand 50/ 100 dollars ($ 2, 147, 969. 50) (" Project Credit") hasbeenusedby Developer asaprojectcreditagainstCity DIFStormDrainFeesotherwisedueandpayable withrespecttoCollegeParkpursuanttotheDIFOrdinanceasmoreparticularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attachedheretoand madea parthereof.
iv. Remaining Reimbursementand Project Credit. An amount equal to Two Million and One Hundred and Eighty-One ThousandFive Hundred and One and 59/ 100 dollars ($ 2, 181, 501. 59) for Storm Drain Credit ( the " Remaining Amount") remains to be returned to Developer as a reimbursement and/or as a project credit against Citywide DIF Storm Drain Fees otherwise due and payable by Developer, as more particularly set forth in Exhibit C titled " DIF 2 6- 30- 20v2
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Eligible Public Improvements Summary" attached hereto and made a part hereof. Developer is only entitled to the " Total DIF Cost" for the Magnolia Earthen Channel - Project SD- 020 under the Agreement. Developer and City shall enterinto a separateagreementfor StormDrain MainsAdjoining and within College Park Project SD - 019 as set forth in Exhibit C. v. Annual Reconciliation. Once eachyear, commencing February 1, 2021 and eachFebruary 1stthereafter, City and Developerrepresentativesshall meet for the purposeof ascertainingtheamountof thereimbursementpaidby City to theDeveloperfrom CitywideDIF StormDrainFeescollectedfrom properties in the Citywide DIF programduring the prior calendaryear andthe amountof projectcredittakenby Developer(or anyassignee) againstitsobligationto pay Citywide DIF StormDrain Feesfor its developmentof any portion of the Project. CityandDevelopershallprepareadocumentthatreconcilestheCity's reimbursement payment amount to Developer ( or any assignee), if any, and project credit amount taken by the Developer ( or any assignee), if any, attributable to the prior calendar year that shall be signed by said representatives. When so signed, said reconciliation document shall constitute a revision of RemainingAmount then remaining and it shall be binding on the Parties.
vi. DevelopershallsubmittoCity EngineersuchinformationasCity Engineermay require to calculate the actual costs incurred by Developer to construct the public improvements (" Actual Costs").
4. Indemnity. Developer, to the fullest extentpermittedby law, shall indemnify, defend, and hold the City and its elected and appointed officials, agents, employees, and authorized volunteersharmlessfrom andagainstanyandall actions, suits, claims, liabilities, losses,damages, penalties, obligations, and expenses (including but not limited to attorneys' fees, expert witness fees, and court costs) (" Claims") that arise, directly or indirectly, from the design and/or constructionof thepublicimprovements. Inaddition,theforegoingindemnityprovisionshallonly apply to Claims which are tenderedby the City to Developerby written notice delivered within one-year from the date on which City acceptsthe public improvements and shall survive the terminationof thisAgreementfor thatone-yearperiod. It isunderstoodthatthedutyto indemnify and hold harmlessincludesthe duty to defendas setforth in section2778 of the California Civil Code.
5. Assignment. Developermay assignthis Agreementto a third party subjectto the approval of City' s Director of Development Services in his reasonable discretion. If Developer desiresto assignthisAgreement, Developershallprovidedetailedinformationasto theproposed assignee as requested by City. Notwithstandinganythingin this Agreementto the contrary, Developer may assign its rights to all or a portion of the Remaining Amount to one or more subsequentownersof all or anyportionof theProject, ontheformapprovedby theCity.
6. Relationship between the Parties. The Parties hereby mutually agree that this Agreementshall not operateto createthe relationshipof partnership, joint venture, or agency betweenCity andDeveloper. Developer'scontractorsareexclusivelyandsolelyunderthecontrol 3 6- 30- 20v2
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anddominion of Developer. Nothing hereinshall bedeemedto makeDeveloperor its contractors an agent or contractor of City.
7. Authority to Enter Agreement. Eachpersonexecutingthis Agreementon behalf of Developerrepresentsandwarrantsthatheor shehasthe legalpower, right andauthorityto execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
8. Notices. Any notice, demand, request, consent, approval, or communication either Partydesiresor is requiredto giveto theotherPartyor anypersonshallbein writing andeither served personally, communicated electronic mail ( with a receipt requested), or sent by prepaid, first-classmailtotheaddresssetforthbelow. Noticeshallbedeemedcommunicatedimmediately uponpersonaldelivery, fax or emailreceipt, or forty-eight (48) hoursfrom thetimeof mailingif mailed as provided in this Section:
To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email:
With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.
Email: I t) rnie u a\ l tui n `. •. t i? 1?
To Developer: c/ o Lennar Communities, Inc.
980 Montecito Dr., Ste. 300
Corona, CA 92879
Attn: Geoff Smith
Email LR.
t) 11; c'.,, milli ienihir. com
9. Cooperation; Further Acts. The Parties shall fully cooperate with one another andshalltakeanyadditionalactsor signanyadditionaldocumentsas maybe necessary, appropriate, or convenient to attain the purposes of this Agreement.
10. Amendment; Modification. No supplement, modification, or amendment of this Agreementshall bebinding unlessexecutedin writing andexecutedby both Parties.
11. Waiver. No waiverof anydefaultshallconstituteawaiverof anyotherdefaultor breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or servicevoluntarily given or performedby a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
12. Binding Effect. Eachandall of thecovenantsandconditionsshallbebindingon andshallinuretothebenefitof theParties,andtheirsuccessors, heirs, personalrepresentatives, or 4 6- 30- 20v2
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assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation, provided that nothing herein shall limit Developer's rights as set forth in Section5 above.
13. No Third- Party Beneficiaries. There are no intended third- party beneficiaries of any right or obligation assumed by the Parties.
14. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15. Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceedingbrought to interpret or enforcethis Agreement, or which in any way arisesout of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
16. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
17. City Officers and Employees. No officer or employee of City shall be personally liable to Developeror any successorsin interestin the event of any default or breachby City or for any amountthat may becomedueto Developeror any successor(s) in interestor for breachof any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breachby Developeror for any amount that may becomedue to City or their successorsin interest or for breach of any obligation of the terms of this Agreement.
18. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
19. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C DIF Eligible Public Improvements Summary
SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER" CITY"
COLLEGE PARK, LLC
a Delaware limited liability company
By: ' CITY OF CHINO, a municipal corporation
Name: C - F re. 5.!. 44-1
Its: Authorized Agent
E3y:
By: .- ' Mat h: C , lantyne
Name Se h i$ City anag-
Its: Authorized Agent
DATED: 4- it , 2020
ATTEST:
Angela Ro le , City Clerk
APPROVED AS TO CONTENT:
fir'
Ni holas L , uori, AICP
Director of Development Services
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF
APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 6 30- 20v2
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DocuSign Envelope ID: 51 E82234- 57E2- 4E31- BD24- D2CDA8180203 IN WITNESSWHEREOF, thePartiesheretohaveexecutedthis Agreementasof the day and year first above written.
DEVELOPER" CITY"
COLLEGE PARK, LLC
aDelawarelimited liability company
By: '
9'' —
CITY OF CHINO, a municipal corporation
Name: C,p,o4.4
Its: Authorized Agent
By:
RY: L Matthew C. Ballantyne
Name e ofek0 5 City Manager
Its: Authorized Agent
DATED: 2020
ATTEST:
Angela Robles, City Clerk
APP VED AS TO CONTENT:
Sri
Ni olas L uori, AICP
Director of Development Services
APPROVED AS TO FORM:
ALESHIRE& WYNDER, LLP
DocuSigned by:
By: 7D0rsc4c 005F41X,..
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF
APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 6 6- 30- 20v2
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 cc ctr.:;::, c:'. s: C^<c: e: r^; t. c c; c, r,;: r t' c: c'; c<_..;.,: crst' r: a< r t', c; c ccv; c,:` c: c: c; rc: c, c.'.;^, c; r', r. c;•-: c;.n: sf; Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness,accuracy,orvalidityofthatdocument.
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whoprovedto meon the basisof satisfactoryevidenceto be the person(s) whosename(s) Ts(are subscribed to the within instrumentand acknowledgedto me that he/she/they executed the same in Hl°s/her/theirauthorizedcapacity(ies), andthat by his/tier/theirsignature(s)on the instrumentthe person(s), ortheentityuponbehalfof whichtheperson(s) acted, executedtheinstrument.
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.
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Br1 N BRUT EY
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Signature s:
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Place Notary Seal Above
OPTIONAL
Thoughthis sectionis optional, completingthis informationcan deter alterationof the documentor fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: ,__-- Signer' s Name:
L7 Corporate Officer — Title( s): HI Corporate Officer — Title( s):
Li Partner — Li Limited Li General C_J Partner — Limited General Li Individual Attorney in Fact Individual Attorney in Fact Ll Trustee Guardian or Conservator El Trustee Guardian or Conservator Li Other: Other:
Signer Is Representing: Signer Is Representing:
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EXHIBIT A
LOACTION MAP
MAGNOLIA CHANNEL
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EXHIBIT B
CONDITIONS OF APPROVAL
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JI X CM X JA X
ED DM MD X
NI HN JY
E- Mail Sent: 6/ 18/ 04
To: Rick Fisher
PUBLICWORKS DEPARTMENTCONDITIONSOF APPROVAL
TRACT MAP NO. 16838
DATE: JUNE 18, 2004 PC MEETING DATE: JUNE 21, 2004 PROJECT NAME: COLLEGE PARK— PHASE 2
PROJECT LOCATION: SOUTH OF EDISONAVENUE/EASTOF CENTRALAVENUE APPLICANT: SUNCAL COMPANIES/ RBF PROJECT ENGINEER: CHRISTOPHER MAGDOSKU NO BUILDING PERMIT SHALL BE ISSUED IN CONJUNCTION WITH THIS SUBDIVISION. ALL
PROVISIONSIN THE COLLEGE PARK SPECIFIC PLAN SHALL BE APPLICABLEWHERE APPROPRIATE. ADDITIONAL CONDITIONS MAY BE REQUIRED BY THE DEVELOPMENT AGREEMENT. PRIOR TO THE MAJOR DEVELOPMENT EVENTS OUTLINED BELOW, THE
APPLICANTSHALLSATISFYANDFULFILLALLCONDITIONSMARKEDWITHAN (X)
1. 0 PRIOR TO MAP RECORDATION:
X 1. 1 Provide a preliminary Title Report no older than 60 days.
X 1. 2 Submit a preliminarysoils report to the project engineerfor review and approval in accordance with Government Code, Section 66434. 5.
X _ 1. 3a Make the following dedications:
Street Name Distance Direction From C/ L
Eucalyptus Avenue:
From the eastside of Cypress 139 Feet Both Sides
Channel to " C" Street ( Condition
2 Specific Plan)
C" Street to " B" Street ( Condition Varies per Both Sides 1 b Specific Plan) approved
Specific Plan
B" Street to Traffic Circle Varies per Both Sides
Condition# la Specific Plan) approved
Specific Plan
Oaks Avenue 98 Feet Both Sides
A" Street:
Adjacent to C. I. M. ( Condition # 1 93 Feet Both Sides Specific Plan)
Adjacent to Chaffey College 105 Feet Both Sides
Condition# 2 Specific Plan)
B" and " C" Streets 76 Feet Both Sides
E" and " F" Streets 56 Feet Both Sides
Mountain Avenue 88 Feet Both Sides
X 1. 3b Dedicatea five-footwideeasementfor pedestrianaccesspurposes, locatedat theeastside of Eucalyptus Avenue between the traffic circle and " B" Street. The easement will wrap aroundthe proposed retail/commercialparking stalls.
B- 2
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TRACT MAP 16838 JUNE 21, 2004
X 1. 3c Dedicate Lots " H", " I", " J" and "K" to the City as easements for detention and water quality basins.
X 1. 3d Dedicate portions of Lots " L", " M", " N", and " 0", as easements for storm drainage purposes.
X 1. 3e Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
1. 4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.
X 1. 5 Provide a copy of proposed Covenants, Conditions and Restrictions as applicable to the project.
X 1. 6 Prepare a fully executed Subdivision Agreement with accompanying security as required.
X 1. 7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1. 8 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002- 1.
1. 9 Other Conditions:
X 1. 10 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.
X 1. 11 Comply with all applicable requirements of the City Code.
X 1. 12 Pay all applicable fees pursuant to City Code including, but not limited to, Park Fees.
2. 0 PRIOR TO FINAL ACCEPTANCE OF THIS SUBDIVISION:
X 2. 1 Record Tract Map No. 16838 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo mylar of the recorded map to the City Engineer' s office.
X 2. 2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review land approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/ 2- inch standard format.
2. 3 Provide a focused parking and circulation study comprising project access/ egress, internal circulation and project parking analyzes. The study is subject to the review and approval of the City Transportation Manager.
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TRACT MAP 16838 JUNE 21, 2004
X 2. 4a Prepare and submit a drainage study, including supporting hydraulic and hydrological data for approval. The study shall address the on-site storm water runoff impacts resultingfrom build- out of permitted land uses. In addition, the study shall identify the project' s contribution and shall provide locations and sizes of catchments/ detentions, and system connection points to comply with all downstream drainage-mitigating measures, including but not limited to, natural treatment systems. Additional approval from other agencies may be required.
X 2. 4b Prepare and submit a sewage report, including supporting sewer generation based on ultimate land use for approval by the City and Inland Empire Utilities Agency ( IEUA). The report should discuss the proposed 15-inch diameter sewer pipeline that extends from the south project boundary to the Kimball Avenue interceptor pipeline. Approval of the IEUA is required and acquisition of easements through the CIM property shall also be obtained.
X 2. 4c Prepare and submit for City review and approval a potable water hydraulic study, including consideration of development phasing and maximum day plus fire flow and peak hour scenarios. The study should identify the locations and sizes of all onsite and offsite water supply, and distribution infrastructure needed for the provision of adequate service to the proposed development.
