Chino City Council
May 17, 2022

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 av ailable at the entrance to the City Council Chambers .

Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. I n 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 MAY 17, 2022

CLOSED SESSION – 6:30 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).

FLAG SALUTE

CEREMONIALS

CHINO CITY COUNCIL
MAY 17, 2022 2

Proclamations
National Mental Health Awareness Month - May 2022.

National Public Works Week - May 15 - 21, 2022.

Poppy Day - May 27, 2022.

Presentations
Recognition of the 2022 Hall of Fame Award Recipients: Brenton K. Galbreath and Allen Philip McCombs.

Introduction and Recognition of the Teen Advisory Committee:
• Sydney Reyes, Chairperson (Senior) • Gabriela Gandara, Vice-Chairperson • Adrie Villa, Secretary (Senior) • Manuel Avalos
• Hannah Finkbeiner • Christine Gu (Senior)
• Lizzet Luna Hailey Ordonez (Senior) • Madeleine Ramirez • Elena Rossen • Sophia Vasquez (Senior)
• Bella Zhong
Recognition of Chino Police Department - Baker to Vegas Challenge Cup Relay Race.

Business of the Month for May 2022 - Chino Florist and Gifts.

Mayor's Home Beautification Award for May 2022.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report May 2022
Citywide Legislative Policy - Tracked Legislation.

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 ad dress the City Council about subjects that do not appear elsewhere on the agenda. Due to Council pol icy 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) limi ts speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CHINO CITY COUNCIL
MAY 17, 2022 3

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 i tem be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.

1. Warrants. Approve expenses as audited and within budget for warrants 759890 to 760082, and Electronic Fund Transfers 515080E to 515166E, totaling $5,423,705.94.

2. Minutes. Regular Meeting of May 3, 2022 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses i ncurred by the City and forecast of future events and trainings.

4. City Council Meeting Cancellations for August 2022. Authorization for staff to cancel the August 2nd and August 16th City Council regular meetings.

5. Vendor Cap Increase and Agenda and Meeting Management System Transfer . Approve a vendor cap increase in the amount of $35,852.50 with Granicus to allow the City to transfer to a different agenda and meeting management system.

6. Economic Development Additional Appropriation . Approve an additional appropriation for Economic Development's revenue sharing agreement of $1,050,000 in Fiscal Year 2021 -22 to be fully offset by increased sales tax revenue.

7. Annual Comprehensive Financial Report . Receive and file the City of Chino’s Annual Comprehensive Financial Report for Fiscal Year 2020-21.

8. Federal Asset Forfeiture Funds - Equipment Purchase . Appropriate $51,456.89 from the Federal Asset F orfeiture / Department of Justice Fund to purchase a marking laser, desktop scanners, Automated License Plate Reader cameras, and a portable observation device.

9. Acceptance of Sewer Improvement Lines A and B - TM 16420 . Acceptance of Sewer Improvement Lines A and B of Tract Map No. 16420, generally located south of Pine Avenue, between Hellman Avenue and Chino-Corona Road.

10. Final Acceptance of Public Improvement Administrative Approval PL15 -0899 - Tom's Restaurant (Valaskantjis Family Trust) . Accept the public improvements for Administrative Approval PL15 -0899, located on the northeast corner of Central Avenue and Washington Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.

11. Sale of Stored Groundwater to The Fontana Water Company . Approve the sale of 5,000 acre - feet of the City’s surplus groundwater reserves to the Fontana Water Company.

M _____ S _____ RC _____

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

CHINO CITY COUNCIL
MAY 17, 2022 4

12. Formation of Improvement Area 10 in Community Facilitie s District 2003 -3. Conduct a Public Hearing regarding the formation of Improvement Area No. 10 i n Community Facilities District No. 2003-3 in The Preserve.

Staff Report by: Rob Burns, Director of Finance.

RECOMMENDATION: 1) Conduct a Public Hearing regard ing the formation of Improvement Area No. 10 in Community Facilities District No. 2003 -3; 2) acce pt tax consultant’s report; 3) adopt Resolution No. 2022-027, establishing Improvement Area No. 10 of CFD No. 2003 -3, authorizing the levy of special taxes, an d calling an election; 4) adopt Resolution No. 2022-028, determining the necessity to incur bonde d indebtedness; 5) conduct a special election with the property owners; 6) adopt Resolution No. 2022-029, declaring results of the special election and directing recording of the special tax lien; and 7) approve the introd uction of Ordinance No. 2022-008, levying a special tax, to be read by number and title only, and waive further reading of the ordinance.

M _____ S _____ RC _____

NEW BUSINESS

13. Professional Services Agreement - Community Facilities District Project Management and Other Related Serv ices. Approve the Professional Services Agreement with DTA for Community Facilities District project management and other engineering related services.

Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.

RECOMMENDATION: Award a Professional Services Agreement to David Taussig and Associates, Newport Beach CA in the amount of $ 265,000 for the Community Facilities Dis trict Program Management and related services; and authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2), one -year contract extensions.

M _____ S _____ RC _____

14. Household Hazardous Waste Collection Program - San Bernardino County Fire Protection District. Approve an agreement with the San Bernardino C ounty Fire Protection District household hazardous waste services over a five-year period not to exceed $577,236.55 Staff Report by: Ruben Valdez, Environmental Coordinator.

RECOMMENDATION: Approve a five -year agreement with the San Bernardino County Fire Protection District household hazardous waste services in the amount of $106,741.73 for Fiscal Year 2022 -2023; and authorize the City Manage r to execute the necessary documents on behalf of the City.

M _____ S _____ RC _____

15. Approve a Construction Contract Change Order - Offsite Dual 6" Diameter Brine Line Discharge Line, Eastside Water Treatment Facility Expansion Project (WA19C) . Approve a construction contract change order in the amount of $377,682.67 to Norstar Plumbing and Engineering, Inc. for the Offsite Dual 6" Diameter Brine Disposal Pipeline for the Eastside Water Treatment Facility (WA19C) and approve an increase to the project contingency.

Staff Report by: Natalie Avila, Associate Engineer.

CHINO CITY COUNCIL
MAY 17, 2022 5

RECOMMENDATION: 1) Authorize an increase of $ 166,255.20 in construction contingency expenditures for a revised construction contingency amount of $666,255.20; 2) approve a construction contract change order to Norstar Plumbing and Engineering, Inc. in the amount of $377,682.67, for the Offsite Dual 6 " Diameter Brine Disposal Pipeline for the Eastside Water Treatment Facility (WA19C); and 3) authorize the City Manager to execute all nece ssary documents on behalf of the City.

M _____ S _____ RC _____

16. Amendment to Reimbursement Agreement and Awa rd a Construction Contract for the relocation of utilities in the Prado Dam Inundation Area . Approve Amendment No. 1 to the Reimbursement Agreement with the Orange County Flood Control District and award a contract to C.P. Construction Co., Inc., Upland, CA in the amount of $392,700 for Project No. 4215 - Watertight Sewer Manhole and Streetlight Connections Retrofit Project at Various Locat ions in the Prado Basin.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Approve Amendment No.1 to the Reimbursement Agreement with the Orange County Flood Control District for the relocations of utilities in the Prado Dam Inunda tion Area; 2) appropriate $544,108.00 from the reserves of the General Fund for the Watertight Sewer Manhole and Stree tlight Connections Retrofit Project, in which it will be offset by a reimbursement; 3) award a construction contract in the amount of $392 ,700.00 to C.P.

Construction Co., Inc. for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project; 4) authorize expenditures of up to $39,270.00 for construction management and inspection costs and $39,270.00 for construction co ntingencies; 5) authorize a vendor cap increase for Fiscal Year 2021-2022 by $431,970.00.00 for C.P. Construction Co., Inc. to equal a total not-to-exceed amount of $2,465,271.00; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

17. Award of Contract - MS202 and ST221 Chino Avenue and Norton Avenue A ccessibility Improvement Project. Award a contract to EBS General Engineering, Inc., Corona, CA in the amount of $446,249.00 for Project No. MS202 and ST221 – Chino Avenue and Norton Avenue Accessibility Improvement.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Approve a Transportation Fund (320) budget transfer of $175,000.00 from project ST173 to project MS202; 2) approve an increase of $175,000.00 to project MS202; 3) award a construction contract in the amount of $446,249. 00 to EBS General Engineering, Inc., Corona, CA, for Chino Avenue and Norton Avenue Accessibility Improvement Project MS202 and ST221; 4) a uthorize expenditures of up to $44,624.90 for construction management, $22,312.45 for inspection costs, and $44,624.90 for project contingencies; and 5) authorize the City Manager to execute the 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 presc heduled 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.

CHINO CITY COUNCIL
MAY 17, 2022 6

Mayor Ulloa
Mayor Pro Tem Lucio

18. Community Support Contribution . Approve community support fund contributions to: Chino Youth Boxing Foundation, UCHOOZ Positive Youth, American Little League of Chino, Chino Pop Warner Football, Chino Girls Fastpitch Softball, Chino High School Wrestling, and Rancho del Chino Rotary Club.

Report by: Mayor Pro Tem Lucio.

RECOMMENDATION: Approve community support fund contributions to: Chino Youth Boxing ($800), UCHOOZ Positive Youth ($500), American Litt le League of Chino ($500), Chino Pop Warner Football ($500), Chino Girls Fastpitch Softball ($500), Chino High School Wrestling ($500), and Rancho del Chino Rotary Club ($200).

M _____ S _____ RC _____
Council Member Comstock
Council Member Flores
Council Member Pocock

19. Community Support Contribution . Approve community support fund contributions to: Chino Police Officers Foundation, Chino Valley Fire Foundation, Inc., and Chino Youth Museum.

Report by: Council Member Pocock.

RECOMMENDATION: Approve community support fund contributions to: Chino Police Officers Foundation ($600); Chino Valley Fire Foundation, Inc. ($600); Chino Youth Museum ($700).

M _____ S _____ RC _____
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next meeting of the City Council will be the City Council Budget Workshop on Thursday, May 19, 2022 at 2 p.m. in these Council Chambers. The next Regular Meeting of the City Council will be held on Tuesday, June 7, 2022 a t 7:00 p.m. (C losed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Angela Robles, City Clerk of the City of Chino, here by declare that on Wednesday, May 11, 2022 this agenda was posted on the south window of Chino City Hall and this agen da together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

Angela Robles, City Clerk.

5.a
Proclamation - National Mental Health Awareness Month
Packet Pg. 7

5.a
National Public Works Week
Packet Pg. 8

5.a
Poppy Day Proclamation
Packet Pg. 9

5.a
Mayor's Home Beautification Award - May 2022
Packet Pg. 10

APRIL 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 17, 2022

1 Unemployment Rate March 2022 3.6%
New Business Licenses April 2022 76
Retail Vacancy April 2022 9.9%
Industrial Vacancy Q1, 2022 .1% =
Office Vacancy April 2022 1.2%

UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased for this month to 3.6% from February 2022 to March 2022. *EDD, www.labormarketinfo.edd.ca.gov

City Jan Mar
Chino Hills 3.5% 2.7%
Eastvale 3.8% 3.2%
Rancho 4.0% 3.2%
Chino 4.8% 3.6%
Montclair 4.9% 3.6%
Upland 4.7% 3.6%
US 4.0% 3.6%
Fontana 5.2% 4.0%
Ontario 5.4% 4.1%
SBCO 5.7% 4.3%
California 5.8% 4.9%

0.0%

5.0%

10.0%

15.0%

20.0%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment 2013 - March 2022
Percent Unemployed
Unemployment rates in Chino have
decreased from 4.8% to 3.6% from January
2022 to March 2022. *EDD,
www.labormarketinfo.edd.ca.gov

Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”

8.a
Economic Development Report May 2022
Packet Pg. 11

APRIL 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 17, 2022

2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between April 1 and April 30, 2022, the City processed 76 new business licenses. 19 of those businesses are in the City while 38 were located outside the City but providing services to City businesses and residents. * Munis Business License Report

RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for April 2022 is 9.9%, which is slightly lower than the previous month. The City has 13,600 square feet, of retail space currently under construction. *Progressive Real Estate Partners (PREP)/CoStar

0 20
40 60
80 100
Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 New Business Licenses

9.0%

9.5%

10.0%

10.5%
Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 Retail Vacancy Last 12 Months

8.a
Economic Development Report May 2022
Packet Pg. 12

APRIL 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 17, 2022

3 INDUSTRIAL VACANCY

OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 1.2% is slightly lower this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.14 per square foot, and consists of a total of 1.8 M square feet of office and corporate headquarters space.

There are no current office buildings under construction. *CoStar

$1.29 $1.26
$1.35 $1.38 $1.40

0.00% 0.10% 0.10% 0.30%

0.70%

3.70%

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
Eastvale Ontario Chino Inland Empire Fontana Rancho
Industrial Rate and Vacancy as of Q1 2022
Dollar
Rate
Vacancy
Percent

0.0%

1.0%

2.0%

3.0%

4.0%
Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 Office Vacancy Last 12 Months
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,347,880 square feet of industrial space under construction. Chino continues to have one of the lowest vacancy rates in the region at 0.1%. Vacancy rates for Q1 2022 remained the same in Chino since the prior
quarter. Of the cities noted, Chino garners a per square foot rate at $1.26. *Colliers Market Research

City Dollar
Rate
Vacancy
Percent
Eastvale $0.00 0.00%
Ontario $1.29 0.10%
Chino $1.26 0.10%
Inland Empire $1.35 0.30%
Fontana $1.38 0.70%
Rancho $1.40 3.70%

8.a
Economic Development Report May 2022
Packet Pg. 13

APRIL 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 17, 2022

4 RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 435 single family residences currently under construction, 335 multi-family units under construction, and 530 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
During 2021 the City of Chino added 25 ADU’s over the course of the year. In the first quarter of 2022 we have added two additional ADU’s. *Development Services Department

CITY UPDATES
For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/events.
• City meetings can be found at www.cityofchino.org/calendar.

8.a
Economic Development Report May 2022
Packet Pg. 14

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: ANTHONY ARROYO, INTERIM CITY MANAGER

SUBJECT: CITYWIDE LEGISLATIVE POLICY - TRACKED LEGISLATION.

RECOMMENDATION
Receive and file position letters on proposed legislation.

FISCAL IMPACT
There is no fiscal impact associated with this action.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

INFORMATION
Packet Pg. 15
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: CITYWIDE LEGISLATIVE POLICY - TRACKED LEGISLATION PAGE 2

BACKGROUND
On February 15, 2022, the Chino City Council adopted Resolution No. 2022 -013, approving Chino’s Ci tywide Legislative Policy (“Policy”). The Policy was created to supplement the Citywide Strategic Plan by narrowing the City’s focus on legislative matters that: Preserve Local Control, Protect or Expand Local Funding, and Enhance the Quality of Life. The City believes that incorporating these guiding principles in the City’s legislative analyses will help the City identify consequential pieces of legislation that either support or hinder our collective efforts to serve the Chino community.

ISSUES/ANALYSIS
Attached to this report are two identical letters signed by Mayor Ulloa on May 2, 2022 to the Honorable State Senator Connie Leyva and the Honorable State Assembly Member Freddie Rodriguez.

Per the Citywide policy, these letters are being submitted for the City Council and public’s review. Later in the Legislative Session, staff will bring back a “Legislative Scorecard,” detailing how Chino’s local representatives voted and their results.

Attachment: Letters Regarding California Senate Bill 1186

INFORMATION
Packet Pg. 16

8.a
Citywide Legislative Policy - Position Letters
Packet Pg. 17

8.a
Citywide Legislative Policy - Position Letters
Packet Pg. 18

8.b
Citywide Legislative Policy - Position Letters
Packet Pg. 19

8.b
Citywide Legislative Policy - Position Letters
Packet Pg. 20

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 759890 to 760082, and Electronic Fund Transfers 515080E to 515166E, totaling $5,423,705.94.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Financial Stability

11.1 CONSENT CALENDAR
Packet Pg. 21
COUNCIL MEETING DATE: MAY 17, 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. 759890 – 759995 4/14/22 21-22 $3,087,793.09

2. 759996 – 760082 4/21/22 21-22 $269,320.10

3. 515080E – 515137E 4/15/22 21-22 $1,878,522.58

4. 515138E 4/15/22 21-22 $31,120.00

5. 515139E – 515166E 4/22/22 21-22 $156,950.17

*Denotes handwritten warrant
E: Electronic Fund Transfers

TOTAL $5,423,705.94

ISSUES/ANALYSIS

See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm

Attachment: Exhibit 1

11.1 CONSENT CALENDAR
Packet Pg. 22
Council Meeting 5/17/22

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
759894 04/14/2022 AMERICAN BUSINESS BANK EASTSIDE WATER TREATMENT FACILITY (EWTF) ESCROW RETENTION
$57,977.58
759903 BOB WONDRIES MOTORS TWO 2022 FORD INTERCEPTORS FOR PD $96,615.36 759922 GENERAL PUMP COMPANY, INC. WELL 12 REHAB PROJECT $199,025.00 759933 JAMES MCMINN, INC. 3-SYSTEM STORM DRAIN PROJECT:

WALNUT/ROSS/MAGNOLIA
$204,804.32
759937 KLASSIC ENGINEERING & CONSTRUCTION AYALA N PARK. LOT IMPROVEMENTS $65,336.89 759949 NORSTAR PLUMBING & ENGINEERING, INC. EWTF BRINE LINE CONSTRUCTION $283,423.00 759956 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION CONSTRUCTION $1,101,574.12 759970 SEQUEL CONTRACTORS, INC. PIPELINE/GRAND PAVING & SIGNAL

MODIFICTIONS
$303,346.28
759978 SO CAL EDISON CO. ADVANCE ENGINEERING PAYMENT FOR PINE AVE. PROJECT
$60,000.00
759991 WASTE MANAGEMENT REFUSE COLLECTION $388,998.41 515093 04/15/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-APRIL $1,187,338.00 515095 CLS LANDSCAPE MANAGEMENT, INC. LANDSCAPE MAINTENANCE $60,264.18 515134 WATER FACILITIES AUTHORITY IMPORTED WATER $291,626.69

13 TOTAL $4,300,329.83

11.1.a
Warrants
Packet Pg. 23

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY MAY 3, 2022

CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

MINUTES

CALL TO ORDER
The May 3, 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:02 p.m. by Mayor Eunice Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Members Karen C.

Comstock, Christopher Flores, and Walt Pocock.

Absent: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8.

Property: 12931 Central Avenue (102004 -307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Anthony Arroyo, Interim City Manager Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Pa ragraph (4) of Subdivision (d) of Governmen t Code Section 54956.9.

Number of Cases: One Case.

The City Council recessed to Closed Session at 6:03 p.m. and concluded at 6:55 p.m. The City Council reconvened the meeting at 7:05 p.m.

FLAG SALUTE
Council Member Pocock led the assembly in reciting the Pledge of Allegiance.