Prepareand submit for City review and approval a recycled water hydraulic study, including consideration of development phasing and maximum day and peak hour demand scenarios. The study should identify the locations and sizes of all onsite and offsite water supply and distribution infrastructure needed for the provision of adequate service to the proposed development. Proposed site- specific uses of recycled water must be described in separate engineering reports to be submitted to the City for review and approval by the City and the California Department of Health Services.
X 2. 5 Prepare and submit a final grading plan showingfinished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix Chapter 33 of the U. B. C.
X 2. 6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
2. 7 Design and install a monitoring manhole ( per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection into the main sewer for each industrial building in this development.
X 2. 8 Design full public improvements for all impacted and interior streets/ facilities as described below in accordance with City Code, Standards and Specifications, and the College Park Specific Plan. Such public improvements may include, but not be limited to curb/ gutter, sidewalk, asphalt concrete pavement on aggregate base, asphalt concrete overly, street lights, median island and landscaping, parkway landscaping, trails, striping and traffic controls, conduit system for CATV, sewer main and laterals, tentative storm drain, potable water and recycled water system, fire hydrants as required by the Chino Valley Fire District, and traffic signal interconnect system.
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TRACT MAP 16838 JUNE 21, 2004
Street Improvements
a. Interior Streets: Construct project frontage improvements. b. Eucalyptus Avenue: From easterly side of Cypress Channel to Oaks Avenue, construct projectfrontage improvements, includingbridge constructionover Cypress Channel. c. Mountain Avenue: Construct project frontage improvements. d. " A" Street from Central Avenue to the Eucalyptus/ Oaks/" A" Street Roundabout: Construct project frontage improvements.
e. EdisonAvenue: Central Avenueto CypressAvenue- Construct projectfrontage improvements, includingfull median, threeeastboundtravellanesandrelocationof utility poles.
f. Oaks Avenue: Freedom Avenue to Edison Avenue and Edison Avenue to Eucalyptus/Oaks/"A" StreetRoundabout- ConstructimprovementsperAlternative9 per attached exhibit.
Intersection Improvements
Developer shall prepare signing and striping plans, and improvement plans for all affected street intersections and segments to include new lane configurations, appropriate transitions, modified lane configurations, utility relocation, etc. to the satisfaction of the City Engineer and the Transportation Manager.
Central Avenue at " A" Street
On "A" Street, east leg for westbound direction, construct one new left turn lane, two through lanes and one new right turn lane to the satisfactionof the City Engineer and the Transportation Manager.
On "A" Street, east leg for eastbound traffic, construct two new eastbound through lanes.
On Central Avenue, north leg for southbounddirection, add/revise striping for one new southbound left turn lane.
On Central Avenue, south leg for northbound direction, construct one new northbound right turn lane.
Euclid Avenue at Eucalyptus Avenue
On Eucalyptus, west leg for eastbound traffic, construct one eastbound left turn lane, and one eastbound right turn lane.
On Eucalyptus, east leg for westbound traffic, construct one westbound left turn lane and one westbound right turn lane per the State of California (CalTrans) and City of Ontario standards.
On Euclid, south leg for northboundtraffic, add additional northbound leftturn lane per State of California ( CalTrans) requirements.
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TRACT MAP 16838 JUNE 21, 2004
Edison Avenue at Central Avenue
On Edison Avenue at CentralAvenue west leg for eastboundtraffic, construct one new left turn lane and one new eastbound through lane ( total of 3) to the satisfaction of the Transportation Manager.
OnEdisonAvenueat CentralAvenue, eastlegforwestboundtraffic, constructonenew westbound left turn lane.
Edison Avenue at 12th Street
On EdisonAvenue at 12thStreet west leg for eastboundtraffic, construct one new eastbound through lane ( total of three) from Central Avenue to 12th Street.
Edison Avenue at Oaks Avenue
OnOaksAvenuenorthlegconstructimprovementsperAlternative9 perattachedexhibitfrom FreedomStreetto EdisonAvenueandacquirenecessaryright-of-wayto thesatisfactionof the City Engineer.
On Oaks Avenue north leg, relocate power poles and structuresas required to the satisfaction of the City Engineer.
OnOaksAvenue, eastleg, constructimprovementsperAlternative9 perattachedexhibitto the satisfaction of the City Engineer. Construct new eastbound through lane from 12thStreet to Oaks Avenue.
On Oaks Avenue, south leg- full improvements.
OnEdisonAvenue, west legconstructimprovementsperAlternative9 perattachedexhibitto the satisfaction of the City Engineer.
Edison Avenue at Magnolia Avenue
On EdisonAvenue at MagnoliaAvenue west leg for eastboundtraffic, construct one new eastbound through lane (total of three) from Oaks Avenue to Magnolia Avenue.
Edison Avenue at Mountain Avenue
On Mountain Avenue south leg — full improvements.
On Edison Avenue, west leg for eastbound traffic, construct one new eastbound through lane total of three) from Magnolia Avenue to Mountain Avenue.
On Mountain Avenue, north leg for southbound direction, restripe to accommodate one southbound right turn lane, one southbound through lane, and one southbound left turn lane.
Edison Avenue at Cypress Avenue
On EdisonAvenue at Cypress Avenuewest leg for eastboundtraffic, construct one new eastbound through lane ( total of three) from Mountain Avenue to Cypress Avenue.
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TRACT MAP 16838 JUNE 21, 2004
Curb Return Radius'
a. Curb return radii shall be as follows:
R= 35 feet- Major and Collector Streets
R= 25 feet- Local Residential Streets
b. Cul-de-sac and knuckledesign shall meet City of Chino Standards.
Traffic Signal Improvements
The developershall constructnew, or modifyexistingtraffic signal systemsat the locations identified below (New Traffic Signal Locations and Traffic Signal Modification Locations) to the City' s standard specifications and to the satisfaction of the Transportation Manager. Each new or modifiedsignalsystemshallbecapableof communicatingwiththeCity's existingsystem, shallbe locatedat ultimateright-of-way, andshallincludebatteryback-up, emergencyvehiclepre-emption, and appropriate ancillary devices. Vehicle detection shall be by inductive loops, but video detection may be required if deemed appropriate. Notes: New signals along Euclid Avenue ( SR- 83) are under the jurisdiction of the State of California, and shall be constructed to the requirements specified by Caltrans.
New Traffic Signal Locations
Eucalyptus Avenue Mountain Avenue
Central Avenue at" A" Street
Edison Avenue at Oaks Avenue
Oaks Avenue at" F" Street
A" Street west of Oaks Avenue— Developer shall pay fair- share cost A" Street east of Central Avenue - Developer shall pay fair- share cost Eucalyptus Avenue at " C" Street
Traffic Signal Modification Locations
Edison Avenue and Central Avenue
Edison Avenue and 12th Street
Edison Avenue and Oaks Avenue
Edison Avenue and Magnolia Avenue
Edison Avenue and Mountain Avenue
Edison Avenue and Cypress
Traffic Signal Interconnect( SIC), Fiber Optic ( FO) and Communications System The developer shall install traffic signal and ITS devices' interconnect conduits, pull boxes, copper conductorsandfiberopticcableandshallbedesignedto connecttheCity's existingtrafficsignalsystem with all new traffic signals and new ITS devices. The interconnect system shall include communications hubsandancillaryequipmentfor SICandFOcommunications. All SICandFOshallbe properlyspliced, terminated, and tested per City of Chino requirements.
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TRACT MAP 16838 JUNE 21, 2004
Communications hub locations:
Central Avenue and Edison Avenue
Edison Avenue and Mountain Avenue
Oaks Avenue and " A" Street
Interconnect locations:
Edison Avenue from 12th Street to Magnolia Avenue
Oaks Avenue from Edison Avenue to " A" Street
A" Street from Central Avenue to Oaks Avenue/ Eucalyptus Avenue Mountain Avenue from Edison Avenue to Eucalyptus Avenue Closed Circuit Television ( CCTV)
The developer shall install closed circuit television cameras, as approved by the City Engineer, and integrate them into the City' s ITS infrastructure and Tract 16837 Communications System.
CCTV locations:
A" Street east of Central Avenue
Central Avenue and Edison Avenue
Edison Avenue and Mountain Avenue
Eucalyptus Avenue and Mountain Avenue
Oaks Avenue and " A" Street
X 2. 8a Sewer:
Install all necessary infrastructure, identified on the Tentative Tract Map and/ or a city approved sewage study ( refer to 2.4b).
Install the new, off- site 15- inch diameter sewer to Kimball Avenue.
X 2. 8b Storm Drain:
Install all necessary infrastructure, identified on the Tentative Tract Map and/ or a city approved drainage study ( refer to 2. 4a), including, but not limited to, pipeline, catch basins, and detention/ water quality basins ( Lots " H", " I", " J", and " K").
Install storm drain in Edison Avenue from Oaks Avenue to 12th Street. Cost of this improvement is eligible for reimbursement.
Additional offsite improvements may be required, i. e., Magnolia Channel south of project boundary and Magnolia culvert at Kimball Avenue.
X 2. 8c Potable Water: Install all necessary infrastructure, identified in a City- approved hydraulic study ( refer to Condition 2.4c).
X 2. 8d Recycled Water: Install all necessary infrastructure, identified in a City- approved hydraulic study ( refer to Condition 2. 4c).
X 2. 8e Channels: Construct Cypress Channel in accordance with the Standards of the San Bernardino County Flood Control District ( SBCFCD) in anticipation of maintenance by SBCFCD.
X 2. 9 In lieu of constructing the required public improvements, prior to obtaining building permits, an agreement and security in an amount acceptable to the City Engineer may be submitted to guarantee proper construction of the public improvements. All security must be accessible to the City at any time and in a form acceptable to the City Treasurer, pursuant to Government Code, Section 66499.
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TRACT MAP 16838 JUNE 21, 2004
2. 10 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.
X 2. 11 Other Conditions:
Obtain sewer easement through CIM property, as required for this project.
X 2. 12 Pay all applicable fees not previously paid under Item 1.0 above, in accordance with the City Code.
X 2. 13 All projects developing one ( 1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board' s ( SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent ( NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger' s Identification Number ( WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling ( 916) 341- 5537 or on the SWRCB web site at www. swrrcb, ca qov/ stor nwtr' constructton < http:/ www. swrcb. ca. gov/ stormwtr/ construction.
X 2. 14 The City of Chino is required by the Santa Ana Regional Water Quality control Board to place conditions on new development and significant redevelopment projects to incorporate stormwater pollution prevention and treatment measures into such projects. Appropriate structural and non- structural Best Management Practices ( BMPs) shall be identified and incorporated into these developments to address stormwater runoff concerns. The California " Stormwater BMP Handbook for New Development and Redevelopment" offers a detailed explanation of BMPS and should be used as the primary source of guidance in the selection and implementation of BMPs. Copies of this handbook may be obtained free of cost at www. cabroptwdbooks corn. All structural BMPs must be shown on the appropriate construction drawings. Applicable drawings and a list of all structural and non- structural BMPs must be submitted for approval prior to the issuance of permits. A signed statement certifying that the project developer will, to the best of his ability, maintain all BMPs and convey all necessary information regarding the non- structural BMPs and structural BMP maintenance to all future occupants and/ or owners of the development must also be submitted.
X 2. 15 Submit to the City electronic files of Tract Map and " as- built" improvement plans in AUTOCAD format as applicable.
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TRACT MAP 16838 JUNE 21, 2004
2. 16 Other Conditions:
JLI: CM: dz
Attachment
Rev. 3/ 04 DCM: dz
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CITY OF CHINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 16838
PROJECT ENGINEER: CHRISTOPHER MAGDOSKU
DATE: JUNE 7, 2004
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 1 Copy of Public Works Department Conditions of Approval 2 Sets of Maps ( Subdivision Only)
2 Copies of preliminary Title Report( no older than six months) ( Subdivision Only) 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
2 Copies of Preliminary Soils Report ( no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right- of-way dedication
Z 3 Sets of Rough Grading Plans
3 Sets of Precise Grading Plans ( When separate water and sewer plans are required) 5 Sets of Precise Grading Plans ( When water and sewer are part of the grading plans) 2 Sets of Storm Drain Plans
1 2 Copies of Hydrology and Hydraulic Calculations with Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate ( On City Forms) with Engineer' s Wet Signature and Stamp I:1 2 Sets of Street Improvements Plans
I 2 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
3 Sets of Sewer Plans
3 Sets of Recycled Water Plans
3 Sets of Water Plans
Z 2 Sets of Street Light Plans
Z 2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) i1 2 Sets of Striping Plans
2 Sets of Traffic Signal Plans
2 Sets of Public Landscape Plans
1s'PIanC heck\ Rev. 03/ 03/ 03\ HN'jg
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EXHIBIT C
DIF ELIGIBLE PUBLIC IMPROVEMENTS SUMMARY
DIF SD- 019 Storm Drain Mains Adjoining & Within College Park Payment— CFD 2005- 1 ( IA No. 1), Draw# 2 $ 1, 680, 216. 21 Payment— CFD 2005- 1 ( IA No. 3), Draw # 37 $ 1, 011, 354. 88 CFD Cash Payment Subtotal $ 2, 691, 571. 09
DIF Credits Issued to Developer $ ( 2, 147, 969. 50)
Estimated Balance Owed to Developer Future $ 543, 601. 59 * City shall enter into a separate DIF agreement for SD- 019. The table above is to show the application of College Park Phases I & II DIF Credits
Estimated Project Cost Magnolia Channel
SD— 020 Magnolia Earthen Channel $ 1, 637, 900. 00
DIF Credits Issued to Developer $
Estimated Balance Owed to Developer $ 1,637, 900. 00 Total 2, 181, 501. 59
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BPs Pulled College Park
Jan 1, City' s Storm Storm Drain
Developer Description Map units 2020 Drain Credits Credits Lennar Charleston 17000 78 78 118, 572 118, 572_
Lennar Prescott 17890 94 94 91, 197 91, 197
Lennar Cornell 17893 34 34 64, 338 64, 338
Lennar Madison II 17895 19 19 18, 240 18, 240
Lennar Brookhaven 17897 93 93 98, 300 98, 300
Lennar Madison 17898 77 77 73, 115 73, 115
Lennar Edgewood 18848 95 95 90, 441 90, 441
Lennar Emory/ Morgan Square 18873 149 149 1 10, 707 1 10, 707 StanPac Westmont 1 16998 41 41 38, 555 38, 555
StanPac Wellesley I 17001 85 85 79, 783 79, 783
StanPac Westmont II 17891 75 75 71, 264 71, 264
StanPac Amherst 17892 63 63 114, 254 114, 254
StanPac Hampshire II 17894 39 39 78, 078 78, 078
StanPac Hampshire 17896 67 67 69, 874 69, 874
StanPac Emerson 17899 66 66 64, 491 64, 491
StanPac Hillsdale 18891 118 118 115, 962 115, 962
StanPac Wellesley II 16838- 2 67 67 64, 320 64, 320
Bridge Ivy 1 / Ivy 2 16838- 1 335 335_ 263, 324 263, 324 DR Horton ( Sun Cal Phase 1) 16996 155 155 102, 145 102, 145 JD Pierce ( Sun Cal Phase I) 16998 42 42 37, 170 37, 170 MBK Sun Cal Phase I) 17002- 1 45 45 69, 204 69, 204 Pacer Sun Cal Phase I) 16997 138 138 90, 942 90, 942 Pinnacle Sun Cal Phase 1) 16999 52 52 81, 952 81, 952 Pinnacle ( Sun Cal Phase I) 17002 31 31 50, 685 50, 685 Pinnacle ( Sun Cal Phase 1) 16988- I 107 107 91, 057 91, 057 Units and Credits Applied 2, 165 2, 165 $ 2, 147, 969. 50 $ 2, 147, 969. 50 C- 2
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MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 15, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: DEVELOPMENT IMPACT FEE CREDIT/ REIMBURSEMENT AGREEMENT MAGNOLIA CHANNEL - LS COLLEGE PARK, LLC.
RECOMMENDATION
Approve a credit/ reimbursement agreement with LS College Park, LLC for the Magnolia Channel for a not to exceed amount of $ 1,637, 900; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Upon the final review of the cost accounting by the City, staff will continue to monitor the fund balance in the Storm Drain Development Impact Fee Fund and begin making progress payments to the developer until the terms of the agreement are fulfilled. Each progress payment will require an appropriation of funds and therefore, each payment will be brought back to the City Council for approval.
Revenue: Expenditure:
Transfer In: Transfer Out:
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COUNCIL MEETING DATE: SEPTEMBER 15, 2020
SUBJECT: DEVELOPMENT IMPACT FEE CREDIT/ REIMBURSEMENT AGREEMENT
MAGNOLIA CHANNEL - LS COLLEGE PARK, LLC
PAGE 2
BACKGROUND
In 2004, the City approved the multi- phase College Park Development project, which consists of master- planned residential communities and supporting infrastructure.
College Park - Phase 2, required LS College Park, LLC ( developer) to complete certain off- site improvements to Edison Avenue as a condition of approval. These improvements resulted in impacts to existing off- site drainage ditches requiring mitigation, including the Magnolia Channel.
The Magnolia Channel is a man-made, mechanically flooded, earthen channel where water from the City's storm drains is deposited into the channel daily ( see Exhibit A of the attached DIF Reimbursement Agreement). In June 2012, the developer installed mitigation measures per the California Department of Fish and Wildlife and the habitat was maintained and monitored for a five- year period, ending in December 2017.
This Project was satisfactorily implemented to meet City specifications and the Magnolia Channel was formally accepted by the City Council on June 11, 2020 and is the sole exclusive property of the City to operate and maintain.
The Magnolia Channel is a master-planned facility and is included in the City's Development Impact Fee (DIF) program. This Project is eligible for DIF credit and reimbursement per Chino Municipal Code, Chapter 3. 40.
ISSUES/ ANALYSIS
Upon the developer submitting its backup documentation to the City, the City Engineer will review the final accepted/ approved " as- built" plans, specifications and supporting documentation and will determine what costs are eligible for reimbursement. There may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate of 1,637,900. If that is the case, City staff will include the updated costs for the project in the next annual update to the Nexus Report. Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments and apply DIF credits issued to the Developer for its College Park developments until the terms of the agreement are fulfilled.
Therefore, it is staff' s recommendation that the City Council approve a construction credit/ reimbursement agreement with LS College Park, LLC in the amount of $ 1, 637, 900.
Attachment: Exhibit 1 - DIF Reimbursement Agreement
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01225.0006/475436.1
Contract No.: 2021-129 A1
Approved:
FIRST AMENDMENT
TO
REIMBURSEMENT AGREEMENT
FOR
PROJECT SD-020 MAGNOLIA CHANNEL
(TRACT MAP NO. 16838)
THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR MAGNOLIA CHANNEL IMPROVEMENTS (“Amendment No. 1 ”) is made and entered into thi s 15th day of March 2021 (“Effective Date”), by and between the CITY OF CHINO, a California municipal corporation (“City”) and LS COLLEGE PARK, LLC, a Delaware limited liability company (“Developer”). City and Developer are hereinafter referred to individually as “Party” and hereinafter referred to collectively as the “Parties.”
RECITALS
WHEREAS, CITY and DEVELOPER entered into that certain Credit/Reimbursement Agreement on September 19, 2020 (the “Agreement”) whereby the CITY agreed to reimburse DEVELOPER for construction of the Magnolia Channel (“Improvements”) in an amount not to exceed $1,637,900; and WHEREAS, DEVELOPER constructed the Improvements to the satisfaction of the City Engineer which were formally accepted by the City Council on June 11, 2020; and
WHEREAS, CITY completed its review of the final accepted/approved "as -built" plans, specifications and supporting documentation and determined that $ 1,559,124 is eligible for DIF credit and reimbursement.
WHEREAS, an amendment to the Agreement is required to update the “estimated costs” to the “actual costs” approved by the City Engineer that shall not exceed $1,559,124.
TERMS
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. CONTRACT CHANGES.
a. Section 2(i) of the Agreement is hereby replaced its entirety with the following:
DIF Ordinance Reimbursement or Credit Amount. The City Engineer has determined that the actual cost of the Improvements that are eligible for credit or reimbursement pursuant to CMC Chapter 3.40 is One Million Five Hundred Fifty-Nine Thousand One Hundred Twenty-Four ($1,559,124) dollars (“Total DIF Cost”). The foregoing Total
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DIF Cost is based on the final accepted and approved "as -built plans" and specifications and the review of actual cost documentation by the City Engineer pursuant to the Chino Municipal Code.
b. Section 2(iii) of the Agreement is hereby replaced in its entirety with the following:
Project Credits . As of September 1, 2020, Two Million One Hundred F orty-Seven Thousand Nine Hundred Sixty Nine and 50/100 dollars ($2,147,969.50) (“Pr oject Credit”) has been used by Developer as a project credit against City DIF Storm Drain Fees otherwise due and payable with respect to College Park pursuant to the DIF Ordinance as more particularly set forth in Exhibit C titled “DIF Eligible improvements Summary” attached hereto and made a part hereof.
c. Section 2(iv) of the Agreement is hereby replaced in its entirety with the following:
Reimbursement and Project Credit . Developer is only entitled to a cash reimbursement for the “Total DIF Cost” for the Magnolia Earthen Channel – Project SD-020 under the Agreement. Developer and City shall enter into a separate agreement for Storm Drain Mains Adjoining and within College Park SD -019 as set forth in Exhibit C, Project Credit shall be applied to said public improvements.
2. WARRANTY RE ABSENCE OF DEFAULTS. DEVELOPER represents and warrants to City that, as of the Effective Date of this Amendment No. 1, City is not in default of any material term of the Agreement, and that there have been n o events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement by the City. Likewise, City represents and warrants to DEVELOPER that, as of the Effective Date of this Amendment No. 1, DEVEL OPER 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 by DEVELOPER.
3. CONTINUING EFFECT OF AGREEMENT. Except as amended by this Amendment No. 1, 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 th e Agreement, as amended by this Amendment to the Agreement.
4. COUNTERPARTS. This Amendment No. 1 may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
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 entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, City has caused this Amendment No. 1 to be executed in its behalf by its City Manager and duly attested by its City Clerk, and Developer has executed this Amendment No. 1, as of this day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services
L.S. COLLEGE PARK, LLC:
Dated: By:
(Signature)
Name:
(Please Print or Type Name)
CITY OF CHINO
Dated:
Matthew Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
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Revenue: Expenditure: 34083001-40010-PK221
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: CHANGE ORDER AND APPROPRIATION - AYALA PARK IMPROVEMENTS -
NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221).
RECOMMENDATION
1) Approve a change order in the amount of $10,526.64 to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project; 2) appropriate $8,947.83 from the unappropriated reserves of the park fund and increase the project budget to $1,724,738.08; 3) approve a project contingency of $1,052; 4) authorize a vendor cap inc rease of $7,068.64 to equal a total not -to- exceed amount of $1,596,777.91; and 3) authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of $8,947.83 from the unappropriated reserves of the Park Fund. There are sufficient funds available for this purpose.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: CHANGE ORDER AND APPROPRIATION - AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221) PAGE 2
BACKGROUND
On October 5, 2021, City Council approved the Ayala Park Improvements Project for the renovation of the north parking lot, including replacement of the picnic shelter an d ADA improvements. During design, the intersection at 12 th Street and Connie Yankey Way was to receive new signage for the intersection, as well as the multi -use trail. City staff elected to purchase the signs for the multi-use trail and have them installed by City staff separate from the construction contract because the number of signs and sign verbiage had not been confirmed before bidding of the project. Staff received a quote from Hi Way Safety in the amount of $823.19 to purchase these signs.
Additionally, staff was informed the existing clocks for the irrigation controller are not available to tie into for the additional irrigation for the project. Staff received a quote from Site One in the amount of $556 to upgrade the existing controller from a n 18-clock station to a 24 -clock station to allow for the additional irrigation to run on the same controller.
Lastly, any time there is a review of the contract or a change order, additional fees are charged for review by the City attorney’s office. Staf f is requesting an increase of a flat rate of $500 to cover any future fees charged to the project for the City attorney review.
ISSUES/ANALYSIS
The original approved construction contract amount was for $1,254,206 with authorization to spend up to $125,420 for project contingencies, which was exceeded with Change Order No. 4, and the project was increase again for Change Order No. 5. Due to unexpected changes discovered in the field, staff received Change Order No. 6 for additional landscape work from Klassic Engineering and Construction, Inc., Orange, CA, in the amount of $10,526.64. The approved construction contingency had a remaining balance of $4,510, therefore, staff is requesting authorization to spend an additional $8,947.83 for the unanticipated construction work. In addition, staff is requesting authorization to spend up to ten percent in contingencies in the amount of $1,052 for any additional unanticipated work through the completion of the project, bringing the total construction cost to $1,596,777.91.
Staff is also requesting an additional appropriation of $8,947.83 from the unappropriated reserves of the Park Fund, bringing the total project cost to $1,724,738.08. The total project cost includes the construction contract, design costs, a nd purchase of the pavilion, drinking fountain, multi-use trail signs, and park furniture.
The following is a summary of the current accounting cost for the project:
Construction Items Amount
Original Contract Amount $ 1,254,206.00
Approved Change Order No. 1 $ 3,837.14
Approved Change Order No. 2 $ 17,986.04
Approved Change Order No. 3 $ 94,989.79
Approved Change Order No. 4 $ 169,078.99
Proposed Change Order No. 5 $ 45,101.31
Proposed Change Order No. 6 $ 10,526.64
10.7 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: CHANGE ORDER AND APPROPRIATION - AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221) PAGE 3
10% Contingency $ 1,052.00
Revised Contract Total $ 1,596,777.91
Attachments: Klassic Engineering and Construction, Inc. - Change Order Proposed Change Order Request (COR #011 R-1)
10.7 CONSENT CALENDAR
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Wednesday, March 9th , 2022
To: City of Chino
Department of Community Services
13223 Central Avenue
Chino, CA 91710
Attention: Keith Martinez‐City of Chino‐ Department of Community Services RE: Proposed Change Order Request‐COR #011 R-1
City of Chino/Design Team,
In accordance with Section 7 “Changes in Work’, Greenbook; Klassic Engineering and Construction Inc. (Hereafter referred to as K.E.C.) hereby submits this Proposed Change Order based on “Field Change” dated 2/18/20222 and provided to KEC on Tuesday, February 22nd, 2022. This Change Order reflects the Delta cost between the deductions and additions reflected in the Field Change issued.
Please let me know if there are any questions
Total Cost of COR #011: $10,526.64
Cordially,
Alex Shirali
Project Manager at K.E.C.
KEC
Klassic Engineering and Construction, INC
250 S Tustin ST. Orange, CA 92866
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Klassic Engineering & Construction Inc. Change Order
PROJECT NAME
LOCATION OF WORK
CONTRACT NO. PROPOSED COR #011R-1
REQUESTING PARTY DATE OF
REQUEST 3/9/2022
PROJECT MANAGER Alex Shirali CONTRACTOR Premier West
OWNER SUBMITTED BY: Alex-KEC
LABOR-DESCRIPTION/WORK CLASSIFICATION NO. OF HRS RATE AMOUNT $ -
$ -
$ -
TOTAL $ -
MATERIAL NAME QUANTITY UNIT PRICE AMOUNT
$ -
$ -
TOTAL $ -
EQUIPMENT-DESCRIPTION NO. OF HRS RATE AMOUNT
$ -
$ -
$ -
$ -
TOTAL $ -
SUBCONTRACTOR-CHANGE ORDER (ATTACHED) SUBCONTRACTOR
AMOUNT
CCO #03-Add $ 21,223.10
CCO #01-Credit $ (11,197.73)
TOTAL $ 10,025.37
Mark-Up
OVERHEAD (LABOR TOTAL) $ - 15%
OVERHEAD (MATERIAL TOTAL) $ - 15%
OVERHEAD (EQUIPMENT TOTAL) $ - 15%
OVERHEAD (SUBCONTRACTOR TOTAL-Delta Additive) $ 10,025.37 5% $ 501.27
SUBTOTAL AMOUNT
$ 10,526.64
Credit Credit Amount
GRAND TOTAL
$ 10,526.64
Ayala Park Improvements Project
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Change Order Work
C.C.O. NO. 1 CREDIT
DATE PERFORMED AMOUNT AUTHORIZED $
PROJECT NAME DATE OF REPORT 3/1/2022 0:00 PREVIOUS EXPENDITURE $ TODAY $
WORK PERFORMED BY TO DATE $
CONTRACTOR JOB NO.