11.2 CONSENT CALENDAR
Packet Pg. 24

CHINO CITY COUNCIL
MAY 3, 2022 2

CEREMONIALS
A moment of silence was held in memory of City of Chino employee Andrea Garcia.

RECESS
A recess commenced at 7: 10 p.m. for the presentation of a slide show in memory of Andre a Garcia. The meeting reconvened at 7:13 p.m.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH REAL PROPE RTY NEGOTIATOR . Pursuant to Government Code Section 54956.8.

Property: 12931 Central Avenue (102004 -307-0000); 12921 and 12923 C entral Avenue (102004-308-000)
Agency Negotiator: Anthony Arroyo, Interim City Manager Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition

The City Council received an update and no further reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation p ursuant to Pa ragraph (4) of Subdivi sion (d) of Government Code Section 54956.9.

Number of Cases: One Case.

Moved by Mayor Ulloa, seconded by Council Member Comstock, and carried on a 5-0-0 vote to direct the Ci ty Attorney to initiate legal action to challenge Monte Vista Water District’s adoption o f Mitigated Negative Declaration for Activation of Latent Sewer Collection Service Authority Project based on CEQA, duplication of services, and related issues.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

AGENDA ADDITIONS/REVISIONS
Interim City Manager Anthony Arroyo reported that there were no agenda additions or revisions.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events:
• Chino Bike Day on Saturday, May 14th from 7:30 a.m. to 11:00 a.m. at Ayala Park (Near the Chino Valley YMCA at 5575 Ediso n Avenue). All participants will be able to enjoy a bike safe ty workshop, bike obstacle courses, a co mmunity bike ride, as well as kids’ activities and crafts . For more information, residents were encouraged to contact the Carolyn Owens Community Center at 909-334-3258.
• Chino Valley Historical Society’s 95th Annu al Pioneer Picnic on Sunday, May 15th from 11 a.m. to 2 p.m. at the Chino Community Building located at 5443 B Street. The event

11.2 CONSENT CALENDAR
Packet Pg. 25

CHINO CITY COUNCIL
MAY 3, 2022 3

is a potluck and attendees were asked to bring their favorite en trees, side dish es, or desserts to share, along with their own plates and ute nsils. For more information, residents were encouraged to contact the Old Schoolhouse Museum at 909-334-3278 or email [email protected].

PUBLIC COMMENTS
Pastor Lon Wagner of CrossPoint Community Church provided the Invocation.

Linda Flathers , President of the Chino Valley Historical So ciety, shared an invitation to the upcoming Chino Valley Historical Society’s 95th Annu al Pi oneer Picnic on Sund ay, May 15, 2022.

Rick Nash, resident of Chino, expressed his appreciation to the City of Chino.

Mayor Ulloa invited a Cal Poly Pomona student to the lectern for an introduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget fo r warrants 759700 to 759889, and Electronic Fund Transfers 515007E to 515079E, totaling $4,544,957.43.

2. Minutes. Minutes of April 19, 20 22 Regular Meeting (Ull oa ab sent) (Pulled from th e Consent Calendar for separate action.)

3. Elected City Officials’ Re port Regarding Travel, Training, and Meetings . Receive and file the Elected Cit y Officials' Report reflecting City Council business related exp enses incurred by the City and forecast of future events and trainings.

4. Vendor Cap Increase and Amendment to Purchase Orders with M.K. Smith Chevrolet.

Approve a vendo r cap increase for M .K. Smith Ch evrolet, Chino, CA, in the amoun t of $52,645.00, for a revised FY21-22 vendor cap amo unt not-to-exceed $464,662.12 and approve amendment to five (5) purchase orders.

5. Adoption of Or dinance Nos. 2022-005 and 2022-006 pertaining to Development Impact Fees (Second Reading) . Adoption of Ordinance Nos. 2022 -005 and 2 022-006, amending the Chino Municipal Code, Chapters 3.40 and 3.45 Development Impact Fees and adjusting The Preserve Resources Management Plan Mitigation Fee.

ORDINANCE NO. 2022-005

AN ORDINANCE OF THE CITY C OUNCIL OF TH E CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF THE CH INO MUNICIPAL CODE RELATING

TO DEVELOPMENT IMPACT FEES FOR THE GENERAL CITY AND THE PRESERVE TO INCORPORATE UPDATES TO THE 2017 D EVELOPMENT IMPACT FEE NEXUS

AND CALCULATION REPORT AND MASTER FACILITIES PLAN, AND UPDATE THE

STANDARD PROCEDURES PERTAINING TO THE FEE CALCU LATIONS FOR ACCESSORY DWELLING UNITS.

ORDINANCE NO. 2022-006

AN O RDINANCE O F THE CI TY C OUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADJUSTING THE PRESERVE RESOURCES MANAGEMENT PLAN MITIGATION FEE.

6. Adoption of Ordinance No. 2022 -007, AB 481 - "Military Equipmen t" Funding, Acquisition, and Use Policy (Second Read ing). Ado pt Ordinance No. 2 022-007 on second reading, approving the Chino Polic e Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481.

11.2 CONSENT CALENDAR
Packet Pg. 26

CHINO CITY COUNCIL
MAY 3, 2022 4

ORDINANCE NO. 2022-007

AN ORD INANCE OF THE CITY CO UNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING THE CHINO PO LICE DEPARTMENT'S "MILITARY EQUI PMENT" USE POLICY PER THE REQUIREMENTS OF ASSEMBLY BILL 481.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5-0-0 vote to approve Consent Calendar items 1 , 3 through 6, as presented.

Item 2 was pulled for a separate motion.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

2. Minutes. Minutes of April 19, 2022 Regular Meeting (Ulloa absent) Moved by Council Member Comst ock, seconded by Mayor Pr o Tem Lucio , and carried on a 4-0-1 vote to app rove the minutes of the April 19, 2022 regular meeting as presented.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK.

NOES: NONE.

ABSTAIN: ULLOA.

NEW BUSINESS

7. Cooperative Agreement for East En d Avenue Rehabilitation. Consider establ ishing Capital Im provement Pr oject R7221 and approve a Cooperative Agreement with the County of San Bernardino County for the East End Avenue Rehabilitation Project.

Maria Fraser, CIP Engineering Manager, provided a presentation on the item.

The City Council asked clarifying questions regarding the item.

Ms. Fraser explained that the p roject area does not req uire additional accessibility improvements.

Moved by Council Member Flores, seconded by Mayor Pro Lucio, and carried on a 5-0-0 vote to 1) establish a Rei mbursement Projec t No. R7221; 2) appropriate $539,000.00 from the Measure I Fund (322) with a corresponding increase in the same amount to Project No . R7221 - East End Aven ue Rehabilitation Project; 3) approve a Cooperative Agreement with the County of San Bernardino for the East End Avenue Rehabilitation Project; 4) authorize a reimbursement in the amount of $235,000.00 to the County of San Bernardino; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

11.2 CONSENT CALENDAR
Packet Pg. 27

CHINO CITY COUNCIL
MAY 3, 2022 5

8. Appropriation of Funds: MS181 - FY2021-22 Local Street Overlay - Tronkeel-16th, 17th, 18th. Appropriation of fund s to Project No. MS181 and appr ove Change Order No. 1 to Contract No. 2022-259 with PALP dba Excel Paving to include an additive alt ernate bid item.

Staff Report by: Maria Fraser, CIP Engineering Manager.

Moved by Council Member Flores, seconded by Mayor Pro Lucio, and carried on a 5-0-0 vote to 1) appropriate $134,750.00 from th e Measure I Fund (322) with a corresponding increase to Project No. MS181, for a revised project budget of $1,787,576.52; 2) approv e Contract Change Or der No. 1 to Contract No. 2022-259 with PALP dba Excel Pavin g to include a n additive alternate bid item; and 3 ) authorize the Interim City Manager to execute the necessary documents on behalf of the City.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on her recovery from hip replacement surgery one week ago, and thanked the community for the flowers, cards, meals, stuffed animals, and well wishes she received.

Mayor Pro Tem Lucio
Mayor Pro Tem Lu cio requested an update regarding the damaged traffic light sensors at the intersection of Spectrum West/East and Rincon Meadows/Kimball. Interim City Manager Arroyo noted the damaged traffic signal sensors will be addressed as soon as possible.

Mayor Pro Tem Lu cio reported on meetings and even ts attended since the last meeting that included the quarterly Fire Board meeting; City Manager se arch Ad Hoc Committee; San Bernardino County Airports meeting; Corporate Challenge Opening Ceremonies; Kiwanis Cor n Feed Run; meeting with Interim City Manager ; meeting regarding Chino Ai rport; Investment Committee meeting; Chino Hills Girl Scout troop meeting; meeting with Sonija Shaw candidate for the Chino Valley Unified S chool District Board; and meeting with St. Margaret Mary Church regarding community involvement.

Mayor Pro Tem Lucio expressed condolences to the family of Andrea Garcia, congratulated his daughter on her college graduation, and wished all mothers a Happy Mother’s Day.

Council Member Comstock
Council Member Comstock reported on meetings and even ts attended since the last meeting that include d the Airports Commission meeting; Kiwan is Corn Feed Run; Chino Airport discussion; meeting with representatives from TNT fireworks; Budge t Co mmittee meeting; YMCA Board meeting; meeting with Interim City Manager; and meeting with St. Margaret Mary Church representatives regarding community involvement.

Council Member Com stock e xpressed condolences t o the family of Andrea Garcia , wished Mayor Ulloa a speedy recovery, and wished all mothers a Happy Mother’s Day.

11.2 CONSENT CALENDAR
Packet Pg. 28

CHINO CITY COUNCIL
MAY 3, 2022 6

Council Member Flores.

9. Community Support Contributions. Approve a community support fund contribution in the amount of $250 to Rancho Del Chino Rotary Club.

Staff Report by: Council Member Flores.

Moved by Mayor Pro Tem Lucio , secon ded b y Council Memb er Comstock , and carried on a 5-0-0 vote to approve co mmunity supp ort f und contribution to Rancho Del Chino Rotary Club in the amount of $250.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

Council Member Flores reported on meetings and even ts attended since the last meeting that included the Mayor’s Prayer Breakfast; Kiwanis Corn Fee d Run; Investment Comm ittee meeting; Golden Bear Towing meet and greet. He w ished all the mother s a Happy Mot her’s Day.

Council Member Pocock.

Council Member Pocock reported on meetings and events attended since the last meeting that included a tour of the Finance Department; Kiwanis Cor n Feed Run; meeting with Chino Valley Unified School District candidate Jon Monroe; and Rancho Del Chino Rotary bingo.

Council Member Pocock e xpressed condolences to th e family of Andrea Garcia , wished all mothers a Happy Mother’s Day, and invited everyone to the National Day of Prayer taking place on May 5 at Noon on the City Hall lawn. He also welcomed back the Mayor.

City Manager's Report.

Interim City Manager Anthony Arroyo had no report.

City Attorney's Report.

City Attorney Galan te complimented the Kiwanis Corn Fee d Run event he a ttended and reported about a recent Supreme Court opinion on Shurtleff v. City of Boston.

Police Chief's Report.

Chief Wes Simmons reported on a DUI Checkpoint taking place on Friday, May 6 , 2022. Also, he shared that the Inland Hills Church is hosting a panel discussion regarding mental illness on May 17th at 6:30 p.m. Chief Simmons invited the Council and community to attend a Walk of Honor retirement ceremony for Sergeant Kendall McIver on Thursday, May 5th after 34 years of service.

Chief Simmons an nounced the Chino Police Department 2021 Annual Report is now available on the City of Chino Police Department website https://www.cityofchino.org/231/Police.

Fire Chief's Report.

Chief Dave Williams provided an update on recruitments , ambulance agreement services, and reported one apparatus is out helping with a large fire in New Mexico. He noted he will provide a presentation in the near future to the City Council regarding emergency communication services and thanked the City Council for the donation to the Rancho Del Chino Rotary Club.

11.2 CONSENT CALENDAR
Packet Pg. 29

CHINO CITY COUNCIL
MAY 3, 2022 7

ADJOURNED IN MEMORY OF ANDREA GARCIA

The meeting adjourned at 8:02 p.m. The next meeting of the City Council will be a Civic Center master Plan updat e workshop on Tuesday, May 10 th at 4:30 p.m. in these Council Chambers.

The next Regular Meeting of the City Council will be held on Tuesday, May 17, 2 022, at 7 :00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 17TH DAY OF MAY 2022.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK

**************************************************
(These minutes are not official until signed.)

11.2 CONSENT CALENDAR
Packet Pg. 30

Revenue: Expenditure: 1002000-43320

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ANGELA ROBLES, CITY CLERK

SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Public Service Excellence through Internal and External Partnerships

11.3 CONSENT CALENDAR
Packet Pg. 31
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

11.3 CONSENT CALENDAR
Packet Pg. 32
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS

MAY 17, 2022 EXHIBIT A

Event Date Meeting Purpose and Subject Matter City Official Attendees

None

Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location

City Officials that may
attend
June 23-25,
2022
National Association of Latino
Elected and Appointed Officials
Annual Conference
Chicago, IL Mayor Pro Tem Lucio

11.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 33

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: ANTHONY ARROYO, INTERIM CITY MANAGER

SUBJECT: CITY COUNCIL MEETING CANCELLATIONS FOR AUGUST 2022.

RECOMMENDATION
Authorize staff to cancel the August 2nd and August 16th City Council regular meetings.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Positive City Image
• Public Service Excellence through Internal and External Partnerships

11.4 CONSENT CALENDAR
Packet Pg. 34
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: CITY COUNCIL MEETING CANCELLATIONS FOR AUGUST 2022 PAGE 2

BACKGROUND
From time to time, the City Council has voted to cancel regular ly scheduled meetings if they conflict with events of Citywide interest.

With this in mind, “National Night Out” will be held on the first Tuesday in August which conflicts with Chino’s regularly scheduled City Council meeting. “National Night Out” is a nationwide event to promote and improve partnerships between police departments and the communities they serve. The Chino Police Depar tment not only aims to bring the community together but to make Chino a safer and wonderful place to live and work. The City Council has continued to express interest in attending the many “National Night Out” events that occur in the City.

ISSUES/ANALYSIS
Given “National Night Out’s” importance to our community (as well as other communities) , it is recommended that the City Council authorize staff to cancel the August 2nd regular City Council meeting to offer Council Members an opportunity to engage wit h members of the community during “National Night Out.”
Lastly, while separate from “events of Citywide interest, ” it has become apparent that as Labor Day approaches, there may be various scheduling conflicts with the second regular City Council meeting in August. Given these conflicts, staff also recommends that the City Council cancel the August 16th regular City Council meeting.

Should the City Council approve these cancellations, the next regular meeting of the City Council would be held on Tuesday, September 6th at 7:00 p.m. with Closed Session at 6 p.m. if necessary.

11.4 CONSENT CALENDAR
Packet Pg. 35

Revenue: Expenditure: 10020403-40010-C2012

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER

SUBJECT: VENDOR CAP INCREASE AND AGENDA AND MEETING MANAG EMENT SYSTEM TRANSFER.

RECOMMENDATION
1) Establish a project budget titled Agenda and Meeting Management System with project #C2012; 2) appropriate $35,852.50 from the unappropriated reserves of the General Fund with a year -end backfill from the Public E ducation Government Fund (PEG) 345; 3) approve a $35,852.50 vendor cap increase with Granicus, Inc. and; 4) authorize the City Manager or their designee to execute all necessary documents on behalf of the City.

FISCAL IMPACT
This request would require an appropriation of $35,852.50 from the unappropriated reserves of the General Fund with a year-end backfill from the Public Education Government (PEG) Fund.

There are sufficient fund balances for this request.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Effective Technology

11.5 CONSENT CALENDAR
Packet Pg. 36
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: VENDOR CAP INCREASE AND AGENDA AND MEETING MANAGEMENT

SYSTEM TRANSFER
PAGE 2

BACKGROUND
The City of Chino transitioned to a paperless agenda and staff report preparation process in 2015 when the City acquired Accela’s IQM2 Agenda and Meeting Manageme nt software commonly known as MinuteTraq. Given the continuous cycle of writing, reviewing, and publishing agendas/staff reports, MinuteTraq has become a ubiquitous component of internal Citywide operations. Moreover, MinuteTraq is also the system that pro vides Chino 3’s live 24/7 online stream while maintaining all agendas, minutes, staff reports, videos, and City Council vote records in a public repository.

ISSUES/ANALYSIS
While MinuteTraq has improved Citywide operations by moving the City away from a manual agenda/staff report process, the system has more recently displayed configuration errors with the City’s newer versions of Microsoft Windows. With Granicus’ acquisition of MinuteTraq from Accela in 2018, City staff contacted Granicus to identify alternative programs. It should be noted that Granicus is a major provider of agenda/meeting management systems, and they are currently utilized by over 2,500 public agencies for this type of service alone.

Given the City’s agenda management needs, staff fo cused on the Granicus product, Legistar.

Legistar is software based, it is utilized by many public agencies, and will better accommodate the volume of materials staff needs to create their staff reports (i.e., large plans, contracts, or other related docum ents). Legistar will also allow the City Clerk to bookmark City Council meeting videos in real time. This will allow members of the public to immediately access certain points in a City Council meeting video once published to the City’s website. Likewise, the City Clerk will also be able to craft meeting minutes and log votes during a live meeting. Since this is a transition to a different product owned by the same contracted company, a non -competitive justification form was executed for this purchase (Atta ched as Exhibit B). In short, by staying with Grancius and transferring to a different Granicus agenda/meeting management suite, the City will be able to leverage the following:
· Maintain access to MinuteTraq products while the City moves to Legistar with out any additional MinuteTraq invoices billed to the City. This means the City will have access to two software programs at the price of one to ensure that operations (i.e., publishing agendas) are not disrupted during the transition. · Granicus will hono r the City’s current price for MinuteTraq so the City will not realize any inflationary costs for Fiscal Year 2022-2023. · At a fee (which is Public Education Government (PEG) fund eligible) Granicus will migrate all agendas, minutes, and videos created in MinuteTraq to Legistar, saving staff time to transfer years’ worth of data to Legistar.

The upfront cost to transition to Legistar is $35,852.50. This includes training costs, software configurations, equipment deliveries, and data migration. The City At torney’s Office reviewed the details to the upfront costs (see Exhibit A) and believes there is a reasonable nexus between these upfront services/equipment and the Public Education Government (PEG) funds’ regulated use. Therefore, it is recommended that PEG be used to pay for the upfront costs. This means there will be no General Fund impact. Since the City has an existing vendor cap with Granicus, the proposed purchase will place the vendor over $50,000 which necessitates the City Council’s approval.

11.5 CONSENT CALENDAR
Packet Pg. 37
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: VENDOR CAP INCREASE AND AGENDA AND MEETING MANAGEMENT

SYSTEM TRANSFER
PAGE 3

Attachments: Exhibit A
Exhibit B

11.5 CONSENT CALENDAR
Packet Pg. 38
408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Granicus Proposal for Chino, CA

ORDER DETAILS
Prepared By: Erin Pardue
Phone: 1.909.641.5949
Email: [email protected]
Order #: Q-160569
Prepared On: 04/21/2022
Expires On: 12/11/2021
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: The Agreement will begin on date of signature and will continue through the end of the then current billing term, and will continue for an additional 36 months thereafter.

ORDER TERMS
Current Billing Term
End Date: 07/01/2022

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 39
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
IQM2 - Civic Streaming 0 Each $12,261.88
IQM2 - Digital Boardroom 0 Each $8,294.80
IQM2 - Agenda & Minutes 0 Each $21,638.61
SUBTOTAL: $42,195.29
Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions.

Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed.

Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s).

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 40
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Legistar - Setup & Configuration Upon Delivery 1 Each $13,500.00 Legistar Administration Group Training Upon Delivery 2 Hours $450.00 Government Transparency - Setup &
Configuration Up Front 1 Each $0.00
Granicus Encoding Appliance
Hardware - SDI (AMAX) (GT) Upon Delivery 1 Each $3,500.00 Granicus Video - Online Training Upon Delivery 6 Hours $0.00 Meeting Efficiency - Setup &
Configuration (Standard) Up Front 1 Each $900.00
Minutes - Online Training Upon Delivery 2 Hours $450.00 VoteCast Tablet (ME) - Setup and
Configuration Up Front 4 Hours $0.00
VoteCast - Onsite Training Upon Delivery 1 Days $2,500.00 VoteCast Display CPU (Dell) (ME) Upon Delivery 1 Each $980.00 US Shipping Charge B - Medium Item Upon Delivery 1 Each $60.00 iLegislate Voting - Setup and
Configuration Up Front 1 Hours $0.00
Open Platform - Setup and
Configuration Up Front 1 Hours $0.00
Send Agenda (Legistar) Set up and
Config Up Front 1 Each $0.00
Open Platform - Setup and
Configuration Up Front 1 Hours $0.00
Granicus Encoding Appliance
Hardware - Setup & Config Upon Delivery 1 Each $875.00
US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00 VoteCast Display - Setup and
Configuration Up Front 4 Hours $900.00
US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00 govDelivery for Integrations Set Up and
Config Up Front 1 Each $0.00
Legistar - Add On - Custom Legistar
Report Upon Delivery 10 Hours $0.00
Legistar - Laserfiche Connector - Setup Upon Delivery 1 Each $0.00 Legistar - Online Training Upon Delivery 15.5 Hours $3,487.50

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 41
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Data Migration - Legistar Upon Delivery 40 Hours $8,000.00 SUBTOTAL: $35,852.50
New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Legistar Annual 1 Each $21,639.02
Government Transparency Suite Annual 1 Each $7,044.15
Meeting Efficiency Suite Annual 1 Each $7,512.12
VoteCast Standard Package (Tablet)
(ME) Annual 1 Each $4,800.00
Open Platform Suite Annual 1 Each $0.00
Send Agenda (Legistar) Annual 1 Each $0.00
Open Platform Suite Annual 1 Each $0.00
govDelivery for Integrations Annual 1 Each $0.00
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,200.00
Legistar Add-On - Laserfiche Integration Annual 1 Each $0.00 SUBTOTAL: $42,195.29
Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term.

Exceptions include Recurring Captioning Services, SMS, and Targeted Messages.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 42
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

FUTURE YEAR PRICING
Period of Performance
Solution(s)
Year 2 Year 3 Year 4
Legistar $21,639.02 $22,720.97 $23,857.02
Government Transparency Suite $7,044.15 $7,396.36 $7,766.18 Meeting Efficiency Suite $7,512.12 $7,887.73 $8,282.11
VoteCast Standard Package (Tablet)
(ME) $4,800.00 $5,040.00 $5,292.00
Open Platform Suite $0.00 $0.00 $0.00
Send Agenda (Legistar) $0.00 $0.00 $0.00
Open Platform Suite $0.00 $0.00 $0.00
govDelivery for Integrations $0.00 $0.00 $0.00
Granicus Encoding Appliance
Software (GT) $1,200.00 $1,260.00 $1,323.00
Legistar Add-On - Laserfiche
Integration $0.00 $0.00 $0.00
SUBTOTAL: $42,195.29 $44,305.06 $46,520.31

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 43
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

PRODUCT DESCRIPTIONS
Solution Description
Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Unlimited data storage and retention
• Up to one (1) Legistar database
• Up to one (1) InSite web portal
Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events.

Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can be purchased if needed)

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 44
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Solution Description
VoteCast Standard Package
(Tablet) (ME)
VoteCast is a hybrid Software-as-a-Service (SaaS) and Hardware-as-a- Service (HaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display – improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Access to one Granicus platform site
• Access to the VoteCast software application for elected officials • Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

Send Agenda (Legistar) Send Agenda is dependent on an active subscription to the relevant govMeetings agenda.

Legistar - Setup & Configuration Setup and Configuration for Legistar includes:
• Access to an implementation consultant until project acceptance • Access to existing Web-based recorded trainings around standard account functions and capabilities
• Up to five (5) two-hour needs analysis calls with a business analyst • Up to one (1) Standard Agenda and Minutes report template • Configuration of up to one (1) meeting body or type
Legistar Administration Group
Training
Legistar Admin - Online Training is for online training for Legistar Administration, which allows clients to have online sessions with a Granicus trainer to learn how to use the system.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 45
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Solution Description
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

Government Transparency -
Setup & Configuration
Setup and Configuration for Government Transparency Suite includes implementation of:
• Up to one (1) View Page and Player template
• Up to one (1) Live Manager configuration
Granicus Encoding Appliance
Hardware - SDI (AMAX) (GT)
AMAX Encoder with Osprey SDI Card. Used to pass commands and data from LiveManager that include Start/Stop of webcast, indexing, and document display. Also serves to distribute video and captions to be distributed to the CDN or Performance Accelerator.

Granicus Video - Online Training Granicus Video - Online Training Meeting Efficiency - Setup &
Configuration (Standard)
Setup and Configuration for Meeting Efficiency Suite includes implementation of:
• Up to one (1) client Installation of Minutes Maker (compatible client hardware required for software)
• Up to one (1) Minutes report
Minutes - Online Training online training for Minutes, which allows clients to have online sessions with a Granicus trainer to show clerks how to take minutes during a meeting and how to edit and publish them after a meeting.

VoteCast Tablet (ME) - Setup
and Configuration
Implementation includes:
• Access to an implementation consultant until project acceptance • VoteCast installation on one of the following hardware setups: Dell CPU and ELO Touchscreens, Microsoft Surface tablets, or iLegislate- enabled devices
• Access to video-based trainings around standard account functions and capabilities

The implementation process takes four to six weeks, on average, depending on the availability of stakeholders.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 46
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Solution Description
VoteCast - Onsite Training Onsite training session with a Granicus professional services trainer.

The client agrees to pay travel expenses for Granicus employees (including but not limited to airfare, lodging and meals) not to exceed an additional two thousand dollars ($2,000.00) per trip and per solution.

VoteCast Display CPU (Dell)
(ME)
Dell CPU hardware for VoteCast Display that outputs meeting information like current agenda item or vote results to displays in the meeting room such as TVs or projectors.

US Shipping Charge B - Medium
Item
US shipping of a medium item
iLegislate Voting - Setup and
Configuration
Setup and configuration of iLegislate Voting
Open Platform - Setup and
Configuration
Setup and configuration for Open Platform
govDelivery for Integrations Send notification bulletins directly to constituents who subscribe to receive updates directly through Granicus (powered by govDelivery). Recieve a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network.

Note: govDelivery intergrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions.

Open Platform - Setup and
Configuration
Setup and configuration for Open Platform
Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Granicus Encoding Appliance
Hardware - Setup & Config
Remote configuration and deployment of an encoding appliance.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 47
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Solution Description
US Shipping Charge C - Large
Item
US shipping of a large item
VoteCast Display - Setup and
Configuration
Implementation includes:
• Access to an implementation consultant until project acceptance • Design service for VoteCast Display template updates
• Access to video-based trainings around standard account functions and capabilities

The implementation process takes four to six weeks, on average, depending on the availability of stakeholders.

US Shipping Charge C - Large
Item
US shipping of a large item
Legistar - Add On - Custom
Legistar Report
Setup and configuration of custom Legistar Report
Legistar Add-On - Laserfiche
Integration
Legistar Add-On - Laserfiche Integration is for the Legistar\Laserfiche integration that allows for documents to be imported from Laserfiche to Legistar and for Legistar to export reports\attachments to Laserfiche Legistar - Online Training Legistar - Online Training is for online training for Legistar, which allows clients to have online sessions with a Granicus trainer to learn how to use the system.

Data Migration - Legistar Data Migration into Legistar

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
• Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 48
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).
• Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination.

UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY):
• Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
• Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 49
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

TERMS & CONDITIONS
• Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Chino, CA to provide applicable exemption certificate(s). • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-160569 dated 04-21-2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. • Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials.

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 50
Order Form
Chino, CA
Order #: Q-160569
Prepared: 04/21/2022

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-160569 dated 04/21/2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Chino, CA
Signature:

Name:

Title:

Date:

11.5.a
Agenda and Meeting Management System Transfer
Packet Pg. 51

11.5.b
Agenda and Meeting Management System Transfer
Packet Pg. 52

11.5.b
Agenda and Meeting Management System Transfer
Packet Pg. 53

Revenue: Expenditure: 1009020 43630 N9003

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: ECONOMIC DEVELOPMENT ADDITIONAL APPROPRIATION.

RECOMMENDATION
Approve an additional appropriation of $1,050,000 from the unappropriated reserves of the General Fund for Economic Development's revenue sharing agreement.

FISCAL IMPACT
Requires an additional appropriation from the unappropriated reserves of the General F und.

This expenditure is fully offset by increased sales tax received. There is a sufficient fund balance for this transaction.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Financial Stability

11.6 CONSENT CALENDAR
Packet Pg. 54
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: ECONOMIC DEVELOPMENT ADDITIONAL APPROPRIATION PAGE 2

BACKGROUND
In December 2019, the City amended its re venue sharing agreement with Fisher Scientific Company, LLC (Fisher Scientific) to provide for their continued presence in the City of Chino.

The amendment extended the existing agreement until December 31, 2040 , and as a reminder, provided below are the current terms to the agreement:
• Fisher Scientific will submit evidence that they have entered into a lease of the premises located at 6722 Bickmore Avenue for a term that runs until at least September 30, 2025.

Upon completion of the existing lease, Fisher Scientific will provide City of proof of lease renewal for another term.
• Base amount to be $75,000.
• Sales tax sharing of 50% / 50% after a base amount of $75,000 is reached.

ISSUES/ANALYSIS
Over the course of the last three (3) calendar quarters, sales tax received from Fisher Scientific have increased substantially beyond recent historical results. Therefore, staff is requesting an additional appropriation of $1,050,000 for Fiscal Year 2021-22. The cost of this increase is fully offset by additional sales tax received during this fiscal year.

RB:hm

11.6 CONSENT CALENDAR
Packet Pg. 55

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT.

RECOMMENDATION
Receive and file the City of Chino’s Annual Comprehensive Financial Report for Fiscal Year 2020-21.

FISCAL IMPACT
No impact to the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Financial Stability
· Responsible Long-Range Planning
· Exemplary Leadership

11.7 CONSENT CALENDAR
Packet Pg. 56
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT
PAGE 2

BACKGROUND
The Annual Comprehensive Financial Report (ACFR) of the City of Chino, California, for the period ending June 30, 2021, has been prepared by the Finance Department and is now available for review. The report was prepared in accordance with the guidelines set forth by the Governmental Accounting Standards Board (GASB). CliftonLarsonAllen, LLP conducted the City’s independent audit in accordance with generally accepted auditing standards. This year’s financial report received an unmodified, or “clean,” opinion.

ISSUES/ANALYSIS
The City’s ACFR presents the overall financial position of the City. This enables readers of the financial statements to evaluate the overall financial progress of the City and the costs of the service levels pro vided to its citizens. The City’s overall financial position includes not only revenues and expenditures, but also Capital Assets (such as land, buildings, and infrastructure), as well as outstanding liabilities (such as Long -Term Debt). Additionally, the City’s financial statements include financial information relating to agreements between the City and third -party entities for services such as quality potable water, sewage treatment, Workers’ Compensation, and General Liability coverage.

The original ado pted budget identified a General Fund operating gain of $5.1 million for the year. In addition, the City identified net one -time capital expenditures of $3.8 million, with $1.6 million in continuing appropriations, resulting in ending General Fund reserves of $62 million.

For Fiscal Year 2020 -21, the net change in reserves for the General Fund was an increase of $2.6 million. However, under the City full accrual accounting, the City reduced the beginning Fund Balance by $2.6 million, and increased Transfers In by the same amount due to the restatement of a housing asset. If this restatement is adjusted out, the General Fund had a gain of $13,582 for an ending fund balance of $60.1 million.

An analysis of revenues for the fiscal year shows that the largest c hange from the final adopted budget ($7.9 million) was the increase in sales and use taxes received. The majority of this increase was from several one-time payments received during the fiscal year. Property tax was $825,000 above the adopted budget, while other revenue was $2.2 million under budget due to the City’s Expenditure Savings Contingency budget methodology.

On the expenditure side, all departments closely monitored their spending which resulted in total General Fund expenditures being under budget by $5.9 million from the final adopted budget for department expenditures and another $3.6 million for transfers out. Therefore, the Fiscal Year Ending General Fund reserves are now $60.1 million for Fiscal Year 2020-21.

The City of Chino has again ap plied for the Government Finance Officers Association (GFOA) of the United States and Canada, and the California Society of Municipal Finance Officers (CSMFO) Awards for “Outstanding Financial Reporting.” These Certificates of Achievement are the highest form of recognition for excellence in state and local government financial reporting.

To be awarded a Certificate of Achievement, the government unit must publish a readable, efficient, and organized Annual Comprehensive Financial Report; the contents of which conform to specific standards of the certificate program.

11.7 CONSENT CALENDAR
Packet Pg. 57
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT
PAGE 3

A copy of the Fiscal Year 2020-21 ACFR is available in the Finance Department as well as the City of Chino website at:
https://www.cityofchino.org/223/Financial-reports

RB:hm

11.7 CONSENT CALENDAR
Packet Pg. 58

Revenue: 12040002-51539 Expenditure: 12040002-43050 /48090/48040

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE.

RECOMMENDATION
1) Appropriate $51,456.89 from the Asset Forfeiture / Department of Justice Fund to purchase a marking laser, desktop scanners, Automated License Plate Reader cameras, and a portable observation device; 2) increase the Asset Forfeiture revenue by $51,456.89; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
These purchases will require an appropriation of $51,456.89 from the unappropriated reserves of the Federal Asset Forfeiture / Department of Justice Fund and increase the revenue of the fund by the corresponding amount.

Description Total Amount
Marking Laser Device (1) $ 11,411.28
Desktop Scanners (18) $ 10,280.00
POD (1) $ 9,844.86
ALPR Cameras (4) $ 19,920.75
Grand Total $ 51,456.89
There are sufficient funds for this appropriation.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Effective Technology

11.8 CONSENT CALENDAR
Packet Pg. 59
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE PAGE 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a f ederal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture are returned to the City. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the appropriated resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department (e.g., decreasing the department budget and replacing those funds with federal asset forfeiture funding).

ISSUES/ANALYSIS
Appropriations of asset forfeiture funds will allow for the funding of the following items:

Marking Laser Device
The Chino Police Department is responsible for issuing, maintaining, and tracking all City owned equipment. The purchase of this marking laser would allow staff to permanently etch a barcode on to various equipment allowing for a more effective inventorying and tracking process.

Staff sought quotes for marking laser devices that are “open systems ,” which allow items of various sizes to be placed underneath the lase r for marking. The following quotes were received:
• Boss FM-D (Desktop) - 20 Watt Fiber Laser from Boss Laser for $11,411.28 (with sales tax and freight cost)
• Tykma QUBE20 - 20 Watt Fiber Laser from TYKMA Electrox for $21,501 (without sales tax and freight cost)
• TroTec SpeedMarker 20 - 20Watt Fiber Laser for $26,400 (without sales tax and freight cost)
Based on these quotes, staff recommends that City Council approve the use of Asset Forfeiture funds to purchase one Boss FM -D (Desktop) 20-Watt Fiber Laser from Boss Laser for $11,411.28, which was the lowest responsible quote.

Desktop Scanners
The Chino Police Department currently utilizes desktop scanners that were purchased in 2012 and refurbished in 2018. The desktop scanners are used hundreds of times a day by our staff to digitize a variety of police department records.

There are currently 20 desktop scanners deployed in the Professional Services Bureau (Records - 16; Evidence - 2; Traffic Unit - 1; CIB - 1). In 2021, two scanners (Records Unit) stopped working and were replaced with new scanners. The remaining 18 scanners are currently operable, but frequently jam and/or produce documents of poor quality which is causing delays in pr oduction and lost efficiency. The estimated price of a desktop scanne r is $530 each for a total estimated cost of $10,280 with tax and shipping.

11.8 CONSENT CALENDAR
Packet Pg. 60
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE PAGE 3

Staff recommends to City Council to approve the use of Asset Forfeiture funds to purchase eighteen (18) desktop scanners in the amount of $10,280.

Portable Observation Devices

The Chino Police Department currently utilizes nine (9) portable observation devices (PODs) which are self -contained, quick deployment CCTV cameras, each of which consist of several PTZ (Pan Tilt Zoom) cameras. To disrupt crime, these portable cameras are temporarily placed in public areas throughout the City where infrastructure for hardwired equipment does not currently exist.

Of the nine POD units in service, three (3) have aging technology with poor quality cameras and less features compared to newer units. Staff recommends replacing and upgrading one of the units this year with the other two being replaced in subsequent years. Staff has negotiated with Security Lines US a trade-in value for the older unit, which will be applied to the purchase of the replacement POD system. The total discounted price for this new unit is $9,844.86 (with taxes and shipping).

Staff recommends to City Council to approve the use of Asset Forfeiture funds to purchase one POD from Security Lines US for $9,844.86.

Automated License Plate Reader (ALPR) Cameras

The Chino Police Department has one (1) Vigilant/Motorola Generation One L5Q quick deploy Automated License Plate Reader (ALPR) camera system. This system is self-sufficient and can be easily moved to different public areas to assist with disrupting crime through data capture and wanted vehicle alerts. This tool has been so effective that staff recommends expanding this program with the purchase of four (4) additional quick deploy camera systems.

Vigilant recently rel eased a newer model L6Q camera upgraded with a more user -friendly operating system . These ALPR camera systems allow for the use of this cutting -edge technology where city infrastructure is not installed for traditional wired camera use.

Additionally, the ease of movement of these cameras greatly helps with quick reaction to crime trends or hot spots in the city. To complement our current 86 fixed Vigilant ALPR cameras in the city, s taff negotiated a discounted price of $19,920.75 (with tax and shipping) with Vigilant Solutions to purchase the additional units.