DESCRIPTION OF WORK CONTRACTOR REPORT NO.
EQUIP.
NO EQUIPMENT HOURS HOURLY
RATE
EXTENDED
AMOUNTS
P. R.
NO LABOR
HOURLY
RATE
EXTENDED
AMOUNTS
1 Mini- Excavator 16 Superintendent REG.
1 Skid Steer 16 Operator REG. 24 $83.63 ($2,007.12)
1 Wacker 8 Journeyman REG. 24 $71.91 ($1,725.84)
1 Truck & Fuel 32 Apprentice REG. $0.00
Apprentice 2 REG. $0.00
Apprentice 3 REG. 24 $53.68 ($1,288.32)
Tradesmen REG. $0.00
REG. $0.00
MATERIAL AND/OR WORK DONE BY SPECIALISTS
DESCRIPTION No. Unit Unit Cost
1 ADDED PERCENTAGE - (SEE SPECIAL PROVISIONS)
LABOR SURCHARGE - 11% ON SATURDAY RATE $0.00
9.8% Workmans comp per $100
TRAVEL EXPENSE NO. @ $
OTHER
($502.13)
ACCEPTED FOR PROGRESS PAYMENT PD. ON EST. NO. _______
CHECKED BY__________
Ayala Park Improvements
TOTAL COST OF LABOR
TOTAL SUBCONTRACTOR COST ($10,179.76)
$0.00
LABOR SURCHARGE - 13% (SEE DOT EQUIP. RENTAL & LABOR
SURCHARGE HANDBOOK)
$0.00
$0.00
($5,158.48)
$0.00
10% ON EQUIPMENT AND MATERIAL ($515.85)
10% ON LABOR
($5,021.28)A
Field Change #02
$0.00
+ 7.75% SALES TAX ON MATERIALS ($73.93)
TOTAL COST OF MATERIALS
$0.00
Deleted Irrigation Material
$0.00
$0.00
$0.00
$0.00
PREMIERWEST LANDSCAPE, INC.
$25.00
Total Item Cost ($5,021.28)SUB-TOTAL
($4,130.64)
($953.91)$953.91
($11,197.73)
$0.00
$0.00
*See Backup for Breakout
($480.72)$60.09
($800.00)
$0.00
$0.00
HOURS
($1,474.72)$92.17
($1,375.20)$85.95
$0.00
$0.00
$0.00
$0.00
$0.00
($953.91)
$0.00
TOTAL COST OF MATERIALS ($1,027.84)
TOTAL THIS REPORT
$0.00
TOTAL COST OF MATERIALS & EQUIPMENT B
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Change Order Work
C.C.O. NO. 3 rev.1 ADD
PROJECT NO. DATE PERFORMED AMOUNT AUTHORIZED $
PROJECT NAME DATE OF REPORT 3/9/2022 0:00 PREVIOUS EXPENDITURE $ TODAY $
WORK PERFORMED BY TO DATE $
CONTRACTOR JOB NO.
DESCRIPTION OF WORK CONTRACTOR REPORT NO.
EQUIP.
NO EQUIPMENT HOURS HOURLY RATE
EXTENDED
AMOUNTS
P. R.
NO LABOR
HOURLY
RATE
EXTENDED
AMOUNTS
1 Mini-Excavator 24 Foreman REG. $0.00
1 Wacker 24 Operator REG. 56 $83.63 $4,683.28
1 Skid Steer 8 Journeyman REG. 64 $71.91 $4,602.24
1 Truck & Fuel 48 Apprentice REG. $0.00
Apprentice 2 REG. $0.00
Apprentice 3 REG. 64 $53.68 $3,435.52
Tradesmen REG. $0.00
REG. $0.00
MATERIAL AND/OR WORK DONE BY SPECIALISTS
DESCRIPTION No. Unit Unit Cost 184 Total Labor
1 ADDED PERCENTAGE - (SEE SPECIAL PROVISIONS)
LABOR SURCHARGE - 11% ON SATURDAY RATE $0.00
TRAVEL EXPENSE NO. @ $
OTHER
$1,272.10
ACCEPTED FOR PROGRESS PAYMENT PD. ON EST. NO. _______
CHECKED BY__________
Ayala Park Improvements
$12,721.04
TOTAL COST OF LABOR
TOTAL SUBCONTRACTOR COST $19,293.72
PremierWest Landscape
$0.00
Field Change #02
$6,572.68
+ 7.75% SALES TAX ON MATERIALS $74.14
TOTAL COST OF MATERIALS
Total Item Cost
$21,223.10
$0.00
10% ON EQUIPMENT AND MATERIAL $657.27
10% ON LABOR
$12,721.04
LABOR SURCHARGE - 13% (SEE DOT EQUIP. RENTAL & LABOR
SURCHARGE HANDBOOK)
$0.00
$956.70 $956.70
$5,541.84
$0.00
$0.00
$0.00
Added Irrigation Material
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$25.00
A
$0.00
$0.00
$0.00
HOURS
$2,212.08 $92.17
$1,442.16 $60.09
$0.00
$687.60 $85.95
$1,200.00
$0.00
TOTAL COST OF MATERIALS $1,030.84
$0.00
$956.70
$0.00
SUB-TOTAL
TOTAL THIS REPORT
TOTAL COST OF MATERIALS & EQUIPMENT B
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: KB HOME COASTAL, INC. - SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 19979.
RECOMMENDATION
1) Approve the Subdivision Improvement Agreement and securities with KB Home Coastal, Inc.; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: KB HOME COASTAL, INC.- SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 19979
PAGE 2
BACKGROUND
On September 1, 2020, the City Council approved the “A” level Tract Map No. 19979 for conveyance purposes. Tract Map No. 19979 consists of a master plan and subdivision of 20.3 acres into two lots for the future construction of up to 203 residential units at a density of 10 units/acre in the Medium Density Residential land -use designation located at the northeast corner of Pine and East Preserve Loop Road (Exhibit A).
The Engineering Conditions of Approval (COA) typically require public improvements including, but not limited to, pavement construction, domestic water, recycled water, as well as sewer and storm drain improvements. To guarantee the completion of these public improvements, th e developer is required to enter into a Subdivision Improvement Agreement and obtain the necessary securities for the improvements.
KB Home Coastal (developer) recently purchased Tract Map No. 19979 from Falloncrest and will therefore be required to constr uct the public improvements in accordance with the COA, which include full street frontage improvements along Pine Avenue, Bickmore Avenue, and East Preserve Loop.
ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met b y the execution of the Subdivision Improvement Agreement (Exhibit B) and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.
The requirements made at the time of the Final Tract Map approval have been met. Therefore, it is staff’s recommendation that the City Council approve the Subdivision Improvement Agreement and correlating securities for Tract No. 19979.
Attachment: Exhibit A - Location Map TM 19979
Exhibit B - Subdivision Improvement Agreement
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1 EXHIBIT “A”
TRACT MAP NO. 19979
LOCATION MAP
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01225.0006/366470.2 Updated 10-2020
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
KB HOME COASTAL, INC.
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SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
KB HOME COASTAL, INC.
Agreement Date: March 15, 2022
Subdivider Name: KB HOME COASTAL, INC.
Subdivision Description: Tract Map No. 19979 consists of a master plan and subdivision of
20.3 acres into two lots for the future construction of up to 203 residential units at a density of 10 units/acre in the Medium Density Residential land -use designation located at the northea st corner of Pine and East Preserve Loop Road.
Tract Map No.: 19979
Estimated Total Cost of Improvements: $5,159,500.00
Estimated Total Cost of Monumentation : $5,000.00 (based upon the plans, inclu ding individual lots, subdivision boundary and public improvements).
Security:
Bond No.: ____________________
Surety: ___________________
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Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
KB Home Coastal, Inc.
c/o Heidi McBroom
KB Home Inland Empire Division
36310 Inland Valley Drive, Suite 300
Wildomar, CA 92595
(951) 691-5394 direct
(951) 623-3641 cell
[email protected]
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
Name
Address
Tel.
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TABLE OF CONTENTS
1. Construction Obligations………........................................................................................ 1
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection
1.12 Compliance with Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider’s Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance ...................................................................................................... 5
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
2.5 Reversion to Acreage
3. Labor ............................................................................................................................. 6
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security ........................................................................................................................... 7
4.1 Required Security
4.2 Form of Security Instruments
4.3 Subdivider’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service ............................................. 10
5.1 Subdivider Responsible for All Related Costs of Construction
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5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication ............................................................................... 10
7. Warranty of Work .......................................................................................................... 11
8. Default ........................................................................................................................... 11
8.1 Default by Subdivider
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless .............................................................................................. 12
10. Subdivider’s Indemnity of Project Approval .................................................................. 13
11. Insurance Requirements ............................................................................................... 13
12. Environmental Warranty ............................................................................................... 15
13. General Provisions ....................................................................................................... 16
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Subdivider is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority ....................................................................................................................... 18
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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 15th day of March, 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and KB HOME COASTAL, INC. (Subdivider”).
RECITALS
A. Subdivider is the owner of, and has obtained approval o f a subdivision map identified as Tract Map No. 19979, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as depicted on Exhibit “A”. The Map requires Subdivider to comply with ce rtain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.
B. Pursuant to the Conditions, Subdivider, by the Map, has offered fo r dedication to City for public use of the str eets and easements shown on the Map. City desires to accept the streets and easements shown on the M ap for publi c use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related document s for certain “Works of Improvement ” (as hereinafter defined) which are required to be constru cted and installed in order to accommodate the development of the Property.
D. Subdivider’s agreement to construct and i nstall the Wo rks of Improvement pursuant to t his Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 19979 for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foreg oing Recitals w hich are inc orporated herein by reference and in consideration of City ’s approving the Map for the Property an d permitting development of the Property to pro ceed, Subdivider agrees to t imely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improveme nt. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other impr ovements more fully described in Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as s et forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated const ruction cost for the Works of Improvement is $5,159,500.00.
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2 1.2. Other Obligations R eferenced in Conditions of Tentative Map Approval . In addition to the foregoi ng, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perfor m or cause to b e performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or op erable improvement or facility, even though the Plans may not specifi cally call o ut all items of wor k required for Subdivider’s contractor to complete its tasks, incidental appurt enances, materials, and the like. If any omissio ns are made or information n ecessary to carry out the full intent and meaning of t he Plans, Subdi vider or its contractor shall i mmediately notify its design engineer who will seek approval of the City Engine er for furnishing of detailed instructions. In the event of any doubt or que stion arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the r equirements and information given on the Plans shall b e in writing and approved b y the City Engineer . The Plans shall be supplemented by such working or shop drawings as are nece ssary to adequately control the work. Without th e City Engineer’s prior written approval, no change shall be made by Subdivider or its contractor to any plan , specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monument s. Before final approval of street improvements, Subdivider shall place surv ey m onuments as shown on Final Map No. 19979 in accord ance w ith the provisions of the State Subdivis ion Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation a s provided in Section 4.1(a) (iii) and, after setting the monuments, Subdivider shall furni sh the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer o r surveyor for the setting of said monuments.
1.5. Performance of Work . Subdivider shall furnish or cause to be furnished all materials, labor, t ools, equipment, utilities, transportation, an d incidentals required to perform Subdivider’s obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or f inancial instituti ons referenced in Paragraph 4, may order extra work or may make changes by altering or deleting an y portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement an d to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writi ng (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City a nd Subdivider may mutually agree upon changes to the Works of Improvement , subject to the security requireme nts in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
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3 1.8. No Warranty by City . The Plans for the Works of Im provement have bee n prepared by or on behalf o f Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Sub divider or to any other pers on regarding the adequacy of the Plans or related documents.
1.9. Authority of the Ci ty Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreemen t, the City Engineer shall have the authority to d ecide all questions which ma y arise as to the quality and acceptability of materials furni shed and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site . Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give acce ss thereto to the City’s inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized represe ntative on the job site at all times during which work is being done who has full authorit y to a ct for Subdi vider, or its design enginee r, and Subdivider ’s contractor(s) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonab le f acility for ascertaining whether or not the Works of Impro vement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If t he City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncov er such portions o f the finished work as may b e directed which have not previously been inspected. After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be con sidered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to f ulfill this Agreement as herein provided, and unsu itable materials or work may be rejected notwithstanding that such materials or work may h ave been previously overlooked or accepted.
1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable feder al, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works o f Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the im provements in accordance with the City standards in effect at the ti me of the ad option of the Approved Tenta tive Map. City reserves the right to protect the public safety or welf are or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section
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4 1.12. In case of suspension of work for any cause w hatsoever, Subdivider and it s contractor shall be responsible for all materials and shall store them properl y if necessary , and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction a ctivities shall be performed in a manner to co ntrol erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls o n the method, manner, and time of grading, landscaping, and construction activit ies to prevent nuisances to surrounding properties. Plans shall include without limitation tempor ary drainage and erosion control requirements, dus t c ontrol procedures, restri ctions on truck and other construction traffic routes, noise a batement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Ac ceptance of Works of Improve ment. After Subdivider ’s contractor has completed all of the W orks of Improvement, Subdivider shall then req uest a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any o f the requirements contained or referenced herein, City will i nform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, t he procedure shall then be the same as specified a bove for the Subdivider ’s contractor’s initial request for final inspection. If items are found by City ’s i nspectors to be incomplete o r not in compliance after two (2) “final” inspections, the City may re quire the Subdivider or its contractor, as a condi tion to performing further f ield inspections, to submit in writing a detailed statement of the w ork performe d subsequent to the date of the previous inspection which was found to be incomplete or not in com pliance at that time. Subdivider shall be respons ible for payment to City Eng ineer of re -inspection fees in the amount necessary to cover t he City’s costs fo r additional final inspectio ns, as determined by the City Engineer.