Staff recommends that City Council approve the use of Asset Forfeiture funds to purchase four (4) Vigilant L6Q Quick Deployment License Plate Reader Cameras in the amount of $19,920.75 and increase t he vendor cap by $19,920.75 to equal a total not -to-exceed amount of $52,728.24.

Attachments:
1 - Quotes for Marking Lasers
2 - Quotes for desktop scanners
3 - Quote for one (1) POD
4 - Quote for (4) Vigilant L6Q Quick Deployment License Plate Reader Cameras 5 - Vigilant Sole Source Justification Form

11.8 CONSENT CALENDAR
Packet Pg. 61
608 Trestle Point
Sanford, Florida 32771
United States
Phone: 888-652-1555
Fax: 407-878-0837
Company Name
Contact:

Frank Acuna
Phone#:

Email:[email protected] /
Quote
Quote#: Q-32092
Issued: 2022-02-24
Expires:

For questions about this Quote please
contact: Frank Cook
Email:[email protected]

Billing Address Shipping Address
Frank Acuna
5450 Guardian Way
Chino, CA 91710
Frank Acuna
5450 Guardian Way
Chino, CA 91710
Part Number Item Name Item Description Quantity List Price Total 100013 BOSS FM-D (Desktop) Designed and engineered by BOSS for mobility the FM-D offers a 20 to 50 watt galvanometer
fiber laser to quickly and permanently mark or
etch firearms, tools, metal parts, jewelry, bar
codes, serial numbers, even industrial polymers.
1 $8,997 $8,997
200010 Fiber Source, 20W, Grey, R Series 1 $0 $0
300012 Lens, FM (160mm) 110 x 110 Field Size

4.33" X 4.33" - Standard
1 $0 $0
300017 Glasses, YHP Fiber Optic FIBER & CO2 LASER SAFETY GLASSES - One (1) Pair Included
1 $0 $0
400035 Purex FumeBuster 1 $1,097 $1,097
400066 Purex FumeBuster Attachment -
Arm & Cowl
1 $0 $0
400045 Rotary, Chuck FM (80mm) Free rotary chuck normally $797.00 1 $0 $0 Included 2 Year Warranty (BL-009) 1 $0 $0
LTL Freight Insurance (BL-002) $ 35.00 of Freight Insurance added to overall shipping cost.
1 $0 $0
Subtotal $10,094
Tax (7.75 %) $782.28
Shipping Charges $535
3% Convenience Charge $0
GRAND TOTAL($) $11,411.28
SPECIAL INSTRUCTIONS:

QUOTE #1
ATTACHMENT 1

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 62
370 Gateway Drive, Chillicothe, OH 45601
Phone +1 740 779-9918 Toll Free 877 318-9562
www.permanentmarking.com
Laser Marking System Proposal
February 22, 2022
Proposal Number: 7463
Proposal Prepared For:

Frank Acuna
Chino Police Department
5450 Guardian Way
Chino, California 91710-2600

LASERGEAR QUBE
QUOTE #2

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 63
Our Commitment to You
Dear Frank,
Thank you for your interest in the LaserGear line of laser marking systems.

LaserGear is a full featured, entry level line of laser marking products from TYKMA Electrox. TYKMA Electrox shares a rich history of more than 55 combined years in the laser industry. LaserGear was created to serve clients who desire an entry level laser marking system without compromising on quality or capability. LaserGear products are manufactured in Chillicothe, OH USA using high quality components. (Watch our Company Video Here)
LaserGear products are backed by a 24-month warranty and exceptional service and support, 24/ 7, 365 days a year. If your system is down within the first 30 days, simply contact us, and we will replace it with a new unit.

Please take a moment to review our laser system proposal. As your sales engineer, my aim is to provide personalized support during this process. Please feel free to contact me at any time.

Sincerely,
Adam Johnson, Western Region Sales Manager
Mobile: 435 901-5034 | [email protected]
Proposal 7463 Page 1

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 64

SYSTEM PROPOSAL
Description Unit Qty Price
LGQB20
• QUBE Class 4 Integration Laser Marking System
• 20W MOPA Laser Source
• Minilase Pro SE Marking Software
$13,900 1 $13,900
LG254-Add-On
• 254MM L Lens Add-On for LaserGear BOQX or QUBE
• 6.5" x 6.5" / 165mm x 165mm Marking Window
$292 1 $292
QUBEMZ400
• Manual Tool Post for LaserGear QUBE
• 19.7" / 500mm Travel
• Tool Plate with Hole Pattern
$995 1 $995
TBH BF 100R
• TBH BF 100R Fume and Dust Extraction System 120V
• Ideal for Light Duty Applications
• Three Filter System Includes Pre-filter Mat, Particle Filter, and Activated Carbon/BAC Filter
• Includes Hose Kit 70405115
• Warranty - 24 months or Max 5000h, Applies to Motor/
Turbine
$1,993 1 $1,993
Laser Safety Glasses
• OD 6 at 1064nm
$263 2 $526
USB Dongle - Free
• USB Dongle for offline programming
$0 1 $0
Option A Training West (USW)
• Full Service Training Package
• On-site Startup/Training by TYKMA Technician
• Up to 8 Hours
• Covers all Travel, Overnight Stays, Transportation and Per Diem Expense
$3,495 1 $3,495
Option C Training
• Full Service Training Package
• Training by TYKMA Electrox Technician at TYKMA Electrox Factory
• Up to 8 Hours
$0 1 $0
Proposal 7463 Page 2

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 65
Description Unit Qty Price
Packing
• Laser Packaging for Shipping
• Includes Pallet and Packing Materials for Transport
• Does Not Include Freight, Buyer Responsible for Freight Charges
$300 1 $300
Delivery 4-6 Weeks ARO
• Delivery Quoted 4-6 Weeks ARO
$0
Total $21,501

PAYMENT AND DELIVERY TERMS
• Proposal Valid for 30 Days
• Payment Terms: 30% Due at Order, Balance Net 15 Upon Shipment • All Prices Quoted USD
• All Shipments EXW Chillicothe, OH USA, Buyer Responsible for All Shipping Costs • For Full Terms and Conditions, Please see the "Terms and Conditions" section of this proposal Proposal 7463 Page 3

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 66

Chino Police Department
Frank Acuna
Chino, California 91710
909-334-3016
[email protected]

Quote #: GS-10445
Date: 3-23-2022
Validity: 60 Days

Delivery: TBD
FOB: Plymouth, Mi
Terms: 25% on order / 50% before shipping / 25% upon delivery ____________________________________
Gary Sheriff – Sales Manager
SherTec - Tel 909.518.6000
1 1 Trotec SpeedMarker 20 Watt Fiber Laser Marker

• 100% Air Cooled, Galvo Controlled Fiber Laser System at 1060 nm Wavelength • Q-switch laser with selectable freq from 2-200 KHz
• 115 Volt / 60 Hertz Electrical Standard
• Lens - 160mm lens (4.7”square mark field)
• 19” Rack Mount Power Supply
• Computer Included (mouse, monitor and keyboard Not included) • SpeedMark Software Package
Includes easy “Scripting” to allow user defined template commands for creating programs including: Alphanumeric, Logos, Barcodes, 2D code and unique operator run screens
• Red Dot Laser Pointer for easy setup using a boundary box around artwork • Two (2) Year Warranty Period for workstation and laser (Expected Diode Lifetime is 50,000 Hours and higher)

2 1 Open Z post with T-slot tooling plate and powered Z User must wear protective goggles (not included)

3 1 Red light focus finder

Sub-Total $ 30,700

Promotion - ($5,000)

Delivery $ 700

Sub-Total with Promotion $ 26,400

Applicable Sales Taxes Not Included in this Quotation

Item Qty Description Unit Amount

Trotec Laser
44747 Helm Court
Plymouth, MI 48170
Tel: 866-226-8505

QUOTE #3

11.8.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 67

DESKTOP SCANNERS
QUOTE #1

QUOTE #2

11.8.b
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 68

QUOTE #3

11.8.b
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 69
Estimate
Date
4/28/2022
Estimate #
2008
Name / Address
Chino Police Department
5450 Walnut Avenue
Chino, CA 91710
16128 Valerio Street
Van Nuys, CA 91406
Terms Upon Delivery
Rep RC
Total
Subtotal
Sales Tax (7.75%)
Prices are subject to change at SLUS' discretion. Quote is partially based on Customer information. If the information is found to be incorrect at anytime or unknown site conditions are found during installation, SLUS may revise the quote to include any additional parts and labor to succesfully complete the job. Such additional parts and labor will be subject to Customer's written approval. If the Customer chooses not to accept the revised quote and therefore, the job cannot be completed successfully, SLUS may remove any materials and products that SLUS installed and Customer will only be responsible for any labor that was performed thus far and any products and materials that cannot be reused. 877-822-2303
Approved By: Signature: Date:
___________________________________________ ______________________________________ ____________ Thank you for this opportunity. We look forward to working with you.

Item Description Qty Cost Total
POD-Custom Custom POD:
(3) Axis PTZ Cameras - P5655E
(1) Cradlepoint Router - IBR600
(1) 8 port, unmanaged switch
(3) 256GB SD Cards
(1) TP Link 2.4Ghz transmitter for local wifi connection Custom powder-coated metal enclosure
Custom Mounting Bracket
Photocell Power Adapter
1 10,495.00 10,495.00T
Shipping Charge Shipping and Handling: Ground - 1 45.00 45.00 Discount Credit for 1 PODs built with 3 PTZs and working 1 -1,400.00 -1,400.00T $9,844.86
$9,140.00
$704.86

11.8.c
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 70

Quote for:

Chino Police Department

Attn:

Jason Cloke

Reference:
4 L6Q, Buy-Outright, 1 Year Hosting and Warranty

Quote By:

Daniel Ramsden

Date:
04-26-22

11.8.d
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 71

Vigilant Solutions, LLC
1152 Stealth Street
Livermore, California 94551
(P) 925-398-2079 (F) 925-398-2113
Issued To: Chino Police Department - Attention: Jason Cloke Date: 04-26-22 Project Name: 4 L6Q, Buy-Outright, 1 Year Hosting and Warranty Quote ID: DAR-1499-03

PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:

Qty Item # Description
(4) VSF-L6Q-S-KIT L6Q Quick Deploy Camera (Solar Kit)
Offer Includes:
● One (1) L6Q camera with two (2) Lex-11 high capacity internal batteries ● Solar Kit (40W solar panel, mounting bracket, charge controller, 12 Ah battery, Cable with M12 power connector)
● Camera mounting bracket
● USB-C cable and USB-C to USB-A adapter, Micro SD card ● Requirements
o Hosted LPR account for data storage, alerting, analytics and more o Enterprise Service Agreement
Optional, Sold Separately:
● 12VDC Power Pigtail
● 120V AC power supply
● Active SIM card with cellular data plan
(1) VSBSCSVC-L6Q Vigilant L6Q Service Package for Hosted/Managed LPR Deployments ● Vigilant L6Q Service Package for Hosted/Managed LPR Deployments (4) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms ● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
(4) L6Q Carry Case RAPID-DEPLOYMENT CARRY CASE
(1) Sales Tax 7.75% sales tax on hardware.

Subtotal Price $19,920.75

Quote Notes:

1. All prices are quoted in USD and will remain firm and in effect for 60 days.

2. Returns or exchanges will incur a 15% restocking fee.

3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.

4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.

5. All hardware components to have standard One (1) year hardware warranty.

11.8.d
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 72

6. All software to have standard one (1) year warranty for manufacturer defects.

7. L6Q LPR Cameras are Pre-Order Only. First Shipments are Expected Late Q2 2022.

8. Sales tax included.

9. Special price discount only to Chino PD.

Quoted by: Daniel Ramsden - 217-494-0758 - [email protected]

Total Price $19,920.75

11.8.d
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 73

Purchasing Rev. 10/1/2020

CITY OF CHINO

NONCOMPETITIVE SOURCE SELECTION JUSTIFICATION
Contract/Req. No.: Amendment No.: Requestor: RTCC/Chino PD Date: 4/29/2022 Pre-Tax Amount: Lump sum Tax: $ Freight: $ Total Amount: $19,920.75 Vendor Name: Vigilant Solutions

FUNDING SOURCE AND AUTHORIZATION (check as applicable)
City Resources Gov’t Grant Other
Certifications: Debarment 1 Anti-Lobby2 Certificate(s) Attached
Not
Applicable
Fund: 12040002 Object Code: 43050/40890
Equipment Screening3: Yes Not Applicable Title Vests: - Purchase Description: Purchase of additional Automated License Plate Reader Cameras

1. Source Selection - Competition is impracticable (Check appropriate box):

UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).

SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.

EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $50,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):

The Chino Police Department procured its existing ALPR system from Vigilant Solutions in 2017 using the National Intergovernmental Purchasing Alliance (NIPA) Contract No. R170502. The current project is an expansion of the initial system and purchase of Vigilant Products is required for system compatibility

1 Applies to purchases under a Federal Grant equal to or more than $25,000 2 Applies to purchases under a Federal Grant equal to or more than $100,000 3 Applies to equipment purchases under a Federal Grant equal to or more than $5,000

11.8.e
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 74
City of Chino – Noncompetitive Source Selection Justification Page 2 of 2

Purchasing Rev. 10/1/2020

2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):

The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:

Previous purchase.

Supplier: Unit Price:

PO No.: PO Date:

Similar item in related industry.

Price Source: Unit Price:

Supplier: Date:

Any other Reasonable basis:

3. Small Business’ Solicited (Federally Funded Procurements Only)

Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.

Applicable Businesses’ referenced above were solicited.

No Applicable Businesses referenced above were solicited because

---------------------Attach additional sheets as needed---------------------- Required Signatures:

Requestor Name (Print) Requestor Signature Date

Department Director Name (Print) Department Director Signature Date APPROVAL BY FINANCE: Based on the above justification, I hereby approve the purchase of this product or service on a noncompetitive basis.

__________________________________
Director of Finance Name (Print)
___________________________________
Director of Finance Signature

______________
Date

11.8.e
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 75

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: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: ACCEPTANCE OF SEWER IMPROVEMENT LINES A AND B - TM 16420.

RECOMMENDATION
Accept Sewer Improvement Lines A and B of Tract Map No. 16420 as complete.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships

11.9 CONSENT CALENDAR
Packet Pg. 76
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: ACCEPTANCE OF SEWER IMPROVEMENT LINES A AND B - TM 16420 PAGE 2

BACKGROUND
On February 13, 2008, the City of Chino Planning Commission conditionally approved the “South of Pine” Project within The Preserve Specific Plan area (Tentative Tract Map No. 16420), as part of the first series of entitlements for the future development of property generally located south of Pine Avenue, between Hellman Avenue and Chino-Corona Road.

The conditions of approval for Tentative Tract Map No. 16420 require Chino Preserve Development Corporation (Developer) to construct various public improvements including, but not limited to, master -planned sewer mains to serve future development within the “South of Pine” project area. The Developer has completed the construction of Sewer Improvement Lines A and B as depicted in Exhibit A, which convey wastewater flow to the City’s sewer lift station located adjacent to Prado Regional Park. The City has also obtained utility easements from the County of S an Bernardino and Orange County Flood Control District since a portion of these sewer improvements are located within Prado Regional Park.

ISSUES/ANALYSIS
The public improvements being accepted by the City consist of master -planned sewer mains within City streets and Prado Regional Park. The public improvements are substantially complete, meet all City standards and have been constructed to the satisfaction of the City Engineer. With approval by City Council, staff will commence the maintenance obligations for these completed sewer improvements.

Attachment: Exhibit A

11.9 CONSENT CALENDAR
Packet Pg. 77

11.9.a
Acceptance of Sewer Improvement - TM 16420 "South of
Packet Pg. 78

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: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: FINAL ACCEPTANCE OF PUBLIC I MPROVEMENT ADMINISTRATIVE APPROVAL PL15 -0899 - TOM'S RESTAURANT (VALASKANTJIS FAMILY TRUST).

RECOMMENDATION
1) Accept public improvements as complete for Administrative Approval PL15-0899; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

11.10 CONSENT CALENDAR
Packet Pg. 79
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT ADMINISTRATIVE APPROVAL PL15-0899 - TOM'S RESTAURANT (VALASKANTJIS FAMILY TRUST) PAGE 2

BACKGROUND
On March 24, 2016, the City of Chino Planning Commission conditionally approved PL15 -0899 Administrative Approval, to construct a 3,000 square foot fast food with drive -thru restaurant on

0.97 acres of land located at 12713 Central Ave nue; which is specifically located on the northeast corner of Central Avenue and Washington Avenue (Exhibit A).

The conditions of approval required public improvements, including but not limited to, pavement, sidewalks, curb & gutter, streetlights, and uti lity connections, which required a Public Improvement Agreement. The landscaping along the project frontage, within the public right -of- way, is also the responsibility of the property owner.

ISSUES/ANALYSIS
The public improvements are substantially complet e and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City include pavement reconstruction, curb and gutter, sidewalk, curb ramps, a new streetlight, landscaping, and utility connections.

These improvements were made to bring the pedestrian facilities up to standards. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.

All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.

Additionally, on September 5, 2017, the City Council approved the annexation of the property to Landscaping and Lighting District No. 2002-1 to offset the costs of public streetlights.

With approval by City Council, the following maintenance obligations will commence:

Public Street Sweeping: By the City
Public Sidewalks: By the City
Public Street lights: By the City
Landscaping: By the property owner

Attachment: Exhibit A - Location Map Administrative Approval PL15-0899 Exhibit B - Fully Executed Public Improvement Agreement & Bonds

11.10 CONSENT CALENDAR
Packet Pg. 80

11.10.a
Final Acceptance of Public Improvement - Tom's
Packet Pg. 81

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 82

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 83

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 84

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 85

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 86

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 87

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 88

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 89

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 90

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 91

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 92

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 93

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 94

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 95

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 96

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 97

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 98

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 99

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 100

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 101

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 102

11.10.b
Final Acceptance of Public Improvement - Tom's
Packet Pg. 103

Revenue: 5207300-52020 Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: SALE OF STORED GROUNDWATER TO THE FONTANA WATER COMPANY.

RECOMMENDATION
Approve a sale of 5,000 acre -feet from the City’s Excess Carryover stored groundwater reserves to the Fontana Water Company and authorize the City Manager or his designee to prepare the requisite documentation for submittal to the Chino Basin Watermaster.

FISCAL IMPACT
5,000 acre-feet sold at the current market unit price of $639.20 per acre-foot will yield a revenue of $3,196,000 to the Water Enterprise Fund.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning

11.11 CONSENT CALENDAR
Packet Pg. 104
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: SALE OF STORED GROUNDWATER TO THE FONTANA WATER COMPANY PAGE 2

BACKGROUND
In 1978, the Chino Basin Judgment adjudicated the Chino Groundwater Basin, providing water retailers, including the City of Chino, with annual groundwater production rights. The Judgment also provides for water retailers who may no t fully utilize their production rights to accumulate under-utilized groundwater production rights in the form of stored groundwater reserves.