No inspection or acceptance pe rtaining to specific parts of the Works of Improve ment shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Work s of Improvement by recordation of a Notice of Acc eptance on behalf of the Cit y.
Final acceptance shall not constitute a waiver by the City Engineer of defect ive work subsequently discovered.
The date on which the Works of Improvement will be considered a s complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership . Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable ac tions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider sha ll provide forty-eight ( 48) hours’ advance written notice to all
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5 neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvem ents, Public Property or Pub lic Utility. Until recordation of the Notice of Acceptance of the Works of Impro vement, Subdivider assumes r esponsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks whi ch are destroyed or damaged for any reason, regardless whether resulti ng from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity o wns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates . Subj ect to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City ’s appr oval of the Plans ( “Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencem ent of construction or compl etion of the Works of Improvement hereunder may be extended by up to three (3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivid er has established good cause for an extension. As a condition of such extension, the City Engineer may requ ire Subdivider to furnish new security guaranteeing performance of thi s Agreement, as extended, in an increased amount t o compensate for any increas e in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extensi on of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the ri ght to control and regulate the phasing of com pletion of specific Works of Improvement as required to comply with ap plicable City ordinances, regulations, and rules relating to the timely provis ion of public services and facilities. In addition to whateve r other remedies the City may have for Subdivi der’s failure to satisfy such phasing requirements, as the same now ex ist or may be amended from time to time, Subdivide r a cknowledges City’s right to w ithhold the issuance of further building permits on the Pr operty until such phasing requirements are sat isfied. Prior to issuance of building permits, Subdivider shall provi de satisfactory evidence that all applicable requi rements that are a condition to issuance of building permits have been satisfied. Such req uirements may incl ude the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been compl eted to the City Engineer ’s satisfaction.
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6 2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and c ompletion of the Works of Improvement sh all be extended for the period of any enforced delay caused due to cir cumstances beyond the control and without the fault o f Subdivider, including t o th e extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required change s to the scope of work required by City, and simil ar causes; pro vided, however, that the period of any enforced delay hereunder shall not in clude any period l onger than five (5) days pri or to City ’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’s claim to a right to extend its tim e fo r performance hereunder. The City Engineer shall evaluate all c laims to For ce Majeure and make a reasonable determination regarding the length of any extension of time for c ommencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work . After commenceme nt of construction of the Works of Improvement (or separate portion t hereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not a bandon the work for a consec utive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Su bdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of th e Labor Code inclu ding, but not limited to, th e wage and hour, prevailing wage, worker compensation, and various oth er labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which prov isions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreement s wi th contractors and subcontractors for the performance of t he Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic info rmation, marital s tatus, sex, gender, gender identity, gender expression, age, sexual orientation, or military and v eteran status . Subdivider shall expressly require compliance with the provisio ns o f this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid Cal ifornia Contractors’ licenses for the type of work being perfo rmed. All of Subdi vider’s contractors and subc ontractors shall obtain a valid City of Chino business license prior t o performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and
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7 subcontractors prior to initiating any work, and al l valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carr y Workers’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the follo wing bonds, letters of credit, instruments of credit (assignme nt of deposit acco unt) or other security accep table to City in its sole and absolute discretion and satisfying the r equirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdiv ider’s faithful performance of all of the Work s of Improvement ( “Faithful Performance Security Instrument”), in the amount of $5,159,500.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the p ayment to contract ors, subcontractors, and oth er persons furnishing labor, materials, and/or equipment ( “Labor and M aterials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $2,579,700.00 equal to 50% of the estimated co nstruction cost referenced in Section 1.1.
(iii) A S ecurity Instrument guaranteeing the payment of the cost of setting mon uments as required in Section 1.4 in the amount of $5, 000.00 equal to 100% of the cost thereof.
This Agreement shall not be effective fo r any purpose unti l s uch Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s a cceptance of the Works of Improvement and recordation of a Notice of Completio n, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $515,900.00 equal to 1 0% of the estim ated c onstruction cost set forth in Section 1. 1 or a suitable amount determined by the City Engineer.
4.2. Form of Securi ty Instruments . All Security Instruments shall be in the amounts required unde r Se ction 4.1 (a) or 4.1(b), as applicable, shall meet the fol lowing minimum requirements and otherwise shal l be in a form provided by City or otherwise approved by the City Attorney:
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8 (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or ba nk authorized to t ransact surety business in t he State of California. Any insurance company acting as surety shall h ave a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any ban k acting as surety shall hav e a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, ir revocable, negotiable and transferable commerc ial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certifi cation of the City Engineer of the City that S ubdivider is in default under its payment or performance obligations h ereunder or in the event Subdivider fails to deliver a replacement letter of c redit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Cre dit. For Security Instruments which are Instruments of Credit, any Instrument of C redit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required t o be made (and, wi th respect to bonds, litigat ion shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Se curity Instrument shall have a minimum term of one (1) year afte r the deadli ne for Subdivider ’s completi ng the Works of Improvement, in accordance with Section 2.1 (other tha n Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be ma de in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and wi thout affecting the obligations under such Security Instrument. (iv) If the Subdivi der seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdiv ider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance o f a replacement security, th e former security shall be released by the City.
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9 4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realiz e on its security under any Security Instrument, Subdivider ag rees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no actio n to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expi ration of any Secu rity Instrument or any failu re by any surety or financial institution to perform its obligatio ns w ith respect thereto, Subdivider shall be personally liable for performance und er this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days a fter written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to dr aw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term i n City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit del ivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a let ter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such fund s in an account under the control of the City, with no interest accruing thereon f or t he benefit of the Subdivider. If the City elects to hold the fu nds in an ac count pursuant to the foregoing, City may thereafter at any time elect instead to apply such f unds as provided in the foregoing. Subdivider agrees and hereby grants City a sec urity interest in such account to the extent required for City to realize on its interests therein, and agre es to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.
4.5. Release of Security Instruments . The City sh all release all Se curity Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09 .010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivere d the Maintenance and Warranty Security Instrument; and
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10 (iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have be en timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as req uired by applicable law.
(b) City shall release the Maintenance an d Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain fr om a ny security released, an amount sufficient to cover costs and reasonable expenses and fees, including re asonable attorney’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for co nstruction and ins tallation of the Works of Improvement. In the event Subdivider is entitled to reimbursement f rom City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into betwe en Subdivider and City prior to construction o f the Works of Improvement.
5.2. Payment to City for Cost of Related In spection and Engineering Services .
Subdivider shall compensate City for all of C ity’s costs reasonably incurred in having its authorized repre sentative make the usual and customary inspect ions of the Works of Improvement. In addition, Subdivider shall co mpensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall b e a s established by the City . In no event shall Subdivider be entitled to additional inspectio ns or a final inspection and acceptance of any of the Works of Improvement until a ll City fees and charges have been fully paid, including witho ut limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordanc e wi th Chino Municipal Code Chapter 3.40 or 3.45, as applicable.
6. Acceptance of O ffers of Dedication . The C ity Council shall pass as appropriate resolution or resolutions acce pting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement agai nst defective mate rials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill
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11 or backfill occur s, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may re asonably be determined by the City in the ev ent of emergency, shall commence to repair or replace the same toget her with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship o r make replacements or repairs within the pe riod of time set forth above, City may make such repairs and replace ments and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein sha ll not be in lieu of, but shall be in additi on to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence constructio n of W orks of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Work s of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appoi ntment of a receiver, or the filing of any petition in bankruptcy, e ither voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivi sion o r a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivi der’s obligations under th is Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in t he e vent of default by Subdivider. The City ’s right to draw up on or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdiv ider’s default sha ll be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accor dance with the plans. In the event the Subdivider fails to cur e any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivide r and the Subdivider ’s surety, Subdivider authorizes the City to perform the oblig ation for which Subdivider is in default and agrees to pay the entire cost of su ch performance by the City . The City may take over the work and complete the Works of Improvem ent, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doi ng so, may complet e the Works of Improvement using any of Subdivider ’s materials, appliances,
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12 plans and other pr operty that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive . In any case where this Agr eement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choi ce of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney’s Fees and Costs . In th e event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay a ll costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the e vent of any dispute arising out of Subdivider ’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing par ty in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and cos ts. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to a ttorney’s fees and costs shall be entitled to all other reasonable costs incur red in investigating such action, taking depositions and disco very, retaining ex pert witnesses, and all othe r nece ssary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/Hold Ha rmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or proper ty occasioned by reason of the acts or omissions of Subdivider, its agents, em ployees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to p rotect, defend, indemnify and hold harmless City, its officials, board s an d commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any s ort, because of, o r arising out of, acts or om issions of Subdivider, its agents, employees, contractors and subcontr actors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole ac tive n egligence of the City, its officials, bo ards, commissions, the members thereof, agents and employees, includin g al l claims, demands, causes of action, liability or loss because of or arisi ng out of, in whole or in part, the design or construction of the improvements. This indemnification and agr eement to hold harmless shall extend to injuries to persons and damage s or taking of property resulting from the design or construction of said Subd ivision, and the public improvements as provided herein, and i n addition, to adj acent property owners as a c onsequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.
Recordation of th e Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the prope rty to be dedicated or the improvements pursuant to the approv ed improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map,
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13 unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the Ci ty Eng ineer before approval of the particular improvement design, which objection indicated that the particular impr ovement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Accepta nce, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subd ivider shall not be responsible for routine maintenance. It is the intent of thi s section that Subdivider sh all be responsible for all liability for design and construction of th e improvements installed or work do ne pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasa nce or malfeasance in approving or reviewing a ny work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse t he City for all costs and expenses, including but not limited to f ees an d charges of architects, engineers, atto rneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its a gents, officers, a nd employees from any claim, action, or proceeding against the City or its agents, officers, or em ployees to attack, set aside, void, or annul, an approval of the City, adv isory agency, appeal board, or legislative body concerning the Sub division. The City shall promptly notify the S ubdivider of any claim, action, or proceeding and cooperate fully in t he defense of any such claim, actio n, or proceeding. In the event City fai ls to promptly notify the Subdivider of any claim, action, or proc eeding, or if the City fails to cooperate in t he defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibit s the Ci ty from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shal l not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obt ain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial Ge neral Liability policy with a minimum $1 million combined single limit for bodily injury and property dam age providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
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14 (b) Commercial Business Auto policy w ith a minimum $1 million combined single li mit for bodily injury and property damage, providing all of th e following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of a ny of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes w hich a re not covered under the above Commercia l Business Auto policy shall have said coverage provided under the Com mercial General Liability policy.
(c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of Californ ia and providing c overage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Worke rs’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing thi s Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires eve ry employer to be insured against liabi lity for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, an d I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivi der shall file with the City’s Risk Manager a Certificate of Insur ance o r certificat ion of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the fo llowing endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, empl oyees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insu rance with respect to any other valid a nd c ollectible insurance the City may possess, including any self - insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
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15 (iii) “This insurance shall act for each insured and additional insu red as though a separate policy has been written for each. This, h owever, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or r eduction in coverage, except that ten (10) days prior writ ten notice shall a pply in the event of cancell ation for non -payment of premium. ” Such notice shall be sent to the Ri sk Manager at the address indicated in Subsection f below.
(v) Subsection d(i v) h ereinabove “Cancellation Notice ” is the only endorsement requi red of the Workers ’ Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies provid ing insurance to the Subdivider und er this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all r equired endorsements shall be attached to the Certificate of Insurance which shall be provided by the Sub divider’s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvemen t by City, Subdivider shall provide Cit y with a written warranty in a form substantially similar to Exhib it “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivi der are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pend ing or threatened investigation by any federal , state or local governmental authority under or in connection with th e environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, ge nerate, manufacture, produce, or release, on, under, or about the prop erty to be dedicated, any Hazardous Substance except in compliance with al l applicable environmental laws. For the purposes of this Agreemen t, the term “Hazardous Substances ” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, incl uding all those materials and substance s de signated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation
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16 or policy, in cluding but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of th e California Code of Regulations, Division 4, Chapter 30, as the s ame sh all be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not cause d or permitted the release of, and has no knowledge of the release or pr esence of, a ny Hazardous Substance on th e property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be ded icated has not resulted in t he release of any hazardous substance on the property to be dedicated.
12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any haza rdous substance on the property to be dedicated or the migration there of from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any thi rd par ty against C ity or the property to be de dicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discover y of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedic ated that could ca use the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assig ns. This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and interest in and to the Property and any portion thereof. Subdivider h ereby co nsents to City recording this Agreement as official record s of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City’s approval of this Agreement. In the event the Property is subsequently conveyed by Su bdivider to a thir d party prior to completion of the Works of Improvement, whereby the third party is intended to as sume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreeme nt sha ll transfer to the Replacement Subdivide r; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by S ubdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider’s responsibili ty to maintain unt il such time as Subdivider a nd its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement”), to acknowledge the tran sfer of fee title to the Property from the Subdivider to its
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17 Replacement Subdivider, and to acknowledge the righ ts and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 o f this Agreement. Until suc h time as a Transfer Agreement, meeting the City ’s approval, is execut ed by Subdivider and its Replacemen t Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replaceme nt Sub divider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Thi rd-Party Beneficiaries . This Agreement is i ntended to benefit only the parties hereto and their respectiv e successors and assigns. Neither City nor Sub divider intend to create any third -party beneficiary rights in this Ag reement in any contractor, subcontr actor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zonin g or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither S ubdivider nor Subdivider ’s agents, contractors, or subcontractors are ag ents or cont ractors of the City in conne ction with the performance of Subdivider’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider’s performance of all of its obligations under this Agreement.
13.6. Notices. Unle ss oth erwise speci fied in this Agreement, all notices required or provided for under this Agreement shall be in writ ing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is d elivered in person, or, if mailed, on th e date of deposit in the United States Mail.