Additionally, the Judgment allows water retailers to transact arrangements for the purchase and sale of groundwat er production rights, subject to the approval of the Chino Basin Watermaster (the administrative branch of the court with continuing jurisdiction over the Chino Groundwater Basin).

The Watermaster review and approval process involves a notification of prop osed transaction and three successive levels of formal approval, culminating with approval by the Watermaster Board of Directors. If an interested party has concerns pertaining to a proposed transaction, that party may contest the transaction. Contested tr ansactions are subject to a Watermaster administrative hearing process so that additional information may be made available for the 2nd and 3rd levels of the Watermaster approval process.

ISSUES/ANALYSIS
Currently, the City has accumulated stored groundwa ter reserves totaling approximately 135,000 acre-feet. The City’s annual groundwater production right in FY 20/21 was 17,497 acre- feet. After satisfaction of its groundwater production needs, the City’s unproduced amount of groundwater production entitleme nt (11,730 acre -feet) was accounted for as stored water and added to its reserves.

The City’s plans for utilization of its stored groundwater reserves include production of water to meet its own demands, satisfaction of regional replenishment requirements, and the potential sale of water to other Chino Basin water retailers such as the proposed sale to the Fontana Water Company and the 500 acre -foot sale of stored groundwater that was approved by the City Council on April 19, 2022.

The Fontana Water Company contacted the City and inquired if the City would be amenable to a transaction that would provide for the City to sell 5,000 acre -feet of its stored groundwater to the Company. City staff analyzed the City’s projected needs for groundwater and the anticipated accumulation of under -utilized annual groundwater production entitlement and determined a sale of 5,000 acre-feet from the City’s stored groundwater reserves will not adversely impact the City’s ability to satisfy its own projected groundwater production needs.

The proposed sale of 5,000 acre -feet of groundwater reserves is compatible with the City and regional water conservation efforts to address current drought conditions. The City’s potable water supply is comprised of three (3) sources: 1) surface water imported from northern California via the California Department of Water Resources - operated State Water Project (SWP) to southern California, and conveyed by the Metropolitan Water District of Southern California to the Water Facilities Authority for treatment and eventual delivery to the City’s water system, 2) local Chino Basin groundwater produced by the Chino Basin Desalter Authority (CDA), and 3) local Chino Basin groundwater produced by City wells. Each of these sources represents approximately 1/3 of the City’s current potable water supply. When the City produces local groundwater via its wells, the City utilizes its groundwater production rights. The City utilizes its groundwater reserves to provide for a share of the CDA’s groundwater produ ction.

The current drought is causing significant impact to the State’s ability to convey northern California surface water to southern California via the SWP. It is the imported water portion of

11.11 CONSENT CALENDAR
Packet Pg. 105
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: SALE OF STORED GROUNDWATER TO THE FONTANA WATER COMPANY PAGE 3

the City’s total potable water supply that is most affected by the drought. The City’s and CDA’s production of local groundwater is occurring at the maximum capacities of existing facilities. The City is in the process of enhancing its local groundwater production capability according to its master plan. When new City facilities become operational, the City will have an increased ability to produce more local groundwater and correspondingly will utilize an increased amount of its groundwater production rights. It is anticipated that the next phase of local groundwat er production enhancement will become operational in the Fall of 2022. At that time, the City will also have reduced its reliance on imported water to satisfy its potable water needs. Staff’s analysis of the City’s current and future groundwater needs has taken the proposed sale of groundwater reserves to the Fontana Water company into account.

Staff and the City’s legal counsel have evaluated the risk associated with the potential for the subject transaction to be contested and concluded the risk is minima l. If contested, staff and counsel believe the proposed transaction will ultimately be approved by the Watermaster.

Attachments: Water Transfer Forms.

11.11 CONSENT CALENDAR
Packet Pg. 106

11.11.a
Proposed Sale of Stored Groundwater to The Fontana
Packet Pg. 107

11.11.a
Proposed Sale of Stored Groundwater to The Fontana
Packet Pg. 108

11.11.a
Proposed Sale of Stored Groundwater to The Fontana
Packet Pg. 109

Revenue: 1001000-51200 Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: FORMATION OF IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003-3.

RECOMMENDATION
1) Conduct a Public Hearing regarding the formation of Improvement Area No. 10 in Community Facilities District No. 2003 -3; 2) accept tax consultant’s report; 3) adopt Resolution No. 2022- 027, establishing Improvement Area No. 10 of CFD No. 2003-3, authorizing the levy of special taxes, and calling an election; 4) adopt Resolution No. 2022-028, determining the necessity to incur bonded indebtedness; 5) conduct a special election with the property owners; 6) adopt Resolution No. 2022-029, declaring results of the special election and directing recording of the special tax lien; and 7) approve the introd uction of Ordinance No. 2022-008, levying a special tax, to be read by number and title only, and waive further reading of the ordinance.

FISCAL IMPACT
The City will receive City Services Tax Revenue of approximately $ 215,000 per year upon buildout of I mprovement Area 10. This revenue is intended to offset the cost of providing City services to the homes in CFD No. 2003-3.

12.12 PUBLIC HEARING
Packet Pg. 110
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: FORMATION OF IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003-3
PAGE 2

BACKGROUND
Lewis Operating Corporation (Lewis) is the primary land developer in The Preserve. Lewis is currently developing its land with residential, commercial , and community facilities. As part of the development of The Preserve, the City of Chino is requiring Lew is to build the necessary public infrastructure to serve the residents and businesses of the new project area. In order to help Lewis finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 2003-3.

CFD No. 2003 -3 was formed in 2004 and was designed to utilize Improvement Areas to issue bonds as The Preserve developed over time to finance certain public faciliti es, and to pay for necessary on going municipal services authorized by the Mello -Roos Act and the formation documents with respect to CFD No. 2003 -3. To date, nine Improvement Areas have been established. The public improvements for the Lewis project have consisted of backbone infrastructure such as sewer, water and gas lines, storm dra in connections, streets, curb and gutters, streetlight and traffic signal improvements, landscaped medians, fire station, joint use community center and other required facilities. Authorized municipal services payable from the improvement areas include mai ntenance of parks, parkways, and open space; flood and storm protection; operation of storm drainage systems; and public safety services.

Lewis is moving forward on additional housing developments in The Preserve. Lewis has approached the City and wishes t o establish Impr ovement Area 10 in CFD No. 2003 -3.

Improvement Area 10 will comprise of four separate zones for taxing purposes (see attached map).

CFD No. 2003 -3 was originally formed by the City Council in 2004. On April 5, 2022, the City Council adopt ed Resolution No. 2022-024, declaring the City of Chino’s Intention to annex property into Community Facilities District No. 2003 -3, and to Establish Improvement Area No. 10 in Community Facilities District No. 2003 -3 and to authorize the Levy of Special T axes. In addition, the City Council adopted Resolution No. 2022-025, declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Improvement Area 10 of the Community Facilities District No. 2003 -3 and established May 17, 2022 as the Public Hearing date. A Notice of Public Hearing was published in the local paper on May 7, 2022. Additionally, the full notice was mailed to all the owners of the subject property prior to the Public Hearing, April 20, 2022.

ISSUES/ANALYSIS
The Mello-Roos Community Facilities Act of 1982 (“the Act”), Section 53318 of the Government Code, establishes the specific proceedings for creating Improvement Areas in a Community Facilities District. These proceedings require the City Council to conduct a publ ic hearing to hear testimony of all interested persons for or against the establishment of the Improvement Area, the extent of the Improvement Area, and the furnishing of specific types of public facilities or services. At the conclusion of the hearing, t he legislative body may determine to proceed with establishing the Improvement Area.

12.12 PUBLIC HEARING
Packet Pg. 111
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: FORMATION OF IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003-3
PAGE 3

By adopting Resolution No. 2022-024, pursuant to Section 53321.5 of the Act, the Council ordered the responsible officers for the proposed improvement area to study said improvement area an d prepare a report for the Council. The Special Tax Consultant, Albert A. Webb Associates, has prepared and submitted this report to the City Council on behalf of the officers for City review. The report contains a brief description of the public facilities and services by type, their estimated cost, establishes the rates and methods of apportionment of the special taxes to be levied upon the parcels of taxable property required to fund the acquisition and/or construction of said public facilities and the provision of said services, as well as the amounts and costs associated with the issuance of bonds to finance acquisition and/or construction of said facilities.

After the legislative body determines to establish the Improvement Area, it shall adopt a resolution authorizing the formation of the Improvement Area and the levy of a special tax within the Improvement Area and calling for a special election within the Improvement Area, and it may immediately hold the special election. An of ficial ballot, including a waiver of the time limit pertaining to the conduct of the election, and any requirement for notice of analysis and arguments with respect to the ballot measure, were provided to the property owner(s) prior to the May 17, 2022 City Council meeting. The City Clerk must also concur with the shortening of various time periods applicable to the said landowner election.

The City Clerk shall then canvass the returns of the election and total the number of ballots cast for and against th e measure. After the canvass of returns of any election, pursuant to Section 53326, the legislative body may levy any special tax as specified in the resolution of formation in the territory of the Improvement Area, if two -thirds of the votes cast are in favor of levying that tax. The legislative body shall then approve the introduction of an ordinance levying a special tax on the Improvement Area.

At this time, it is estimated there will be approximately $ 35,000,000 in bonds sold. Staff is not moving forward with the remaining documents required to sell the bonds until development in the Improvement Area is sufficient to justify the bond issuance. When development is sufficient to justify a bond issuance, the City will then process the documents necessa ry to sell bonds.

These documents will include the Resolution approving the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement and District Continuing Disclosure Agreement. These documents will be scheduled for consideration a t a future City Council meeting.

Attachments: Resolution No. 2022-027, Exhibit A
Resolution No. 2022-028
Resolution No. 2022-029, Exhibits A and B
Ordinance No. 2022-008
Improvement Area 10 Boundary Map
Tax Consultant’s Report

RB:hm

12.12 PUBLIC HEARING
Packet Pg. 112

RESOLUTION NO. 2022-027

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO ESTABLISHING IMPROVEMENT AREA NO. 10 OF
COMMUNITY FACILITIES DISTRICT NO. 2003 -3 OF THE

CITY OF CHINO, AUTHORIZING THE LEVY OF SPECIAL

TAXES AND CALLING AN ELECTION THEREIN
WHEREAS, the City Council (the “City Council”) of the City of Chino, California (the “City”) has heretofore adopted Res olution No. 2022-024 (the “Resolution of Intention”) stating its intention to form Improvement Area No. 10 (the “Improvement Area”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”), and the annexation of territory to the Improvement Area, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of the Res olution of Intention setting forth a description of the proposed boundaries of the Improvement Area, the public facilities, services and the incidental expenses to be financed by the Improvement Area (the “Facilities,” “Services” and “Incidental Expenses,” respectively) is on file with the City Clerk; and, except to the extent amended by this resolution, the Resolution of Intention is incorporated herein by reference; and WHEREAS, a combined notice of a public hearing to be held on May 17, 2022 was published and mailed to all landowners of the land proposed to be included within the Improvement Area; and
WHEREAS, on May 17, 2022, the City Council opened the public hearing (the “Hearing”) as required by law; and
WHEREAS, at the Hearing there was filed with th is City Council a report containing a description of the Facilities and Services necessary to meet the needs of the Improvement Area and an estimate of the cost of such Facilities and Services as required by Section 53321.5 of the Act (the “Community Facilities District Report”); and
WHEREAS, at the Hearing all persons desiring to be heard on all matters pertaining to the proposed formation of the Improvement Area and the levy of the special taxes and the issuance of bonded indebtedness were heard and a full and fair hearing was held; and WHEREAS, at the Hearing, evidence was presented to the City Council on the matters before it, and the proposed formation of the Improvement Area and the levy of special taxes was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the Improvement Area, the levy of the special taxes and the issuance of bonded indebtedness; and
WHEREAS, the City Council has determined that there have been no registered voters residing in the proposed boundaries of the Improvement Area for the period of 90 days prior to the Hearing and that the qualified electors in the Improvement Area are the landowners within the Improvement Area; and

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 113
2 WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Improvement Area and with the calling of an election within the boundaries of the Improvement Area to authorize (i) the levy of special taxes within the Improvement Area pursuant to the rate and method of apportionment of the special tax attached as Exhibit C to the Resolution of Intention (the “Rate and Method”) , (ii) the issuance of bonds to finance the Facilities and Incidental Expe nses, and (iii) the establishment of an additional appropriations limit for the Community Facilities District on behalf of the Improvement Area;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Each of the above recitals is true and correct.

Section 2. An improvement area within the Community Facilities District to be designated “Improvement Area No. 10 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the Community Facilities District and the Improvement Area were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.

Section 3. The boundaries of the Improvement Area are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2003-3 Improvement Area No. 10 City of Chino, County of San Bernardino, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County of San Bernardino Book of Boundary Maps in the County Recorder’s Office in Book No. 90 at page 17 as Document No. 2022-0138294 on April 13, 2022.

Section 4. The types of Facilities, Services and Incidental Expenses authorized to be provided for the Improvement Area are those set forth in the Resolution of Intention. The estimated cost of the Facilities, Services and Incidental Expenses to be financ ed is set forth in the Community Facilities District Report, which estimates may change as the Facilities are designed and bid for construction and acquisition.

The City of Chino is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities or provide Services, all in accordance with the Act. The City Council finds that the proposed Facilities and Services are necessary to meet the increased demand that will be placed upon public infrastructure and City as a result of new dev elopment within the Improvement Area.

Section 5. The City Council hereby adopts the Rate and Method as the applicable rate and method of apportionment for the Improvement Area Except where funds are otherwise available, it is the intention of the City Council, subject to the approval of the eligible voters within the Improvement Area, to levy the proposed Special Tax A (as defined in the Rate and Method) in the Improvement Area at the rates set forth in the Rate and Method hereto on all non -exempt property within the Improvement Area sufficient to pay (i) the Facilities and the principal and interest and other periodic costs on the bonds proposed to be issued by the Community Facilities District on behalf of the Improvement Area to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 114
3 basis of a reserve fund in lieu of cash) and o ther expenses of the type permitted by Section 53345.3 of the Act; and (ii) the Incidental Expenses.

Except where funds are otherwise available, it is also the intention of the City Council, subject to the approval of the eligible voters within the Impro vement Area, to levy the proposed Special Tax B (as defined in the Rate and Method, and, together with Special Tax A, the “Special Tax”) in the Improvement Area at the rates set forth in the Rate and Method hereto on all non-exempt property within the Impr ovement Area sufficient to pay (i) the Services; and (ii) the Incidental Expenses.

The Community Facilities District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the Improvement Area, providing the Services, the issuance of bonds, the levying and collecting of the Special Tax, the completion and inspection of the Facilities and the annual administration of the bonds and the Community Facilities District. The Rate and Method is describ ed in detail in Exhibit C to the Resolution of Intention and incorporated herein by this reference, and the City Council hereby finds that said Exhibit C contains sufficient detail to allow each landowner within the Improvement Area to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Community Facilities District Report, which is incorporated by reference herein, the Special Tax is based on the expected demand that each parcel of real property within the Improvement Area will place on the Facilities and Services and, accordingly, is hereby determined to be reasonable. The Special Tax shall be levied on each assessor’s parcel pursuant to the Rate and Method, but Special Tax A shall not be levied after Fiscal Year 2065-66. The Special Tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and the Special Tax is not a tax on or a tax based upon the ownership of real property.

The City’s Director of Finance will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor’s parcel number and will be responsible for estimating future Special Tax levies pursuant to Section 53340.2 of the Act.

Section 6. In the event that a portion of the property within the Improvement Area shall become for any reason exempt, wholly or partially, from the levy of Special Tax specified in the Rate and Method, the City Council shall, on behalf of the Improvement Area, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within the Improvement Area which is not delinquent or exempt in order to yield the required debt service payments on any outstanding bonds of the I mprovement Area or to prevent the Community Facilities District from defaulting on any other obligations or liabilities of the Improvement Area; provided, however, that under no circumstances shall the Special Tax in the Improvement Area be increased in any fiscal year as a consequence of delinquency or default by the owner of any other parcel or parcels within the Improvement Are a by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the Special Tax will be set in accordance with the Rate and Method.

Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in the Improvement Area; and this lien shall continue in force and effect until (i) in the case of Special Tax A, the Special Tax A obligation is prepaid and permanently satisfied and the lien canceled in accordance with law, or (ii) for both Special Tax A and Special

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 115
4 Tax B, until collection of the applicable Special Tax by the Community Facilities District on behalf of the Improvement Area ceases.

Section 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Improvement Area, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Improvement Area and will be benefited by the Improvements proposed to be provided within the Improvement Area.

Section 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the proposed Improvement Area for the exclusive purpose of paying the principal of or interest on bonds or other ind ebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of the Improvement Area as are proposed to be provided by the Facilities or Services to be financed by the Improvement Area.

Section 10. Written protests against the establishment of the Improvement Area have not been filed by one-half or more of the registered voters within the boundaries of the Improvement Area or by the property owners of one -half or more of the area of land within the boundaries of the Improvement Area. The City Council hereby finds that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.

Section 11. An election is hereby called for the Improvement Area on the propositions of levying the Special Tax on the property within the Improvement Area and establishing an additional appropriations limit for the Community Facilities District on behalf of the Improvement Area pursuant to Section 53325.7 of the Act and shall be consolidated with the ele ction on the proposition of incurring bonded indebtedness for by the Community Facilities District on behalf of the Improvement Area, pursuant to Section 53351 of the Act. The propositions to be placed on the ballot for the Improvement Area are attached hereto as Exhibit A.

Section 12. The date of the election within the Improvement Area shall be May 17, 2022, or such later date as is consented to by the City Clerk and the landowners within the Improvement Area. The City Clerk shall conduct the election. Except as o therwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable.

It is hereby found that there are no registered voters within the territory of the Improvement Area, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he, she or it owns within the Improvement Area. The voters shall be the landowners of record within the Improvement Area as of May 17, 2022.

Section 13. The preparation of the Community Facilities District Report is hereby ratified. The Community Facilities District Report, as submitted, is hereby approved and made a part of the record of the public hearing regarding the formation of the Impr ovement Area, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection.

Section 14. This Resolution shall be effective upon its adoption.

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 116
5 PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of May 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 117
6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 17th day of May 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 118
A-1

EXHIBIT A

SAMPLE BALLOT
IMPROVEMENT AREA NO. 10
OF COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO

SPECIAL TAX AND SPECIAL BOND ELECTION
May 17, 2022
This ballot represents ___ votes.

To vote, write or stamp a cross (“+” or “X”) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Chino and obtain another.