Notice shall be provided to the persons listed on Pages 1 an d 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated represen tative and/or addr ess by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agr eement shall preclude City from expending monies pursuant to agreements co ncurrently or previously executed between the parties, or from entering into agreements with other subdividers f or the apportionment of costs of water and sewer mains, or other impro vements pursuant to the provisions of the City ordinances providing theref ore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. I f any portion of this Agreement is held invalid by a court of competent jurisdiction, t he remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
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18 13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waiv ers and Amendments . This Agreement inte grates a ll of the terms and conditions mentioned herein, or incide ntal h ereto, and s upersedes all negotiations a nd previous agreements between the parties with respect to all or part of the subject matter hereof, exce pt as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writin g and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writin g and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, a ll of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf o f the parties warrant the (I) party is duly organized and existing, (ii) t hey are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing thi s Agreement, such party is formally bound to the provisions of this Ag reement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services
KB HOME COASTAL, INC.
By:__________________________
(Signature and Date)
Name:__________________________
(Please type or print name)
Title:__________________________
(Please type or print title)
CITY OF CHINO
______________________________
Matthew Ballantyne, City Manager
Dated: ______________________________
ATTEST:
By
Angela Robles, City Clerk
Dated: ___________________________
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1 EXHIBIT “A”
TRACT MAP NO. 19979
LOCATION MAP
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EXHIBIT “B”
TRACT MAP 19979 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utili ty structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructe d as shown on the approved, enginee red plans and in accordance with City Standards.
F. Water mains, v alves, hydrants, services, meters and appurtenances to ser ve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electric al, telephone, ca ble television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debr is located within any public right -of-way within sai d development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cr oss gutters, driveways and intersections as shown on approved construction plans and in accordance w ith City Standards.
K. Installation of asphalt concrete or Portland Cement Co ncrete s treet pavement o n base material as shown on approved construction plans an d in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his ord er, to complete the improvements in accord ance with the plans and specif ications on file as hereinbefore specified, or any changes required or ord ered by said Engineer which, in his opinion, are necessary or required to complete this work.
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EXHIBIT “C”
TRACT NO. 19979
KB HOME COASTAL, INC.
ENVIRONMENTAL WARRANTY
As a condition precedent to ac ceptance of the dedica tions and pu blic improvements to be conveyed by the above -named Subdivider to t he City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Su bdivider are in violat ion of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection wi th the environmental l aws relating to the property to be dedicated.
2. Neither Subdivider nor any ot her person with Subd ivider’s permission to be upon the prop erty to be dedicated ha s used, generated, manufact ured, produced, or released, on, under, or abo ut the property to be dedicated, any Hazardous Substance except in compliance with all applicable env ironmental laws. For the purposes of this warranty, the ter m “Hazardous Substances ” shall mean any substance or material which is capable of posing a risk of injury to health, s afety or pro perty, including all those materials and substances designated as h azardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Div ision 4, Chapter 30, as t he same shall be amended from time to time, or any other materia ls requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or pre sence of, any Hazardous Substance on the property to be dedicated or the migration of any hazard ous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivi der’s prior and present u se of the prop erty to be dedicated ha s not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and w arrants, that the signators hereto ha ve the legal power, right a nd authority to execute this warranty on behal f of the Subdivider and that the s ignators hereto have sufficient knowledge or expertise, either pers onally, through reasonable inspection and inv estigation of the property, or throug h reasonable reliance upon the investigation and professional opinion of Subdivider’s environmental experts, to make the representations herein, and that no consent of any ot her party is
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required to execute this warrant y and make the representations herein on behalf of the Subdivider to the City of Chino.
Each of the undersign ed persons declares un der penalty of perjury that the foregoing is true and correct.
Dated: _________________________
KB HOME COASTAL, INC.
By:
*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.
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Revenue: Expenditure: 100-24215-D4215
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: WATERTIGHT SEWER MANHOLE ASSEMBLY AND STREETLIGHT CONNECTIONS RETROFIT PROJECT.
RECOMMENDATION
Reject all bids for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project (D4215) received on February 22, 2022 and authorize staff to re -bid the project on March 16, 2022.
FISCAL IMPACT
There is no fiscal impact to the City.
10.9 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: WATERTIGHT SEWER MANHOLE ASSEMBLY AND STREETLIGHT
CONNECTIONS RETROFIT PROJECT
PAGE 2
BACKGROUND
The Prado Dam is an existing facility that was constructed by the United States Army Corps of Engineers (“CORPS”) in 1941. Currently, there is a project underway by the CORPS and sponsored by the Orange County Flood Control District for improvements to the Prado Dam and Spillway. Phase I of the Project includes relocating and protecting utilities within the Prado Dam due to raising the spillway crest from an elevation of 543-feet to 563-feet, causing an increase in the basin inundation area due to the 190 -year design flood event. The City of Chino owns and maintains utilities within the Prado Dam Inundation Area that will require remediation during this project phase. Utilities include sewer manholes and streetlights.
Staff prepared specifications to develop an Invitation for Bids (“IFB”) for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project (D4215). On January 26, 2022, the IFB was published on PlanetBids and in the loca l newspaper. On February 22, 2022, the City received one (1) bid pricing from C.P. Construction Co., Inc., in the amount of $545,000.
ISSUES/ANALYSIS
On February 22, 2022, the City received one (1) bid from bidder, C.P. Construction Co., Inc.
However, staff considered the bid to be non -responsive since C.P. Construction Co., Inc., did not submit the required bid packet documents which includes bonds and a detailed bid schedule. Re-bidding the project will provide staff with the opportunity to solicit bids within the project budget.
Therefore, staff recommends that the City Council reject the bid from C.P. Construction Co., Inc., for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project (D4215) received on February 22, 2022 and authorize staff to re -bid the project on March 16, 2022.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: FRED GALANTE, CITY ATTORNEY
SUBJECT: ADOPTION OF AN ORDINANCE TO ESTABLISH THE NEW CITY COUNCIL DISTRICT BOUNDARIES (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022-004 on second reading, establishing the Preferred Voting District Map as the City of Chino's new voting district map.
FISCAL IMPACT
There is no financial impact.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: ADOPTION OF AN ORDINANCE TO ESTABLISH THE NEW CITY COUNCIL
DISTRICT BOUNDARIES (SECOND READING)
PAGE 2
BACKGROUND
Ordinance No. 2022 -004 amends Chapter 2.06 of the Chino Municipal Code by adjusting the electoral district boundaries as a result of the decennial census and establishing new electoral district boundaries in compliance with federal and state laws. Ordinance N o. 2022-004 adopts a new voting district map for election of council members by -district beginning with the November 2022 General Municipal Election. The election sequencing for the new voting district map will follow the schedule detailed in Chino Municip al Code Section 2.06.030 with Districts 2 and 3 being up for election in November 2022 and Districts 1 and 4 scheduled to be up for election in November 2024. Pursuant to Chino Municipal Code Section 2.06.010(5) the Mayor’s seat is elected at-large and scheduled to be up for election in November 2024.
Introduction of Ordinance No. 2022 -004 by the Chino City Council occurred at its regularly scheduled meeting of March 1, 2022. Additionally, as a matter of clarification, in previous reports and presentations, it was noted that the State has waived the 30 -day waiting period for the new district lines to be adopted or effective. This is technically true as pertains to meeting the April 17, 2022 deadline; however, this should be further explained.
Pursuant to Senate Bill 594, the City is deemed to have adopted new district boundaries by the April 17, 2022 deadline by passing its redistricting ordinance (i.e., the action recommended with this report). Therefore, the new district lines will have been deemed "adopte d" effective immediately should the City Council approve this second reading. However, the actual ordinance will become "effective" after 30 days. Regardless, should the City Council approve the ordinance's second reading, the City will have completed the redistricting process with a little over a month's time available.
ISSUES/ANALYSIS
ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.06, CITY COUNCIL, OF THE CHINO MUNICIPAL CODE
RELATING TO DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL
MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
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ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.0 6, CITY COUNCIL, OF THE CHINO MUNICIPAL CODE
RELATING TO DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL
MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
WHEREAS, pursuant to Government Code sections 34871 and 34886, the City has the authority to adopt an ordinance requiring members of the City Council to be elected by districts , comprising of four districts with an elective mayor; and WHEREAS, pursuant to AB 849, at California Elections Code section 21600 et seq., as it may be amended from time to time, the City Council shall adjust the boundaries of any or all the districts following each federal decennial census to ensure that the districts contains substantially equal population and are otherwise in compliance with all applicable provisions of law; WHEREAS, consistent with AB 849, the City Council held public hearings on July 6, 2021, September 7, 2021, January 18, 2022, February 15, 2022 and March 1, 2022 to receive public input regarding the composition of district maps, and also held a community workshops on December 8, 2021 and February 7, 2022 regarding the content of proposed district maps and public mapping tools; and
WHEREAS, following the public hearings and workshops, the City Council duly considered all documentation, testimony and draft maps prepared by its consultant and members of the public and identified a preferred map, labeled as Map 103, which map, in the opinion of the City Council, best meets the requirements of AB 849 (“Preferred Map”); WHEREAS, to implement the Preferred Map identified through the various public hearings and workshops, the City Council wishes to amend the Chino Municipal Code at Section 2.06.020 to adopt the preferred map pursuant to this Ordinance;
WHEREAS, the City Council electoral districts to be re -districted are described further in this Ordinance and shown on the district map attached hereto as Exhibit “A” to this Ordinance.
NOW THEREFORE, the City Council of the City of Chino does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment , and merely provides for ministerial regulations and procedures. (CEQA Guidelines § 15061(b)(3).)
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ORDINANCE NO. 2022-004
PAGE 2
SECTION 3. Section 2.06.020 of Chapter 2.06, of Title 2, of the Chino City Municipal Code is amended to read as follows, with all other portions of Chapter 2.06 not hereby amended remaining in full force and effect:
“Section 2.04.040 Establishment of city council electoral districts.
A. Four members of the city council shall be elected on a "by-district" basis from the council districts described as follows:
1. Council District 1 shall comprise all that portion of the City beginning at the intersection of Francis Avenue and Monte Vista Avenue; thence proceeding southerly along Monte Vista Avenue to Schaefer Avenue; thence proceeding easterly along Schaefer Avenue to Central Avenue; thence proceeding southerly along Central Avenue to Edison Avenue; thence proceeding easterly along Edison Avenue to Magnolia Avenue; thence proceeding northerly along Magnolia Avenue to Riverside Drive; thence proceeding westerly along Riverside Drive to Benson Avenue; thence proceeding northerly along Benson Avenue to State Highway 60; thence proceeding easterly along State Highway 60 to Magnolia Avenue; thence procee ding northerly along Magnolia Avenue to City limits; thence proceeding counter-clockwise along the City limits to the point of beginning.
2. Council District 2 shall comprise all that portion of the City beginning at the intersection of Riverside Drive and Benson Avenue; thence proceeding northerly along Benson Avenue to State Highway 60; thence proceeding easterly along State Highway 60 to Mountain Avenue; thence proceeding northerly along Mountain Avenue to the City limits; thence proceeding clockwise along the City limits to Edison Avenue; thence proceeding westerly along Edison Avenue to Magnolia Avenue; thence proceeding northerly along Magnolia Avenue to Riverside Drive; thence proceeding westerly along Riverside Drive to the point of beginning.
3. Council District 3 shall comprise all that portion of the City beginning at the intersection Euclid Avenue and Edison Avenue; thence proceeding westerly along Edison Avenue to Central Avenue; thence proceeding southerly along Central Avenue to City limits includi ng roughly 480,000 square feet of land directly west at the intersection of El Prado Road and Central Avenue; thence proceeding southerly along City limits to the point of the beginning.
4. Council District 4 shall comprise all that portion of the City begin ning at the intersection of Francis Avenue and Monte Vista Avenue; thence proceeding southerly along Monte Vista Avenue to Schaefer Avenue; thence proceeding easterly along Schaefer Avenue to Central Avenue; thence proceeding southerly along Central Avenue to City limits excluding roughly 480,000 square feet of land directly west at the intersection of El Prado Road and Central Avenue; thence proceeding northerly along the City limits to the point of beginning.
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ORDINANCE NO. 2022-004
PAGE 3
B. At the time of any annexation of territory to the city, the city council shall designate, by resolution adopted by a vote of a least a majority of the city council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries, if necessary, in accordance with Election Code section 21603, as it may be amended.
C. The council districts specified in subdivision (A) shall continue in effect until they are amended pursuant to subdivision (B) or repealed in accordance with law.” SECTION 4. This Ordinance shall take effect and be in full force and effect immediately after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of gener al circulation.
SECTION 5. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
PASSED, APPROVED, AND ADOPTED this 15th day of March, 2022.
___________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________
ANGELA ROBLES, CITY CLERK
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ORDINANCE NO. 2022-004
PAGE 4
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 Ordinance was duly adopted by the City Council of the City of Chino at a regular meeting held on the 15th day of March 2022 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
Exhibit A – Preferred Voting District Map
10.10.a
Adoption (second reading) of Ordinance No. 2022-004
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Election Sequencing:
Districts 2 and 3 - November 2022
Mayor (At-Large) and
Districts 1 and 4 - November 2024
10.10.b
Adoption (second reading) of Ordinance No. 2022-004
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10.10.b
Adoption (second reading) of Ordinance No. 2022-004
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Revenue: Expenditure: 3257290-40010-WA19C
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: SCAQMD BUDGET APPROPRIATION TO PROJECT WA19C.
RECOMMENDATION
1) Appropriate $750,000 to the Eastside Water Treatment Facility Expansion and Brine Pipeline Project WA19C from the unappropriated reserves of SCAQMD Fund 325; 2) increase the project budget for WA19C to $19,358,030; and 3) authorize the City Manager to process the necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $750,000 from the unappropriated reserves of the SCAQMD Trust Fund. There are sufficient reserves in the SCAQMD Trust Fund 325.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: SCAQMD BUDGET APPROPRIATION TO PROJECT WA19C
PAGE 2
BACKGROUND
The City receives subvention funds on an annual basis. These funds are administered by the South Coast Air Quality Management District and may be used for projects or initiatives which provide an air quality benefit.
ISSUES/ANALYSIS
The City is currently construc ting project WA19C which consists of the Eastside Water Treatment Facility expansion and a brine disposal pipeline. The City currently disposes of the brine waste, produced as a water treatment by-product, by trucking the waste to a disposal site.