PROPOSITION A: Shall Improvement Area No. 10 of Community Facilities District No. 2003-3 of the City of Chino (the “Improvement Area”) incur an indebtedness and issue bonds for the Improvement Area in the maximum principal amount of $ 35,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2022-024 of the City Council of the City of Chino?

YES______
NO_______

PROPOSITION B: Shall Special Tax A and Special Tax B with a rate and method of apportionment as provided in Resolution No. 2022-024 of the City Council of the City of Chino for the Improvement Area, and as defined therein, be levied to pay for (i) in the case of Special Tax A, the Facilities, Incidental Expenses and the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses a nd the other purposes described in Resolution No. 2022-024, and (ii) in the case of Special Tax B, the Services, Incidental Expenses and the other purposes described in Resolution No. 2022-024?

YES______
NO_______
PROPOSITION C: For each year commencing with Fiscal Year 2022-23, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the Community Facilities District on behalf of the Improvement Area be increased by an amount equal to $35,000,000?

YES______
NO_______

12.12.a
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 119
RESOLUTION NO. 2022-028

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO , DETERMINING THE NECESSITY

TO INCUR BONDED INDEBTEDNESS WITHIN
IMPROVEMENT AREA NO. 10 OF SAID COMMUNITY

FACILITIES DISTRICT AND CALLING AN ELECTION

THEREIN
WHEREAS, on April 5, 2022 , the City Council (the “City Council”) of the City of Chino adopted Reso lution No. 2022-024 (the “Resolution of Intention”) stating its intention to form Improvement Area No. 10 (the “Improvement Area”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, on April 5, 2022 , the City Council also adopted Resolution No. 2022-025 stating its intention to incur bonded indebtedness within the proposed Improvement Area in an amount n ot to exceed $35,000,000 to finance: (1) the purchase, construction, expansion, improvement or rehabilitation of public improvements identified in Exhibit B to the Resolution of Intention, including all furnishings, equipment and supplies relat ed thereto (collectively, the “Facilities”) and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the Improvement Area (the “Incidental Expenses”); and WHEREAS, notice was published as required by law relative to the intention of the City Council to form the proposed Improvement Area and to incur bonded indebtedness for the Improvement Area; and
WHEREAS, on May 17, 2022 , the City Council opened a noticed public hearing to determine whether it should proceed to form th e Improvement Area, issue bonds to pay for the Facilities and Incidental Expenses and to authorize the rate and method of apportionment of a special tax to be levied within the Improvement Area for the purposes described in the Resolution of Intention; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the formation of the Improvement Area, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed Facilities and Incidental Expenses were heard and a full and fair hearing was held; and
WHEREAS, subsequent to such hearing the City Council adopted a resolution establishing the Improvement Area (the “Resolution of Formation”); and WHEREAS, the City Council desires to make the necessary f indings to incur bonded indebtedness for the Improvement Area, to declare the purpose for said indebtedness, and to authorize the submittal of certain propositions to the voters of the Improvement Area, being the owners of land within the Improvement Area, all as authorized and required by law;

12.12.b
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 120
2 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. It is necessary to incur bonded indebtedness of the Improvement Area in a maximum aggregate principal amount not to exceed $35,000,000.

Section 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities, as described in the Resolution of Intention and the Resolution of Formation, financing the Incidental Expenses, and carrying out the powers and purposes of the Community Facilities District on behalf of the Improvement Area , including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve f unds and paying remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash), administrative expenses and other expenses of the type authorized by Section 53345.3 of the Act.

Section 3. The whole of the property within the Improvement Area, other than property exempted from Special Tax A (as defined in the Rate and Method, defined below) pursuant to the provisions of the rate and method of apportionment attached to the Resolution of Intention as Exhibit C (the “Rate and Method”), shall pay for the bonded indebtedness of the Improvement Area pursuant to the levy of Special Tax A authorized by the Resolution of Formation.

Section 4. The maximum term of the bonds to be issued shall in no event exceed forty (40) years.

Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof.

Section 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or the fixed rate shall not exceed the maximum rate permitted by Section 53531 of the California Government Code, or any other applicable provision of law limiting the maximum interest rate on the bonds.

Section 7. Pursuant to Section 53351 of the Act, a special election is hereby calle d for the Improvement Area on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness for the Improvement Area shall be in the form set forth in Exhibit A to the Resolution of Formation. The electio n in the Improvement Area on the proposition of incurring bonded indebtedness shall be consolidated with the election and on the propositions to levy Special Tax A and Special Tax B (as defined in the Rate and Method) and to establish an appropriations lim it for the Improvement Area, which propositions shall be in the forms set forth in Exhibit A to the Resolution of Formation.

Section 8. The date of the consolidated special election for the Improvement Area shall be May 17, 2022, or such later date as is consented to by the City Clerk of the City of Chino (the “City Clerk”) and the owners of land within the Improvement Area. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation and this resolu tion; and all ballots shall be received by, and the City Clerk shall close the election by 6:00 p.m. on the election day;

12.12.b
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 121
3 provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. It is hereby found that there are fewer than 12 registered voters within the territory of the Improvement Area and, pursuant to Section 53351(j) of the Act, the ballots for the special election shall be distributed in person or by mail with return p ostage prepaid to the landowners of record within the Improvement Area as of the close of the May 17, 2022 hearing regarding the formation of the Improvement Area. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Improvement Area, as provided in Section 53326 of the Act.

Section 9. This Resolution shall be effective upon its adoption.

PASSED AND ADOPTED by the City Counci l at a regular meeting held on the 17th day of May 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

12.12.b
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 122
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 Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 17th day of May 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK

12.12.b
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 123

RESOLUTION NO. 2022-029

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, ACTING IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3 OF THE CITY OF CHINO ON
BEHALF OF IMPROVEMENT AREA NO. 10 THEREIN,
CERTIFYING THE RESULTS OF THE MAY 17, 2022

SPECIAL TAX AND BOND ELECTIONS
WHEREAS, the City Council (the “City Council”) of the City of Chino, California (the “City”), acting as the legislative body of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”), c alled and duly held elections on May 17, 202 2 within the boundaries of Improvement Area No. 10 of the Community Facilities District (the “Improvement Area”) pursuant to Resolution Nos. 2022-024 and 2022-025 for the purpose of presenting to the qualified electors within the Improvement Area the propositions which are attached hereto as Exhibit A; and
WHEREAS, there has been presented to th e City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Exhibit B;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the Community Facilities District on behalf of the Improvement Area.

Section 2. Propositions A, B and C presented to the qualified electors of the Improvement Area on May 17, 2022 were approved by more than two -thirds of the votes cast at the election held for the Improvement Area, and each of Propositions A, B and C has carried. The City Council is hereby authorized to levy on the land within the Improvement Area the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $35,000,000 specified in Proposition A.

Section 3. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien which Bond Counsel to the Community Facilities District shall prepare in the form required by Streets and Highways Code Section 3114.5.

Section 4. This Resolution shall be effective upon its adoption.

12.12.c
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 124
2 PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of May 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

12.12.c
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 125
3 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 17th day of May 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibits A and B

12.12.c
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 126

A-1

EXHIBIT A

SAMPLE BALLOT
IMPROVEMENT AREA NO. 10
OF COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO

SPECIAL TAX AND SPECIAL BOND ELECTION
May 17, 2022
This ballot represents ___ votes.

To vote, write or stamp a cross (“+” or “X”) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Chino and obtain another.

PROPOSITION A: Shall Improvement Area No. 10 of Community Facilities District No. 2003-3 of the City of Chino (the “Improvement Area”) incur an indebtedness and issue bonds for the Improvement Area in the maximum principal amount of $ 35,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2022-024 of the City Council of the City of Chino?

YES______
NO_______

PROPOSITION B: Shall Special Tax A and Special Tax B with a rate and method of apportionment as provided in Resolution No. 2022-024 of the City Council of the City of Chino for the Improvement Area, and as defined therein, be levied to pay for (i) in the case of Special Tax A, the Facilities, Incidental Expenses and the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses and the other purposes described in Resolution No. 2022-024, and (ii) in the case of Special Tax B, the Services, Incidental Expenses and the other purposes described in Resolution No. 2022-024?

YES______
NO_______
PROPOSITION C: For each year commencing with Fiscal Year 2022-23, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the Community Facilities District on behalf of the Improvement Area be increased by an amount equal to $35,000,000?

YES______
NO_______

12.12.c
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 127

B-1

EXHIBIT B

CERTIFICATE OF THE CITY CLERK

AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Angela Robles, City Clerk of City of Chino, do hereby certify that I have examined the returns of the Special Tax and Bond Election for Improvement Area No. 10 of Community Facilities District No. 2003-3 of the City of Ch ino (the “Improvement Area”). The election was held in the chambers of the City Council at 13220 Central Avenue, Chino, California, on May 17, 2022 . I caused to be delivered a ballot to the authorized representative of each qualified elector. _______ (__) ballots were returned.

I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows:

PROPOSITION A PROPOSITION B PROPOSITION C
YES: YES: YES:

NO: NO: NO:

TOTAL: TOTAL: TOTAL:

Dated this 17th day of May, 2022.

Angela Robles, City Clerk
City of Chino

12.12.c
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 128

ORDINANCE NO. 2022-008

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO ,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, ON BEHALF OF IMPROVEMENT AREA NO. 10

THEREIN, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 10 OF THE DISTRICT
WHEREAS, on April 5, 2022, the City Council (the “City Council”) of the City of Chino (the “City”) adopted Resolution No. 2022-024 declaring its intention to form Improvement Area No. 10 (the “Improvement Area”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and adopted Resolution No. 2022-025 declaring its intention to incur bonded indebtedness of the Improvement Area; and
WHEREAS, on May 17, 2022 , after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Improvement Area, the proposed levy of a special tax within the Improvement Area to provide certain services and finance certain public improvements described in Resolution No. 2022-024 and to secure the payment of any bonded indebtedness of the Improvement Area, and the proposed issuance of up to $35,000,000 of bonded indebtedness; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Improvement Area , the proposed levy of the special tax within the Improvement Area to provide for the services a nd to finance the improvements described in Resolution No. 2022-024 and the proposed issuance of bonded indebtedness of the Community Facilities District on behalf of the Improvement Area were heard and a full and fair hearing was held; and
WHEREAS, on May 17, 2022, following the close of the public hearing, the City Council adopted a resolution establishing the Improvement Area (the “Resolution of Formation”) and a resolution determining the necessity to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on May 17, 2022 within the Improvement Area on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishmen t of an appropriations limit for the Improvement Area; and
WHEREAS, on May 17, 2022, a special election was held within the Improvement Area at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the Improvement Area for the purposes described in the Resolution of Formation and the issuance of bonded indebtedness for the Improvement Area as described in the Resolution to Incur Bonded Indebtedness.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003- 3 OF THE CITY OF CHINO, ORDAINS AS FOLLOWS:

12.12.d
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 129
2 Section 1. The above recitals are all true and correct.

Section 2. By the passage of this Ordinance, the City Council authorizes the levy of Special Tax A and Special Tax B (as defined in the Rate and Method, defined below, and, collectively, the “Special Tax”) within the Improvement Area at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to Resolution No. 2022-024, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).

Section 3. The Director of Finance of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to determine the specific Special Tax rates and amounts to be levied for the next ensuing fisc al year for each parcel of real property within the specific Special Tax rate and amount to be levied on each parcel of land in the Improvement Area pursuant to the Rate and Method. The Special Tax rate to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the Special Tax may be levied at a lower rate.

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the Special Tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act , the Rate and Method and the boundary map for the Improvement Area . No other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in the Resolution o f Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.

Section 5. All of the collections of the Special Tax pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The Special Tax shall be levied within the Improvement Area only so long as needed for the purposes des cribed in the Resolution of Formation.

Section 6. The Special Tax levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitt ed by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

Section 7. As a cumulative remedy, if any amount levied as Special Tax A for payment of the interest or principal of any bonded indebtedness of the Improvement Area, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such Special Tax A.

Section 8. This Ordinance relating to the levy of the Special Tax within the Improvement Area shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.

Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the San Bernardino County Assessor and Treasurer -Tax Collector, and to perform all other

12.12.d
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 130
3 acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

ADOPTED, SIGNED AND APPROVED ON the 7th day of June 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

12.12.d
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 131
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 7th day of June 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK

12.12.d
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 132

12.12.e
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 133

-

City of Chino
Community Facilities District No. 2003-3
Improvement Area No. 10

Prepared for:

May 2022
Community Facilities District Report

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 134
Table of Contents

Sections
Section 1. Introduction _______________________________________________________ 1 Section 2. Description of Facilities/Improvements and Services _______________________ 2 Section 3. Cost Estimate ______________________________________________________ 4 Section 4. Proposed Development ______________________________________________ 6 Section 5. Rate and Method of Apportionment ____________________________________ 7

Tables
Table 3-1. Cost Estimate ______________________________________________________ 4

Appendices
Appendix A. Rate and Method of Apportionment
Appendix B. Boundary Map

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 135

1. Introduction

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 1

AGENCY: CITY OF CHINO

PROJECT: COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 10

TO: CITY COUNCIL

CITY OF CHINO

SAN BERNARDINO COUNTY

STATE OF CALIFORNIA

Whereas, the City Council of the CITY OF CHINO, SAN BERNARD INO COUNTY, CALIFORNIA (hereinafter referred to as the “City Council”), did, pursuant to the pro visions of the “Mello-Roos Community Facilities Act of 1982”, being chapter 2.5, Part 1, Division 2, Title 5 of t he Government Code of the State of California, and specifically Section 53321.5 thereof, (the “Act”) expressly orde red the filing of a written Public Report (the “Rep ort”) for a proposed COMMUNITY FACILITIES DISTRICT NO. 2003-3 I MPROVEMENT AREA NO. 10. This Community Facilities District shall be referred to as COMMUNITY FACILITI ES DISTRICT NO. 2003-3 IMPROVEMENT AREA NO. 10 of t he CITY OF CHINO (hereinafter referred to as the “District” and “CFD No. 2003-3 IA No. 10”); and,

Whereas, on April 5, 2022, the City Council adopted Resolut ion No. 2022-024 (the “Resolution”), and the Resolution ordering said Report, did direct that said Report generally contain the following:

• A description of the public facilities and services by type proposed to be financed by CFD No. 2003-3 IA No. 10;
• An estimate setting forth costs of providing such facilities and services; • The rate and method of apportionment of the Special Tax in sufficient detail to allow each landowner o r resident within the proposed District to estimate the annual amount of payment thereof.

NOW, THEREFORE, the undersigned, authorized representative of WEBB MUNICIPAL FINANCE, LLC, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data:

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 136

2. Description of Facilities/Improvements and Servi ces

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 2

Pursuant to Section 53340 of the Act, the proceeds of any Special Tax levied and collected by CFD No. 2003-3 IA No. 10 may be used only to pay for the cost of prov iding public facilities, services, and incidental e xpenses. As defined by the Act, incidental expenses include, bu t are not limited to, the annual cost associated wi th determination of the amount of Special Taxes, colle ction of Special Taxes, payment of Special Taxes, o r costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.

A general description of the proposed facilities and services for the District is as follows:

Facilities/Improvements
The types of Facilities that are proposed by CFD No . 2003-3 IA No. 10 and financed with the proceeds o f Special Taxes and bonds issued by CFD No. 2003-3 IA No. 10 consist of backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, stree t and parkway landscaping, curb and gutter, medians, medi an landscaping, traffic signals, entry signage, par ks, trails, fire facilities, library facilities and public comm unity facilities, and appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

Services
The types of Services that are proposed to be provided by CFD No. 2003-3 and funded with the proceeds of special taxes levied by CFD No. 2003-3 consist of services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space, flood and storm pro tection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.

Incidental Expenses
The Incidental Expenses to be paid from bond proceeds and/or Special Taxes include: all costs associated with the creation of CFD No. 2003-3 IA No. 10, the issuance of bonds (which may include, but is not limited to, funding the reserve fund, capitalized interest, underwriter dis count, underwriter premium, and cost of issuance), the determination of the amount of Special Taxes to be levied, costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 IA No. 10, including legal fees, fees of consultants, engineering, planning, designing and the annual administration cost of CFD No. 2003-3 IA No. 10.

The description of the eligible public facilities, services and incidental expenses above are preliminary and general in nature. The final plans and specifications appro ved by the applicable public agency may show substi tutes or modifications in order to accomplish the work or se rve the new development and any such substitution o r modification shall not constitute a change or modif ication in the proceedings relating to CFD No. 2003 -3 IA No.

10. Based upon the preceding, it is my opinion that the facilities and services being funded are those tha t are necessary to meet certain increased demands placed upon the City of Chino, as a result of development and/or rehabilitation occurring within the boundaries of the District.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 137

2. Description of Facilities/Improvements and Servi ces

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 3

DATED: May 17, 2022 WEBB MUNICIPAL FINANCE, LLC

By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF CHINO

SAN BERNARDINO COUNTY

STATE OF CALIFORNIA

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 138

3. Cost Estimate

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 4

1. The cost estimate, including Incidental Expenses, t o be financed through the issuance of CFD No. 2003- 3 IA No. 10 Bonds is estimated to be $23,950,000 based upon current dollars (Fiscal Year 2021-22).

2. For further particulars, reference is made to Table 3-1 on the following pages and incorporated herein by reference.

3. Pursuant to Section 53340 of the Act, the proceeds of any Special Tax levied and collected by CFD No. 2003-3 IA No. 10 may be used only to pay for the cost of providing public facilities, services, and incidental expenses.

As defined by the Act, incidental expenses include, but are not limited to, the annual costs associate d with determination of the amount of Special Taxes, collection of Special Taxes, payment of Special Taxes, or costs otherwise incurred in order to carry out the author ized purposes of the Community Facilities District. The incidental expenses associated with the annual admi nistration of CFD No. 2003-3 IA No. 10 are estimate d to be $30,000 in the initial Fiscal Year. However, it is anticipated that the incidental expenses will v ary due to inflation and other factors that may not be foresee n today, and the actual incidental expenses may exc eed these amounts accordingly.