Construction of the brine disposal pipeline will eliminate the need to truck the waste to a disposal site, thereby reducing truck emissions and providing an air quality benefit. SCAQMD staff have reviewed the City’s request to utilize subvention funds for the construction of the brine disposal pipeline and have found that it is a suitable use of the funds.
Therefore, staff is recommending an appropriation of $750,000 from the SCAQMD Trust reserves to project WA19C. Staff also recommends that Council authorize the City Manager to process all necessary documents.
12.11 NEW BUSINESS
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Revenue: See Exhibit A Expenditure: See Exhibit A
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW.
RECOMMENDATION
Receive and file the Financial Review Status Report; 2) appropriate $ 1,210,000 from the unappropriated reserves of the General Fund, $75,000 from the unappropriated reserves of the Transportation Fund; $540,000 from the unappropriated reserves of the Landscape & Lighting Fund; $3,000 from the unappropriated reserves of the Assessment District Fund; $544,000 from the unappropriated reserves of the Water Fund ; $216,000 from the unappropriated reserves of the Sewer Fund; $6,000 from the unappropriated reserves o f the Storm Drain Fund ; $61,000 from the unappropriated reserves of the Sanitation Fund ; $640,291 from the unappropriated reserves of the Liability Insura nce Fund; $1,085,000 from the unappropriated reserves of the Employee Benefits Fund ; and $ 407,000 from the unappropriated reserves of the Equipment Management Fund; 3) increase the revenue budget in the amount of $ 1,125,000 in the General Fund; 4) approve contract amendments for Transtech Engineers, IDC Consulting Engineers, Z & K Consultants, and CLS Land scape Management; 5) approve an increase to the Purchase Orders for Sidepath, Crafco Absolute, and Ace Clean Environment ; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $1,210,000 from the unappropriated reserves of the General Fund with off -setting revenue appropriations of $1,1 25,000, $ 75,000 from the unappropriated reserves of the Transportation Fund, $ 540,000 from the unappropriated reserves of the Landscape & Ligh ting Fund, $3,000 from the unappropriated reserves of the Assessment District Fund; $544,000 from the unappropriated reserves of the Water Fund, $216,000 from the unappropriated reserves of the Sewer Fund, $ 6,000 from the unappropriated reserves of the Storm Drain Fund, $61,000 from the unappropriated reserves of the Sanitation Fund, $ 640,291 from the unappropriated reserves of the Liability Insurance Fund, and $ 1,085,000 from the unappropriated reserves of the Employee Benefits Fund, and $407,000 from the unappropriated reserves of the Equipment Management Fund. There are sufficient fund balances available for these purposes.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 2
BACKGROUND
Each year, staff presents to the citizens of Chino and the City Council a financial review of the current fiscal year. This year’s financial review covers the current fiscal year through the end of February 2022, and includes all areas of operation, with an emphasis on the City’s General Fund. Finance staff met with each department to review and analyze both operating rev enues and expenditures to evaluate and identify potential changes from the Fiscal Year (FY) 2021 -22 adopted budget.
ISSUES/ANALYSIS
General Fund
The mid-year analysis closely examined the City’s three major revenue sources of Sales Tax, Property Tax, and Development Related Revenue.
Sales Tax revenue for FY 2021 -22 is anticipated to be over budget by $4 million for a total of $33.4 million. In 2021 when the sales tax budget was established, staff was anticipating reduced sales taxes due to several on e-time payments received the year before, as well as the loss of sales tax due to operating changes at a large distribution center located in Chino.
However, these losses of sales tax revenues have been offset by increases from other sales tax producers located in Chino.
Property Tax revenue for FY 2021 -22 is anticipated to be $29 .4 million for an increase of $700,000 over the current budget. Property values continue to rise mostly due to the shortage of available homes for sale as well as the addition o f new homes, commercial, and industrial units throughout the city.
One-time Development Revenue was budgeted at $11.7 million for FY 2021 -22. Development activity has remained consistent, and staff anticipate that this revenue source will be just under budget at $11.4 million for FY 2021-22.
The City is also receiving the second installment of ARPA funds in FY 2021 -22. However, due to accounting rules, the funds can only be recognized when they are “earned.” Therefore, $14.8 million of the ARPA funds will be recognized during this fiscal year. These funds were “earned” when the City Council approved the spending of these funds at the February 1, 2022 City Council meeting. The recognition of these funds during FY 2021 -22 will significantly increase the final operating results for the year.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 3
All Other Funds
A review of revenues and expenditures in all operating funds was made, measuring them against both the adopted budget amounts, as well as a comparison of the same time last year.
These operating funds include Special Revenue, Internal Service, Development Impact Funds, and Enterprise Funds. Revenues and expenditures for these operating funds are within budgeted amounts except as noted below.
Appropriation Adjustments
As part of the financial rev iew of revenues and expenditures, staff has identified areas of operations that changed after the adoption of the FY 2021 -22 Budget. Staff is requesting the following appropriations of revenues and/or expenditures to reflect these changes:
General Fund
Appropriate $85,000 of expenditures and revenue with Chino Hills Ford. This change is requested due to the increase in sales taxes received during this current fiscal year. This increase is fully offset by additional sales tax revenue received.
Appropriate $805,000 of expenditures and revenue with Fisher Scientific. This change is requested due to the increase in sales taxes received during this current fiscal year. This increase is fully offset by additional sales tax revenue received.
Appropriate $75,000 to Aleshire & Wynder LLP for additional legal expenses for ongoing litigation.
Appropriate $45,000 of expenditures and revenue to Silver and Wright to prosecute Code Enforcement activities. This is fully offset with costs recovery revenue fees.
Transportation Fund
Appropriate $20,000 to CT&T Paving for additional concrete repairs.
Appropriate $5,000 to Aleshire & Wynder LLP for additional legal expenses for transportation issues.
Landscape and Lighting Fund
Appropriate $45,000 for additional tree trimming due to heavy winds.
Appropriate $15,000 for additional monument signage repairs at Central Ave. and 60 Freeway.
Water Fund
Appropriate $360,000 of expenditures to Chino Basin Desalter Authority for additional water purchases during the year.
Appropriate $20,000 to Aleshire & Wynder LLP for additional legal expenses for water related legal costs.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 4
Sewer Fund
Appropriate $200,000 of expenditures to Inland Empire Utilities Agency (IEUA) for additional sewer treatment pass through costs. These fees are collected from customers and passed through to IEUA.
Sanitation Fund
Appropriate an additional $41,000 for Waste Management. This change is requested due to additional waste hauling pickup costs.
Liability Insurance Fund
Appropriate $460,291 of expenditures for additional claims payments not anticipated at the beginning of the year.
Appropriate $145,000 of expenditures to Silver and Wright to prosecute Code Enforcement activities.
Appropriate $35,000 to Aleshire & Wynder LLP for add itional legal expenses for general liability claims.
Employee Benefits Fund
Appropriate $750,000 of expenditures for additional accrued leave hours converted to cash during this fiscal year.
Appropriate $110,000 for the increase in outside legal services.
Equipment Management Fund
Appropriate $407,000 of expenditures for additional fuel costs. Fuel prices have increased during this fiscal year.
Various Funds
During the prior fiscal year, Southern California Edison changed all the City’s electrical account numbers. There are still a few accounts that Southern California Edison has not reconciled and converted to start billing the City again. This change resulted in months of payment delays as the City tried to reconcile the new accounts to the old acc ounts.
This reconciliation process has been completed; however, bills relating to the prior fiscal year and pending this fiscal year, need to be paid in this fiscal year. The following additional appropriations ($588,000) are needed to recognize expenses r elating to the prior year and current fiscal year:
Fund 320 $5,000
Fund 360 $480,000
Fund 361 $3,000
Fund 520 $100,000
The City has experienced an increase in the number of utility customers paying their monthly utility bills with a credit card. The refore, the credit card fees the City pays to offer this service has increased beyond the budgeted amounts.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 5
The following increases ($106,000) for credit card fees are required:
Fund 520 $64,000
Fund 530 $16,000
Fund 540 $6,000
Fund 550 $20,000
Contract Amendments with Appropriations
As part of the financial review of revenues and expenditures, staff has identified the following appropriations requiring contract amendments as they exceed $50,000. Staff is requesting contract amendments and appropriations to reflect these changes:
General Fund
Approve a contract amendment with Building Code Services, increasing the existing contract by $85,000 to a total of $405,000. This change is requested due to additional plan check services being requested by developers. This cost is offset by additional plan check fees.
Approve a contract amendment with ERSC, increasing the existing contract by $60,000 to a total of $ 460,000. This change is requested due to additional plan check services being requested by developers. This cost is offset by additional plan check fees.
Approve a contract amendment with Cannon, increasing the existing contract by $30,000 to a total of $ 232,264. This change is requested due to additional plan check services being req uested by developers. This cost is offset by additional plan check fees.
Approve a contract amendment with Hinderliter Llamas & Associates, increasing the existing contract by $15,000 to a total of $7 5,000. This change is for additional sales tax audits performed by the company and is offset by additional sales tax revenues received.
Approve a contract amendment with Brink’s, Inc., increasing the existing contract by $10,000 to a total of $ 29,190.80. This change is for additional fuel and insurance surcharges.
Transportation Fund
Approve a contract amendment with Hardy & Harper, increasing the existing contract by $45,000 to a total of $ 488,622.58. This change is requested for additional asphalt repairs.
Employee Benefits Fund
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 6
Approve a contract am endment with Atkinson, Anderson, Loya, and Romo, increasing the existing contract by $25,000 to a total of $ 185,000. This change is for legal services to handle two unanticipated lawsuits.
Approve a contract amendment with Waye McAfee, increasing the existing contract by $200,000 to a total of $ 300,000. This change is for consulting services required to facilitate citywide staffing.
Contract Amendments without Appropriations
As part of the financial review of revenues and expenditures, staff has id entified the following appropriations, requiring contract amendments as they exceed $50,000. Staff is requesting contract amendments to reflect these changes:
Transportation Fund
Approve a contract amendment with Transtech Engineers, increasing the exist ing contract by $190,000 to a total of $ 743,408. This change is requested for additional CIP Management Services.
Approve a contract amendment with IDC Consulting Engineers, increasing the existing contract by $150,000 to a total of $ 519,479. This change is requested for additional CIP Management Services.
Approve a contract amendment with CT&T Concrete Paving, Inc., increasing the existing contract by $60,000 to a total of $470,000. This change is requested for additional concrete repairs.
Landscape and Lighting Fund
Approve a contract amendment with CLS Landscape Management, increasing the existing contract by $10,000 to a total of $ 64,467.60. This change is requested for additional work needed at the reservoir sites.
Water Fund
Approve a contract amendment with General Pump Company, increasing the existing contract by $18,000 to a total of $1 29,300. This change is requested for additional repairs needed at the Well sites.
Approve a contract amendment with Z & K Consultants, increasing the exist ing contract by $120,000 to a total of $ 430,080. This change is requested for additional CIP Management Services.
Purchase Order Increases
As part of the financial review of expenditures, staff has identified the following purchases to specific vendo rs that are anticipated to exceed amounts authorized by City Council. These requests increase the purchase order only; no additional appropriation is required as these
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REVIEW PAGE 7
expenditures are within the adopted FY 2021-22 budgeted appropriations:
Vendor
Purpose
Increase
Amount
Total P.O.
Amount
Sidepath, Inc. CCTV Storage Space $500,000 $750,000
Crafco Absolute Purchase Crack Sealer $60,000 $150,000
Ace Clean Environment County Building Cleanup $5,724 $78,562.39
CONCLUSION
Sales tax, property tax, and development related revenue all continue to increase for FY 2021 -
22. The City’s top three revenue sources, when combined, are anticipated to be up $4 million for FY 2021-22. Additionally, the City will recognize ARPA funds of $7.3 million in FY 2021 -22 that were received in the prior fiscal year. These additional revenues will ensure the General Fund has an operating surplus for the fiscal year.
The additional appropriations and contract amendments contained in this staff report will assist staff in continuing to service the needs of the community during this fiscal year.
Attachment: Exhibit 1
RB:hm
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Exhibit 1
Expenditure Account
Number
Expenditure
Amount
Revenue Account
Number Revenue Amount
General Fund:
Aleshire & Wynder LLP 1006100-43500 25,000.00
Aleshire & Wynder LLP 1006400-43500 25,000.00
Aleshire & Wynder LLP 1007010-43500 25,000.00
Building Code Services 1006300-43570 85,000.00 1006300-56350 85,000.00 Brink's, Inc. 1003000-43515 10,000.00
Cannon 1007010-43570 30,000.00 1007010-56350 30,000.00 Chino Hills Ford-OPA 1009020-43630-N9000 85,000.00 1001000-51300 85,000.00 ERSC, Inc. 1007010-43570 60,000.00 1007010-56450 60,000.00 Fischer Scientific 1009020-43630-N9000 805,000.00 1001000-51300 805,000.00 Hindeliter, Llamas & Associates 1003000-43515 15,000.00 1001000-51300 15,000.00 Silver and Wright 1006400-43510 45,000.00 1006400-59071 45,000.00 1,210,000.00 1,125,000.00
Transportation Fund:
Aleshire & Wynder LLP 3207100-43500 5,000.00
CT & T 3207150-43580 20,000.00
Hardy & Harper 3207140-43580 45,000.00
So Ca Edison-Billing 3207120-43430 5,000.00
75,000.00
Landscape and Lighting Fund:
Tree Service Maint Account 3607240-43580 30,000.00
So Ca Edison - Billing 3607260-43430 480,000.00
Tree Service Maint Account 3607260-43580 15,000.00
City Monument Sign Repair 3607230-43580 15,000.00
540,000.00
Assessment Maint District:
So Ca Edison-Billing 36172606-43430 3,000.00
3,000.00
Water Fund:
Credit Card Fees 5203100-43530 64,000.00
Chino Basin Desalter Authority 5207300-43605 360,000.00 Aleshire & Wynder LLP 5207300-43500 10,000.00
Aleshire & Wynder LLP 5207310-43500 10,000.00
So Ca Edison-Billing 5207310-43430 100,000.00
544,000.00
Sewer Fund:
Inland Empire Utilities Agency IEUA 5307320-43606 200,000.00 Credit Card Fees 5303110-43530 16,000.00
216,000.00
Storm Drain Fund:
Credit Card Fees 5403120-43530 6,000.00
6,000.00
Sanitation Fund:
Credit Card Fees 5503130-43530 20,000.00
Refuse Collection Services 5507380-43650 41,000.00
61,000.00
Summary of Account Codes
12.12.a
FY 2021-22 Mid-Year Financial Review
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Exhibit 1
Expenditure Account
Number
Expenditure
Amount
Revenue Account
Number Revenue Amount
Summary of Account Codes
Insurance/Workers Comp:
Legal Settlement 6305010-43280 460,291.00
Silver & Wright 6305010-43510 145,000.00
Aleshire & Wynder LLP 6305010-43500 35,000.00
640,291.00
Employee Services Fund:
Wayne McAfee-I Create Professionals 6405020-43650 200,000.00 Atkinson, Andelson, Loya, Rudd, Romo 6405020-43650 25,000.00 Outside Legal Services 6405020-43510 110,000.00
Accrued Leave Cash Outs 6405020-42000 750,000.00
1,085,000.00
Equipment Management Fund:
Card Lock-SC Fuels 6607400-43090 407,000.00
407,000.00
Totals Expenditure Total 4,787,291.00 Revenue Total 1,125,000.00 Net Appropriations 3,662,291.00
12.12.a
FY 2021-22 Mid-Year Financial Review
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Revenue: Expenditure: 3207100 & 3227190 - 48040- TR162 & TR182
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: BRIEFCAM ANALYTICAL VIDEO SOFTWARE AND MILESTONE VMS CAMERA LICENSES.