Table 3-1
Cost Estimate (1)
Item
CFD No. 2003-3 IA 10
(287 Lots)
Park Improvements
Van Vliet Perimeter Streetscape $1,305,142
Nature Trail South $1,197,786
Van Vliet SCE Corridor Landscape $1,402,104
Urban Park (Market – Legacy) $10,725,000
Urban Park Land $1,852,500
Subtotal Eligible Park Improvements: $16,482,532

Street Improvements
Block 4 Backbone Street Improvements $3,600,000
TR16420 -3 Main Street Backbone Improvements $3,199,157 Tr. 16420 -4 Block 9 Street Improvements $3,500,000
Pine Ave 5-Lane Improvements inc. Traffic Signals $7,896,000 Subtotal Eligible Street Improvements: $18,195,157

Wet Utility Improvements
Tr. 16420 -3 Backbone Storm Drain, Sewer, Water, Recycled Water $2,460,000 Pine Ave 5 -Lane Backbone Improvements $540,000
Tr. 16420-4 Backbone Storm Drain, Sewer, Water, Recycled Water

$3,0
00,000
Line "F" Backbone Storm Drain Improvements $4,200,000
Subtotal Eligible Wet Utility Improvements: $10,200,000

Misc. Residential Amenities
Community Core – Misc . Residential Amenities (Pine - Market) $1,500,000 Community Core – Misc . Residential Amenities Main St - Market to Legacy Park
$1,500,000
Subtotal Eligible Mic. Residential Amenities: $3,000,000

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 139

3. Cost Estimate

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 5

City Fees
Law Enforcement $148,549
DIF Administration Fee $1,003,768
Public Use (Community Center) Facilities Fee – or Construction $1,236,307 General Government Fees $44,772
Congestion Management Plan Fees $139,265
Fire Fees $306,834
Streets DIF Prepayment (Pine Ave) $1,422,041
Storm Drain DIF Payment (Pine Ave) $645,470
Park Fees $1,148,000
Subtotal Eligible City Fees $6,095,006
Grand Total Eligible Improvements $53,972,695

Estimated Bond Issuance:

Estimated Bond Issuance: $23,953,136
Estimated Incidentals: ($2,858,016)
Estimated Project Funds Available: $21,095,120
Estimated Unfunded Eligible Improvements: $32,877,575

(1) Cost Estimate is Subject to Review and Approval

DATED: May 17, 2022 WEBB MUNICIPAL FINANCE, LLC

By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF CHINO

SAN BERNARDINO COUNTY

STATE OF CALIFORNIA

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 140

4. Proposed Development

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 6

Zone 1 is planned to contain approximately 7.70 net taxable acres within Tract Number 20161. Zone 1 is planned to be developed into 149 single-family detached uni ts and is located south of Bickmore Avenue, west of Rincon Meadows Avenue, and north of Pine Avenue in the Cit y of Chino. The proposed Zone 1 boundaries include the following Assessor Parcel Numbers: 1057-041-13-0000 and 1057-061-12-0000.

Zone 2 is planned to contain approximately 2.05 net taxable acres within Tract Number 20161. Zone 2 is planned to be developed into 26 single-family detached unit s and is located south of Bickmore Avenue, west of Rincon Meadows Avenue, and north of Pine Avenue in the Cit y of Chino. The proposed Zone 2 boundaries include the following Assessor Parcel Numbers: 1057-011-08-0000 and 1057-021-08-0000.

Zone 3 is planned to contain approximately 2.91 net taxable acres within Tract Number 20164. Zone 3 is planned to be developed into 56 single-family detached unit s and is located north of Legacy Park Street, east of East Preserve Loop, and west of Hellman Avenue in the Ci ty of Chino. The proposed Zone 3 boundaries include the following Assessor Parcel Numbers: 1057-391-31-0000 , 1057-391-32-0000, 1057-391-41-0000, 1057-391-43- 0000, 1057-391-44-0000 and 1057-391-45-0000.

Zone 4 is planned to contain approximately 2.90 net taxable acres within Tract Number 20164. Zone 4 is planned to be developed into 56 single-family detached units and is located north Legacy Park Street, east of East Preserve Loop, and west of Hellman Avenue in the City of Chi no. The proposed Zone 4 boundaries include the foll owing Assessor Parcel Numbers: 1057-391-33-0000, 1057-391-34-0000, 1057-391-40-0000 and 1057-391-42-0000.

The Boundary Map for CFD No. 2003-3 IA No. 10 is attached hereto as Appendix B (the “Boundary Map”).

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 141

5. Rate and Method of Apportionment

City of Chino Community Facilities District Report
CFD 2003 -3 Improvement Area No. 10 7

1. The Rate and Method of Apportionment allows each property owner within each Zone of the proposed District to estimate the annual amount that would be required for payment. The Rate and Method of Apportionment of the Special Tax for the District, established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The Sp ecial Tax will be collected in the same manner and at the same time as ad valorem property taxes and subj ect to the same penalties and provisions; however, the Special Tax may be collected at a different time or in a different manner if necessary for CFD No. 200 3-3 IA No. 10 to meet its financial obligations and may covenant to foreclose on delinquent parcels as permitted by the Act.

2. All of the property located within CFD No. 2003-3 I A No. 10, unless exempted by law or by the Special Tax proposed for CFD No. 2003-3 IA No. 10, shall be tax ed for the purpose of providing necessary facilitie s and services to serve the District. The Boundary Map for CFD No. 2003-3 IA No. 10 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on benefit received by property, the cost of making facilities or authorized services available or other reasonable basis as determined by the City Co uncil, although the Special Tax may not be apportio ned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner with in the District may choose to prepay in whole or in part t he Special Tax A. The available method for so doing is described in Section G and H of the Rate and Method (“Prepayment of Special Tax A”). Special Tax B may not be prepaid.

For each year that any Bonds are outstanding, the S pecial Tax shall be levied on all Parcels in accord ance with this Rate and Method of Apportionment. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for unco llected Special Taxes and costs associated with the levy of such Special Taxes, but the Special Tax shall not be levied after the 2065-2066 Fiscal Year.

3. For particulars as to the Rate and Method of Apportionment, see the attached and incorporated Appendix A.

It is my opinion that the Rate and Method of Apportionment, described above and set forth in Appendix A, is fair and reasonable.

This Report has been prepared and consolidated by the Special Tax Consultant, Webb Municipal Finance, LLC, and is herewith submitted to the Board pursuant to the applicable provisions of the Mello-Roos Community Facilities Act of 1982.

DATED: May 17, 2022 WEBB MUNICIPAL FINANCE, LLC

By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF CHINO

SAN BERNARDINO COUNTY

STATE OF CALIFORNIA

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 142

APPENDIX A
Rate and Method of Apportionment

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 143

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(IMPROVEMENT AREA NO. 10)
The following sets forth the Rate and Method of App ortionment for the levy and collection of Annual Special Tax A and Annual Special Tax B in Im provement Area No. 10 of the City of Chino (“City”) Community Facilities District No. 2003-3 (“CFD No. 2003-3”). An Annual Special Tax A and Annual Special Tax B shall be levied on and collected in Improvement Area No. 10 of CFD No. 2003- 3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 10, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acquisition Agreement” means the Acquisition Agreement dated as of May 18, 2004 by and between the City and Chino Development Corporation, et al, as it may be amended. “Acre” or “Acreage” means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not sh own on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Community Facilities Act of 19 82 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City on behalf of Improvement Area No. 10 related to the determination of the amount of the levy of Special Tax A and Special Tax B, the collection of Special Tax A and Special Tax B including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 10, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 10.
“Administrator” means an official of the City, or designee thereof, responsible for, among other things, determining the annual amount of the levy and collection of the Special Tax A and Special Tax B.
“Agricultural Buffer Property” means all Assessor’s Parcels which have a restricti on on development due to their location being within 100 feet of existing animal use pursuant to the “DEVELOPMENT PLAN, General Development Standards, Right-to-Farm, Development Standards” section of the Preserve Specific Plan approved on March 25, 2003.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 144

“Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Approved Property” means all Assessor’s Parcels of Taxable Property ot her than Provisional Undeveloped Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 10. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to a lot or parcel of land by the County Assessor for purposes of identification.
“Assigned Annual Special Tax A” means the Special Tax A of that name described in S ection D below.
“Backup Annual Special Tax A” means the Special Tax A of that name described in Section E below. “Bonds” means those bonds issued by or on behalf of CFD No. 2003-3 Improvement Area No. 10, or any refunding thereof, to which Special Tax A within Improvement Area No. 10 has been pledged. “Boundary Map ” means a recorded map of the CFD No. 2003-3 which indicates the boundaries of Improvement Area No. 10 of CFD No. 2003-3.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff. “Calendar Year” means the period commencing January 1 of any year a nd ending the following December 31.
“CFD No. 2003-3” means Community Facilities District No. 2003-3 Impr ovement Area No. 10 established by the City under the Act.
“City” means the City of Chino, or its designee.
“City Council” means the City Council of the City of Chino, acting as the legislative body of CFD No. 2003-3, or its designee.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 145

"Consumer Price Index" or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San Bernardino-Ontario area. In the event this index ceases to be publishe d, the Consumer Price Index shall be another index as determined by the Administrator that is re asonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property ot her than Provisional Undeveloped Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax A or Special Tax B is being levied.
“Exempt Property” means all Assessor’s Parcels designated as being exempt from both Special Tax A and Special Tax B as provided for in Section L.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June 30. “Improvement Area No. 10” means Improvement Area No. 10 of CFD No. 2003-3, as identified on the boundary map for CFD No. 2003-3 Improvement Area No. 10. “Land Use Type” means Residential Property, Multifamily Residential Property, or Non-Residential Property.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Propert y, the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Developed Property, the maximum amount of Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property ” means all Parcels of Developed Property for which a building permit has been issued for the purpose of construct ing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Partial Prepayment Amount” means the amount required to prepay a portion of the Special Tax A obligation for an Assessor’s Parcel, as described in Section H.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 146

“Prepayment Amount” means the amount required to prepay the Special Tax A obligation in full for an Assessor’s Parcel, as described in Section G.
“Proportionately” means for Special Tax A that the ratio of the Annua l Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor’s Parcels. In the case of Special Tax B, means that the ratio of the Annual S pecial Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor’s Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, “Proportionately” means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Ass igned Annual Special Tax A, is equal for all applicable Assessor’s Parcels.
“Provisional Undeveloped Property” means all Assessor’s Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section L, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section L.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, which is not Multifamily Residential Property.
“Services” means services permitted under the Act including, without limitation, maintenance of parks, parkways and open space, flood and storm pro tection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3. “Special Tax A” means any of the special taxes authorized to be levied on Taxable Property within Improvement Area No. 10 by CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement.
“Special Tax B” means the special tax authorized to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax A Requirement” means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities or payment of fees autho rized by CFD No. 2003-3 by the levy on Developed Property of the Assigned Annual Special T ax A, as required by the Acquisition Agreement provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (vi) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 147

“Special Tax B Requirement” means, subject to the Maximum Special Tax B, that a mount to be collected in any Fiscal Year to pay for certain ser vices as required to meet the needs of CFD No. 2003-3 in both the current Fiscal Year and the next Fiscal Year. The costs of services to be covered shall be the direct costs for (i) Services, and (ii ) Administrative Expenses (apportioned between Special Tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds.
“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 10, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. “Unit” means any residential structure.
“Zone(s)” means Zone 1, Zone 2, Zone 3 or Zone 4 as geographi cally identified on the Boundary Map of CFD NO. 2003-3 Improvement Area No. 10.
“Zone 1” means the specific area identified on the Boundary Map as Zone 1 of Improvement Area No. 10, consisting of Lots 6 and 7 of Tract 20161.
“Zone 2” means the specific area identified on the Boundary Map as Zone 2 of Improvement Area No. 10, consisting of Lot 1 of Tract 20161.
“Zone 3” means the specific area identified on the Boundary Map as Zone 3 of Improvement Area No. 10, consisting of Lots 6 and 7 of Tract 20164.
“Zone 4” means the specific area identified on the Boundary Map as Zone 4 of Improvement Area No 10, consisting of Lots 8 and 9 of Tract 20164.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022-23, each Assessor’s Parcel within Improvement Area No. 10 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be classified as being within Zone 1 , Zone 2, Zone 3, or Zone 4. If an Assessor’s Parcel of Approved Property, Undeveloped Property, or Provisional Undeveloped Property is located within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest portion of its Acreage is located. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property , Multifamily Residential Property, or Non- Residential Property.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 148

SECTION C

MAXIMUM SPECIAL TAX A

1. Developed Property
The Maximum Special Tax A for each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup Annual Special Tax A.

2. Approved Property, Undeveloped Property, and Pro visional Undeveloped Property The Maximum Special Tax A for each Assessor’s Parce l classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax A.

SECTION D

ASSIGNED ANNUAL SPECIAL TAX A

1. Developed Property
Each Fiscal Year, each Assessor’s Parcel of Residen tial Property, Multifamily Residential Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax A.

The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the Tables below.

TABLE 1

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $4,850 per Uni t
Residential Property 1,900 – 2,050 $4,930 per Unit
Residential Property Greater than 2,050 $5,010 per Unit Multifamily Residential Property N/A $105,561 per A cre Non-Residential Property N/A $105,561 per Acre

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 149

TABLE 2

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $6,100 per Uni t
Residential Property 1,850 – 2,000 $6,215 per Unit
Residential Property 2,001 – 2,150 $6,330 per Unit
Residential Property 2,151 – 2,300 $6,445 per Unit
Residential Property 2,301 – 2,450 $6,560 per Unit
Residential Property Greater than 2,450 $6,675 per Unit Multifamily Residential Property N/A $89,328 per Ac re
Non-Residential Property N/A $89,328 per Acre

TABLE 3

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $5,795 per Uni t
Residential Property 1,850 – 2,000 $5,925 per Unit
Residential Property 2,001 – 2,150 $6,055 per Unit
Residential Property 2,151 – 2,300 $6,185 per Unit
Residential Property 2,301 – 2,450 $6,315 per Unit
Residential Property Greater than 2,450 $6,445 per Unit Multifamily Residential Property N/A $129,380 per A cre Non-Residential Property N/A $129,380 per Acre

TABLE 4

ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 4
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $6,035 per Uni t
Residential Property 2,900 – 2,100 $6,170 per Unit
Residential Property Greater than 2,100 $6,305 per Unit Multifamily Residential Property N/A $132,654 per A cre Non-Residential Property N/A $132,654 per Acre

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 150

2. Approved Property, Undeveloped Property, and Pro visional Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Approved Property, Undeveloped Property, and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property shall be determined pursuant to Table 5 below:

TABLE 5

ASSIGNED ANNUAL SPECIAL TAX A RATES

FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY,

AND PROVISIONAL UNDEVELOPED PROPERTY
Zone Minimum Taxable Acreage Rate
Zone 1 7.70 $105,561 per Acre
Zone 2 2.05 $89,328 per Acre
Zone 3 2.91 $129,380 per Acre
Zone 4 2.90 $132,654 per Acre
If an Assessor’s Parcel of Approved Property or Undeveloped Property includes an area that would be classified as Agricultural Buffer Property the A creage of the Assessor’s Parcel for purposes of levying the Assigned Annual Special Tax A shall exc lude the Acreage of the area that would be classified as Agricultural Buffer Property.

SECTION E

BACKUP ANNUAL SPECIAL TAX A
For each Zone, at the time a Final Map is recorded, the City shall determine which Zone the Final Map area lies within and the Backup Annual Special Tax A for all Assessor’s Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property, excluding the Provisional Undeveloped Property Acreage area, or Multifamily Residential P roperty and/or Non-Residential Property Acreage area if any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the to tal number of such Assessor’s Parcels of Residential Property. In no circumstance shall the total Acreage of Taxable Property in each Zone be less than the acreage set forth in Table 5.

If the Final Map area described in the preceding pa ragraph lies within more than one Zone, the Backup Special Tax for Parcels of Residential Prope rty or Parcels expected to be classified as Residential Property shall be determined by multipl ying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone in which the majority of each Assessor Parcel lies by the total Acreage of each Assessor Parcel.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 151

The Backup Annual Special Tax A for Multifamily Residential Property shall be its Annual Assigned Special Tax A Rate.

Notwithstanding the foregoing, if Assessor’s Parcel s which are classified or to be classified as Residential Property or Multifamily Residential Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place.

SECTION F

METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2022-23 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Tax A in accordance with the following steps:

Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Table 1, Table 2, Table 3 and Table 4 to s atisfy the Special Tax A Requirement.

Step Two: If additional moneys are needed to satisf y the Special Tax A Requirement after the first step has been completed, the Annual Special T ax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the applicable Assigned Annual Special Tax A to sat isfy the Special Tax A Requirement.

Step Three: If additional moneys are needed to sat isfy the Special Tax A Requirement after the first two steps have been completed, the Annual Spe cial Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax A for Undeveloped P roperty applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.

Step Four: If additional moneys are needed to sati sfy the Special Tax A Requirement after the first three steps have been completed, then the Ann ual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement.

Step Five: If additional moneys are needed to sati sfy the Special Tax A Requirement after the first four steps have been completed, the Annual Sp ecial Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax A applic able to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 152

SECTION G

PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definition applies to this Section G:
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.

Prepayment :

The Special Tax A obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Approved Property, an Assessor's Parcel of Undevelo ped Property, and an Assessor’s Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amount for an Assessor’s Parcel eligible for prepayment shall be determined as described below.

An owner of an Assessor’s Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5) days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by Improvement Area No. 10 in calculating the proper amount of a prepayment.

Within fifteen (15) days of receipt of such non-refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor’s Parcel.

The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):

Payoff Amount
plus Administrative Fee
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:

1. For an Assessor’s Parcel of Developed Property a nd Provisional Undeveloped Property, compute the Assigned Annual S pecial Tax A applicable to the Assessor’s Parcel. For an Assess or’s Parcel of Approved Property, compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel. For an Assessor’s Parcel of Undeveloped Property compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 153

For each Assessor’s Parcel of Developed Property, A pproved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, compute the present value of the remaining Annual Assigned Special Tax A payments using a discount rate that is equal to the weighted average interest rate on the Outstanding Bonds and the rema ining term of the Outstanding Bonds determined by a Financial Advisor selected by the City.

For any prepayment that occurs prior to the first i ssuance of Bonds, the discount rate used in this calculation shall be 5.5% and the term shall be the period in which the Special Tax A may be levied as provided in Section K less ten years. This is the “Payoff Amount.”

2. For each Assessor’s Parcel of Developed Property , Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax A computed p ursuant to the first paragraph in paragraph 1 of this Section G for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax ap plicable to all Assessor’s Parcels of Taxable Property at build out , as reasonably determined by the City.

3. Multiply the quotient computed pursuant to parag raph 2 by the Outstanding Bonds. The product shall be the “Bond Redemption Amount”.

4. Multiply the Bond Redemption Amount by the appli cable redemption premium, if any, on the Outstanding Bonds to be red eemed with the proceeds of the Bond Redemption Amount. This product is the “Redemption Premium.”

5. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds.

6. Determine the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium in State and Local Government Series Treasu ry Obligations until the earliest call date for the Outstanding Bonds.

7. Subtract the amount computed pursuant to paragra ph 6 from the amount computed pursuant to paragraph 5. This difference i s the “Defeasance Cost.”

8. Estimate the administrative fees and expenses as sociated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of reco rding any notices to evidence the prepayment and the redemption. This am ount is the “Administrative Fee.”

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 154

9. Calculate the “Reserve Fund Credit” as the lesse r of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date.

Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.

10. The “Amount to Call Bonds” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).

11. The Prepayment Amount is the sum of the Payoff Amount and the Administrative Fee.

12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functiona lly equivalent fund or account pursuant to the fiscal agent agreement and used to pay administrative expenses; the remainder will be tran sferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.