RECOMMENDATION
1) Approve the purchase of BriefCam analytical video software and Milestone VMS camera licenses from Safeware, Inc. for $168,306.98; and 2) 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 Project budgets for TR162 & TR182.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: BRIEFCAM ANALYTICAL VIDEO SOFTWARE AND MILESTONE VMS CAMERA
LICENSES
PAGE 2
BACKGROUND
During the 2020 -2021 Fiscal Year, phases 1 and 2 of the CCTV Camera Installation Project were completed. These projects installed traffic cameras at 25 locations. As part of the budget for these projects, video management software was expected to be purchased to assist engineering staff in monitoring traffic cameras throughout the City to monitor traffic pattern s, construction activity, and view incidents in real time. As the traffic camera network grows, the Transportation Division and Police Department’s Traffic Unit have been collaborating to identify opportunities to leverage the City’s existing traffic management system to enhance traffic safety and improve the City’s response to traffic -related issues such as congestion, violations, and roadway improvement projects. The traffic camera network was integrated into the Police Department’s video management syste m known as Milestone. Staff now shares this system combining most city cameras resources into a single central system leveraging multi - departmental resources to accomplish each department’s goals.
The City of Chino currently has 254 traffic cameras at 50 i ntersections, 26 portable observation device (POD) cameras at eight (8) locations, and 86 automated license plate reader (ALPR) cameras at 17 intersections, allowing much of the city to be viewed remotely. The Transportation Division monitors traffic camer as from the Traffic Management Center (TMC) while the Police Department monitors the video network from the Real Time Crime Center (RTCC). The Chino network of cameras are a tremendous resource; however, the process of manually reviewing the video feeds pr ovided by this network of cameras has proven to be very time-consuming and inefficient.
The Chino Police Department's RTCC and Criminal Investigations Bureau (CIB) also utilize video surveillance technology to accomplish their goal of fighting crime and ma intaining and promoting public safety. RTCC Analysts review video surveillance to assist field personnel with information sharing, technology monitoring, risk and safety information, and investigative assistance for in-progress and historical crimes.
ISSUES/ANALYSIS
To manage the growing camera technology resource, video content analysis software can provide a technological solution accomplishing what required hours of staff time down to minutes. Video content analysis (VCA) systems use Artificial Intellig ence (AI) to evaluate video and transform it into a searchable, quantifiable, and actionable product. Video metadata is collated and structured into an index of objects so that staff can quickly and effectively understand what appeared in the footage being analyzed. AI technology enables city employees to search and filter nearly any video by attributes like the color and type of clothing worn, vehicle colors, vehicle types such as car, truck, van, SUV, motorcycle, commercial truck, bicycle, and pedestrian. When the video is broken down into objects and patterns, it also can be searched, and the data can be filtered to help focus efforts on relevant information. The data can also be visualized into dashboards to draw deeper intelligence to guide safety and o perational decision- making. With the BriefCam video content analysis technology, cameras can be used to conduct traffic counts, determine the time frames when violations and congestion occur, and alert to potential issues, such as real-time truck route violations.
BriefCam’s video content analytics (VCA) software system will enable staff to overcome the challenges and inefficiencies inherent in the current manual review process and better leverage the capabilities of the City’s video camera network. In doin g so, BriefCam can help the City of
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: BRIEFCAM ANALYTICAL VIDEO SOFTWARE AND MILESTONE VMS CAMERA
LICENSES
PAGE 3
Chino to enhance the level of service provided to its community through improved investigation outcomes and traffic management capabilities.
The purchase of BriefCam software includes a custom -built server to integrate t he VCA software system to the City of Chino’s existing cameras and Milestone video management system. The software can connect to 100 cameras and provide live alerts on up to ten (10)cameras, with five (5) people viewing live footage simultaneously. Previo usly recorded footage can be viewed by unlimited users. Additionally, video from outside sources can also be uploaded into the system and searched the same way.
Examples are listed below of how BriefCam VCA software can assist the City of Chino Public Works Transportation Division and Chino Police Department’s Traffic Unit with traffic -related issues:
· Vehicle, pedestrian, and bicycle counts in a specific area to assist with traffic engineering analysis and traffic signal timing.
· Pedestrian counts during a specified time to help determine intersection crossing needs. · Bicyclist counts along corridors to help identify bicycle facility needs. · Monitor truck route violations and determine times when most of the violations are occurring. · Verify reporte d traffic -related concerns like speeding, illegal turns, or street racing and ascertain when most violations occur.
· Alerts can be set to notify when speeds significantly drop or rise so traffic flow can be monitored and adjusted.
· Assist with determining areas that warrant traffic enforcement. · Reduced time in viewing and identifying issues through video analysis.
The City currently utilizes the Milestone video management system for all camera systems which is a single point of administration for ca mera feeds, viewing, recording and maintenance.
As the City progresses with its traffic management program, additional camera and maintenance licensing will be required for future cameras to be added to this system. This software will be in line with the current use and practice of existing systems and will integrate in the overall citywide program.
The City of Chino Public Works Transportation Division has a carryover budget from the 2020 - 2021 Capital Improvement project budget. The CCTV Camera Installat ion Projects TR162 and TR 182 are complete, but the remaining funds intended for a new video management system were not exhausted. The projects were intended for the purchase of traffic cameras and related software expenses. Staff is requesting utilizing t he remaining funds in the projects to purchase the BriefCam software and add additional camera licenses to the Milestone software that can be utilized by various personnel from multiple City departments.
To optimize financial resources, Section 3.32.070(D) (3) of the City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. The one -year subscription to Briefcam software, Milestone licenses, a new server, and the integration of the system will be purchased from Safeware, Inc. through a cooperative agreement, OMNIA Partners, Contract No. 159469 at the cooperative purchasing price. The total initial purchase price is $168,306.98. The Briefcam subscription will be valid for a period of one year and would require renewal at that point. The renewal fee for the second year will be $15,888.
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COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: BRIEFCAM ANALYTICAL VIDEO SOFTWARE AND MILESTONE VMS CAMERA
LICENSES
PAGE 4
Attachment: Safeware Inc. Quote
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QUOTATION
1868978
Order Date
Order Number
02/16/2022 15:48:03
Page
1 of 3
Quote Expires On: 03/31/2022www.safewareinc.com
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
CHINO, CA 91708-7577
Chino Police Department
5450 Guardian Way
Attn: Sgt. Cloke
Chino, CA 91710
Requested By: Sgt Jason Cloke
Customer ID:
PO BOX 667
FINANCE DEPT/ACC PAYABLE
Bill To: Ship To:
CITY OF CHINO
909-627-7577
16783
TakerPO Number
BriefCam and Milestone Quote [email protected] Van Kirk Email
Freight Terms
301-683-1200
Fax
561-262-8343
Phone
Bill Freight
Peter Van Kirk
Sales Representative
Item ID
Item DescriptionRemaining
Quantities
UOM
Disp. Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
PV
ANKIRK1.000.00 EAEA 0.000.001.00
1.0 1.0For questions regarding this proposal
Please contact:
Peter
Van Kirk
Safeware, Inc.
National Director-Government Security Solutions
(M) 561-262-8343
(O) 561-400-1029
(F) 804-236-0429
(E) [email protected]
BRC PT-BAS-0011.000.00 EAEA 76,704.55
76,704.551.00
Safeware Catalog Price: Contract Discount: Your Discount: 53.00% 163,438.26 41%
1.0 1.0BriefCam Protect Base Package
BRC PT-MNT-0011.000.00 EAEA 15,340.9115,340.911.00
Safeware Catalog Price: Contract Discount: Your Discount: 77.00% 68,099.27 41%
1.0 1.0Protect Software SCC - 1st
Year
BRC BC-BSP-0021.000.00 EAEA 3,977.273,977.271.00
Safeware Catalog Price: Contract Discount: Your Discount: 34.00% 5,982.91 10%
1.0 1.0Basic Service Pack
Includes remote installation, LMS-based (remote)
User training and
Admin training
BRC BC-2-G42-Q42-256-19-11.000.00 EAEA 20,887.5020,887.501.00 Safeware Catalog Price: Contract Discount: Your Discount: 56.00% 47,929.60 41%
12.13.a
Purchase of BriefCam Camera Software
Packet Pg. 201
QUOTATION
1868978
Order Date
Order Number
02/16/2022 15:48:03
Page
2 of 3
Quote Expires On: 03/31/2022www.safewareinc.com
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
Item ID
Item DescriptionRemaining
Quantities
UOM
Disp. Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
1.0 1.02U, 16 Cores, 2 GPUs, 256GB RAM
Order Line Notes: 2U Precision 7920 Rackmount
W
indows Server 2019
Dual 1600W Redundant Power Supply (1+1)
2x Intel® Xeon® Silver 4215R (8 cores each)
256GB RAM
2 x 480GB SSD (OS)
8TB SATA HDD
2 x Quadro RTX 4000 GPU
5 Years Dell Pro-Support
BRC BC-HDD-8TB1.000.00 EAEA 591.48
591.481.00
Safeware Catalog Price: Contract Discount: Your Discount: 56.00% 1,357.24 41%
1.0 1.08TB 7200RPM Serial
ATA
6Gbps 512e 3.5in Hot-plug Hard Drive
BRC BC-SSD-R-480GB2.000.00 EAEA 2,938.641,469.322.00
Safeware Catalog Price: Contract Discount: Your Discount: 56.00% 3,371.58 41%
1.0 1.0480GB Read Intensive (R) SSD
AFF XPCODL147.000.00 EAEA 40,016.34
272.22147.00
Safeware Catalog Price: Contract Discount: Your Discount: 57.00% 638.85 41%
1.0 1.0Milestone XProtect Corporate Device Lic
AFF CAREPLUS1,029.000.00 EAEA 4,249.77
4.131,029.00
Safeware Catalog Price: Contract Discount: Your Discount: 35.00% 6.36 10%
1.0 1.01 Month Care Plus for XProtect Corporate
for each license
Order Line Notes: **This quote provides 7 months of services per license
7 months x 147 licenses = 1029
AFF CAREPREM1,029.000.00 EAEA 1,708.141.661,029.00
Safeware Catalog Price: Contract Discount: Your Discount: 35.00% 2.55 10%
1.0 1.01 Month Care Premium for XProtect Corpor
for each license
Order Line Notes: **This quote provides 7 months of services per license
7 months x 147 licenses = 1029
OMNI
A POP1.000.00 EAEA 0.000.001.00
1.0 1.0OMNI A Contract #159469
12.13.a
Purchase of BriefCam Camera Software
Packet Pg. 202
QUOTATION
1868978
Order Date
Order Number
02/16/2022 15:48:03
Page
3 of 3
Quote Expires On: 03/31/2022www.safewareinc.com
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
Item ID
Item DescriptionRemaining
Quantities
UOM
Disp. Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
Lead
Agency: Port of Portland
Public Safety, Emergency Preparedness, Safety
Equipment and Solutions
April 1, 2021 - April 1, 2026
Standard freight PAID, all HAZMAT/expedited
freight billed. *Register with OMNIA at
www.omniapartners.com/publicsector
SUB-TOTAL:Total Lines: 11 166,414.60
1,892.38TAX:
168,306.98AMOUNT DUE:
Actual f
reight added per freight terms
12.13.a
Purchase of BriefCam Camera Software
Packet Pg. 203
Revenue: Expenditure: 1002000-43300-N2033
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: MARCH 15, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WALT POCOCK, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT FUND CONTRIBUTION.
RECOMMENDATION
Approve a community support fund contribution in the amount of $350 each to Chino American Little League and Chino National Little League.
FISCAL IMPACT
None. There are sufficient funds in the Fiscal Year 2021-22 Operating Budget.
13.14 MAYOR AND COUNCIL REPORTS
Packet Pg. 204
COUNCIL MEETING DATE: MARCH 15, 2022
SUBJECT: COMMUNITY SUPPORT FUND CONTRIBUTION
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups 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 c ommunity 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 Pocock recommends that the City Council approve the following contribution:
· Chino American Little League - $350: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.
· Chino National Little League - $350: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.
By approving this contribution, this group will be better equipped to provide services to our community. Therefore, as proposed by Council Member Pocock, staff recommends that the City Council approve the community support contribution to Chino American Little League and Chino National Little League.
13.14 MAYOR AND COUNCIL REPORTS
Packet Pg. 205