With respect to the Special Tax A obligation that i s prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area No. 10 that there has been a prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.

Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.

SECTION H

PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parce l of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid,

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 155

provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid.

The Partial Prepayment Amount shall be calculated according to the following formula:

PP = P G x F
The terms above have the following meanings:

PP = the Partial Prepayment Amount.

P
G = the Prepayment Amount calculated according to Se ction G.

F = the percent by which the owner of the Assessor’ s Parcel is partially prepaying the Special Tax A obligation.

With respect to any Assessor’s Parcel that is partially prepaid, the City Council shall indicate in the records of Improvement Area No. 10 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such prepaid portion of the Special Tax A shall cease.

Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.

SECTION I

MAXIMUM SPECIAL TAX B

1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in the Tables below.

On each July 1, commencing July 1, 2023, the Maximum Special Tax for the prior Fiscal Year shall be increased by (i) an amount equal to the pe rcentage change increase in the Consumer Price Index for the twelve month period ending in March of the prior Fiscal Year.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 156

TABLE 6

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $619 per Unit
Residential Property 1,900 – 2,050 $624 per Unit
Residential Property Greater than 2,050 $641 per Un it
Multifamily Residential Property N/A $13,438 per Ac re
Non-Residential Property N/A $13,438 per Acre

TABLE 7

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $776 per Unit
Residential Property 1,850 – 2,000 $785 per Unit
Residential Property 2,001 – 2,150 $803 per Unit
Residential Property 2,151 – 2,300 $813 per Unit
Residential Property 2,301 – 2,450 $830 per Unit
Residential Property Greater than 2,450 $842 per Un it
Multifamily Residential Property N/A $11,309 per Ac re
Non-Residential Property N/A $11,309 per Acre

TABLE 8

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $736 per Unit
Residential Property 1,850 – 2,000 $748 per Unit
Residential Property 2,001 – 2,150 $766 per Unit
Residential Property 2,151 – 2,300 $780 per Unit
Residential Property 2,301 – 2,450 $800 per Unit
Residential Property Greater than 2,450 $813 per Un it
Multifamily Residential Property N/A $16,363 per Ac re
Non-Residential Property N/A $16,363 per Acre

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 157

TABLE 9

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 4
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $770 per Unit
Residential Property 1,900 – 2,100 $782 per Unit
Residential Property Greater than 2,100 $806 per Un it
Multifamily Residential Property N/A $16,903 per Ac re
Non-Residential Property N/A $16,903 per Acre

2. Approved Property, Undeveloped Property, and Pro visional Undeveloped Property No Special Tax B shall be levied on Approved Proper ty, Undeveloped Property, or Provisional Undeveloped Property.

3. Method of Apportionment of the Maximum Special T ax B Commencing with Fiscal Year 2022-23 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.

SECTION J

PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.

SECTION K

TERM OF SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor’s Parcels subject to the Annual Special Ta x A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse Improve ment Area No. 10 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts, but not later than the 2065-66 Fiscal Year.

Special Tax B shall be levied in perpetuity as long as the Services are being provided.

SECTION L

EXEMPT PROPERTY
The City shall classify as Exempt Property within the applicable Zone, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 158

are owned by a religious organization, (iii) Assess or’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 10 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property wi thin the applicable Zone to less than the Acreage amounts listed in Table 10 will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F.

TABLE 10

MINIMUM TAXABLE ACRES
Zone Acres
Zone 1 7.70
Zone 2 2.05
Zone 3 2.91
Zone 4 2.90

SECTION M

APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Spec ial Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner,
The representative shall take any of the following actions, in order of priority, to correct the error:
(i) if possible, amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to reimburse the property own er for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 159

The City may interpret this Rate and Method of Appo rtionment of Special Tax for purposes of clarifying any ambiguity and make determinations re lative to the amount of Administrative Expenses.

SECTION N

MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area No. 10 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 160

APPENDIX B
Boundary Map

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 161

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 162
Corporate Headquarters
3750 McCray Street
Riverside, CA 92506
951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
951.686.1070

12.12.f
Public Hearing-Formation of CFD 2003-3 IA10
Packet Pg. 163

Revenue: Expenditure:1006000-43650-N7207; N3001; N3007; N3162; and N7603

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: PROFESSIONAL SERVICES AGREEM ENT - COMMUNITY FACILITIES DISTRICT PROJECT MANAGEMENT AND OTHER RELATED SERVICES.

RECOMMENDATION
Award a Professional Services Agreement to David Taussig and Associates , Newport Beach CA in the amount of $ 265,000 for the Community Facilities District Pr ogram Management and related services; and authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2), one-year contract extensions.

FISCAL IMPACT
Funds are contingent on the Budget Adoption scheduled June 21, 2022. Sufficient funds are included in the Fiscal Year 2022-23 Operating Budget.

Costs associated with this agreement are offset by Development Impact Fees and improvement bond proceeds of the existing Community Facilities Districts.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

14.13 NEW BUSINESS
Packet Pg. 164
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - COMMUNITY FACILITIES

DISTRICT PROJECT MANAGEMENT AND OTHER RELATED SERVICES
PAGE 2

BACKGROUND
For several years, the Development Services Department utilized David Taussig and Associates (DTA) to help manage the va rious Community Facilities Districts (CFDs) formed throughout the City, including The Preserve and College Park. The services provided include program management and construction administration of the various public improvements associated with CFDs and the Development Impact Fee (DIF) program. The professional services contract with DTA expires on June 30, 2022. For this reason, staff prepared a Request for Proposals (RFP) to obtain a firm to continue these services.

On March 17, 2022, the City formally r eleased an RFP, which was published on Planet Bids.

On or before the April 7, 2022 submittal deadline , the City received only one proposal in response to the RFP, which was from DTA.

ISSUES/ANALYSIS
DTA has extensive knowledge of the City’s various CFD an d DIF programs and currently provides the engineering services for existing, ongoing City projects. Staff is proposing to continue its services with DTA to maintain consistency and the timely delivery of project management services.

Consistent with the Sta te of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32, DTA was evaluated based on competence and professional qualifications; thus, DTA is deemed a responsive and responsible proposer.

Therefore, it is staff’s reco mmendation that City Council award a contract to David Taussig and Associates in the amount of $ 265,000 for CFD Program Management and other related services. Additionally, as a reminder, the co sts associated with this agreement will be offset by Development Impact Fees and improvement bond proceeds of the existing Community Facilities Districts.

Lastly, the term of the contract is for twelve months (ending on June 30, 2023) with the option to renew for two (2) additional one-year periods.

Attachments: DTA Professional Services Agreement

14.13 NEW BUSINESS
Packet Pg. 165
1 01225.0001/458446.1

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
DTA
(CFD Program Management)
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and DTA (“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 Proposals 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 performance of the services defined and described particularly in Article 1 of this Agreement, 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 performance of those services defined and desc ribed 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 the mutual p romises and covenants 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 an d conditions of this Agreement, the Consultant sha ll 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 services required under this Agreement in a thorough, compe tent, an d professional manner, and is experienced in performing the work and services contemplated 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 for the purpose intended. For purposes of this Agreement, the phra se “highest professional standards ” shall mean those

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 166
2 01225.0001/458446.1
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 include d 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 in formed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City 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 California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applic able 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 therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) P
revailing Wages . Contractor shall pay prevailing wages to t he exten t required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under thi s Agreem ent, 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 same at each job site where work is performed under this Agreement.
(c) P
enalty for Failure to Pay Prevailing W ages. 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 pr evailing 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

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 167
3 01225.0001/458446.1
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 subcont ractor t o:
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) A
pprentices . 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, S ection 200 et seq. concerning the employment of apprentices on publ ic works projects. Contractor 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 applicable 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) E
ight- 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) P
enalties 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 by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Par t 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) W
orkers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment o f compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every emplo yer to be insured against liability for workers' c ompensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 168
4 01225.0001/458446.1
(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 Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such cont ractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her worke rs 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 s uch licenses, permits and approvals as may be requ ired 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, which may be imposed by law and arise from or are nece ssary 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, asses sments, taxes, penalties or interest levied, asses sed 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 per formed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Co nsultant 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 wi ll 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 Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and s oftware of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 169
5 01225.0001/458446.1

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the A greement to furnish continuous 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, unti l 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 Agree ment. Both parties agree to act in good faith to e xecute 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 responsible 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 invalidating this Agreement, to order extra work beyond that speci fied in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a 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 ex tra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Secti on shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

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 as Exhibit “B” and incorporated 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.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 170
6 01225.0001/458446.1
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agr eement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reim bursement for actual expenses, shall not exceed Two Hundred Sixty-Five Thousand Dollars ($265,00.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 M ethod 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 expenses 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 all 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 payment under this Agreement, Consult ant is c ertifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 171
7 01225.0001/458446.1
(c) Line items for all othe r approved reimbursable expenses claimed, w ith supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wag es, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following t he effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges f or 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 correct 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 period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City 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 Agreement may be contingent upon St ate budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. I f 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.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 172
8 01225.0001/458446.1

3.2 Schedule of Performance.

Consultant s hall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all 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 F orce Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and c onclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023, 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. CO ORDINATION 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:

Andrea Roess Managing Director

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 173
9 01225.0001/458446.1
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substa ntial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suffi cient 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 Agreement, 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 staf f 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 in 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 man ner 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 right s to re tirement, health care or any other benefits which may otherwise accrue to City ’s emp loyees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Director of Development Services 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 mus t 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 s ign 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, mode or means by which Consultant , its ag ents or employees, perform the services required herein , except as otherwise set for th 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 sha ll perform all services requi red herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that rol e. Consultant

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 174
10 01225.0001/458446.1
shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or othe rwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial indu cement 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 the City . In addition, neither this Agreement n or any interest herein may be transferred, assig ned, conveyed, hypothecated o r encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shal l 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 cumulative basis. In the event of any such unappr oved 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 obtain, provide and maintain at its own expense during the term of this Agreement, policies of insur ance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurr ence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standar d ISO “ insured contract” language will not be accepted.
(b) A utomobile liability ins urance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activ ities o f the Consultant arising out of or in connection with Services to be performe d 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) Pr o fessional liability (errors & omissions) insur ance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 175
11 01225.0001/458446.1
Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensatio n insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) S
ubcontractors . Consultant shall include all subcontractors as insureds under its polici es or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) A
dditional Insurance. Pol icies of such other insurance, as may be require d in the Special Requirements in Exhibit “B”.

5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage r equired 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 certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) D
uration of coverage. Consultant shall procure and maintain for the duration of t his Agreement insurance against claims for inju ries 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) P rima ry/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 required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insur ance or self-insurance shall be called upon to protect it as a named insured.
(d) C
ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not repla ced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A
cceptable insurer s. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 176
12 01225.0001/458446.1
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifical ly allo w Consultant or others providing insurance evide nce in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E nforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any req uirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type . If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of th e specified minimum limits of insurance and coverage shall be available to the City. (i) N
otice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) A
dditional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunt eers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of undisclosed coverage li mitations. 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) S
eparation of insureds . A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) P
ass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 177
13 01225.0001/458446.1
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 th is section. Consultant agrees that upon request, all agreements with consulta nts, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amo unts 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 a nd Consultant may renegotiate Consultant’s compensation.
(o) S
elf -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 de ductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result fr om Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 I ndemnification .

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, e mployees and agents ( “Indemnified Parties”) against, an d will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or a ctivities provided herein of Consultant, its of ficers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or will ful mis conduct, 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 connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City , its officers, agents or emp loyees for any such claims or liabilities arising out o f or in connection with the n egligent performance of or failure to perform such work, operations or activities of

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 178
14 01225.0001/458446.1
Consultant hereunder; and Consultant agrees to save and hold the City , its officers, ag ents, 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 ne gligent 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 its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemni fy City hereunder therefore, and failure of City to monitor compliance with these pr ovisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or wil lful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest exte nt permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful mis conduct 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 subcont ractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and records ”), as shall be necessa ry to p erform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be compl ete 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 right 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 audit is required. In the event of dissolution of Consultant’s business, custody of the books and r ecords may be given to City, and access shall be provided by Consultant’s succ essor 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.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agr eement as the Project Manager

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 179
15 01225.0001/458446.1
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed 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 cost 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 Co nsultant, its employees, subcontractors and agents in t he 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 b y City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for ot her pro jects and/or use of uncompleted documents without specific written authorizatio n by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assignment. 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 documents 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 made for hire ” as defined in 17 U.S.C. § 101, s uch 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 work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior 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 requested by the City Attorney, voluntarily provide documents, declarations, letters of support, te stimony 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. (c) If Consultant, or any officer, employee, agent or subcontract or of Consultant, provides any information or work product in violation of this 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.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 180
16 01225.0001/458446.1
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, compl aint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party 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 be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U .S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City s hall 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 wh ich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and s hall, when the default is cured, proceed with payment on the invoices. In the alternati ve, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreem ent under this Article. Any failure on the part of the City to give notice of the Consultant’ s default shall not be deemed 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 which may be in dispute hereunder or which are nec essary 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 performing or failing 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

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 181
17 01225.0001/458446.1
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 provision 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 default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a w aiver 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 remedies expressly declared to be exclusive in t his Agreement, the rights and remedies of the pa rties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the s ame 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, to recover damages for any default, to c ompel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or i mpractical to determine in the event of a breach of this Agreement, the Contrac tor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ( $0) as liquidated damages for each working day of d elay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 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, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to th e fault of the Consultant , the period of notice may be

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 182
18 01225.0001/458446.1
such shorte r time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any ti me, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of 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 Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In t he event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the r easonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, th e termi nating 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 S ection 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 require d hereu nder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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 connected with this Agreement, the prevailing party in such action or proceeding, in addition t o any other relief which may be granted, whethe r 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 entitled to attorney’ s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary co sts the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such actio n and s hall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 defau lt 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.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 183
19 01225.0001/458446.1

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 with the interests of City or which would in any way hinder Consultant’ s performance of servic es unde r 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 officer, employee, agent or subcontractor without the express written consent of the Project M anager. 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 i ndirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/ his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly 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 shall be no discrimination against or segregation of, any person or group of persons on account of race , color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that em ployees are treated during employment without re gard to their race, color, creed, religion, sex, gender, sexual or ientation, 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 amend ed, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens 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.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, firs t-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 184
20 01225.0001/458446.1
Chino, 13220 Central Avenue, Chino, Califor nia 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by 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 acco rdance 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 Agreement including the attachments hereto is the entire, complete 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 understand ings, 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 Council. The parties agree that th is 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 this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted t o carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Ag reement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in whi ch (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninteres ts” pursuant to Government Code Sections 1091 or 1091.5. Consultant

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 185
21 01225.0001/458446.1
warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consi deration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the p ayment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and underst ands 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 said party, (iii) by so executing this Agr eement, such party is formally bound to the provisions of this Agreement, and (iv) that 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]

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 186
22 01225.0001/458446.1
IN WITNESS WHEREOF , the parti es hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Anthony Arroyo, Interim City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP
Director of Development Services Department

CONSULTANT:

DTA

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY B E REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 187
23 01225.0001/458446.1

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 188
24 01225.0001/458446.1

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 189
01225.0001/458446.1 A -1
EXHIBIT “A”
S

COPE OF SERVICES
I. C onsultant will perform the Services descr ibed in Consultant’s Proposal, attached hereto as Exhibit A -1 (the entirety of which is on fil e with the Development Services Department).

II. All work product is subject to review and acceptance b y the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 190
EXHIBIT "A-1"

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 191

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 192

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 193

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 194

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 195

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 196

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 197

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 198

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 199

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 200

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 201

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 202

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 203

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 204

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 205

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 206

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 207

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 208

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 209

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 210

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 211

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 212

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 213

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 214

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 215
01225.0001/458446.1 B -1
EXHIBIT “B”
S

PECIAL REQUIREMENTS
(Supe rseding Contr act Boilerplate)
I. S ection 5.3, “ Indemnification”, is hereby amended as follows (additions in bold italics , deletions in strikethrough):

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, e mployees and agents ( “Indemnified Parties”) against, an d will hold and save them and each of them harmless from, any a nd all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities ”) that m ay be asserted or claimed by any person, firm or entity arising out of resulting from or in connection with the negligent performance of the work, operations or activities provided herein of by Consultant , its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“ indemnitors”), or arising resulting from Consultant’s or indemnitors ’ reckless or will ful mis conduct of Consultant, its officers, employees agents, subcontractors, or invitees, or arising resulting from the Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement by Co nsultant, its officers, employees, agents, subcontractors, or invitees, and in connection therewith:
(a) C onsultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) C onsultant will promptly pay any judgment rendered against the City , its officers, agents or employees for any such claims or liabilities arising out o f resulting from or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, and employees harmless therefrom;
(c) In the event the C ity, 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 resulting from or in connection with the ne gligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its offic ers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or em ployees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant sh all incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemni fy City hereunder therefore, and failure of City to monitor compliance with these pr ovisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising resulting from any negligent or wrongful act, error or omission, or reckless or wil lful misconduct of Consultant in the performance of

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 216
01225.0001/458446.1 B -2
prof essional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result 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 Ci ty’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of resulting from the negligence, recklessness or willful mis conduct of the design professional . The indemnity obligation shall be binding on suc cessors and assigns of Consultant and shall survive termination of this Agreement.

II. S ection 6.3, “ Ownership of Documents”, is hereby amended as follows (additions in bold italics):

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Co nsultant, its employees, subcontractors and agents in t he 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 b y City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for ot her pro jects and/or use of uncompleted documents without specific written authorizatio n by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’ s guarantee and warranties shall not extend to such use, re use or assignment. 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 documents 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 made for hire ” as defined in 17 U.S.C. § 101, s uch documents and materials are hereby deemed “works made for hire” for the City.

Notwithstanding the above, computer soft ware (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant. Consultant shall likewise retain all common law, statutory and other reserved rights, inc luding the copyright thereto.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 217
01225.0001/458446.1 C -1
EXHIBIT “C”
S

CHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under thi s Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

III. T he total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 218
EXHIBIT "C-1" 14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 219
01225.0001/458446.1 D -1
EXHIBIT “D”
S

CHEDULE OF PERFORMANCE
I. C onsultant shall perform all services and deliver all work products timely per direction from the Project Manager.

II. The Project Manager may approve extensions for performan ce of the services in accordance with Section 3.2.

14.13.a
New PSA for CFD Project Management & Other Related
Packet Pg. 220

Revenue: Expenditure: 5507380-43650-N7003

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM - SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT.

RECOMMENDATION
Approve a five-year agreement with the San Bernardino County Fire Protection District household hazardous waste services in the amount of $106,741.73 for Fiscal Year 2022-2023; and authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Funds are contingent on the Budget Adoption for FY 2022-2023. Sufficient funds are included in the Fiscal Year 2022-23 Waste Management Services Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
• Superior Customer Service
• Public Service Excellence through External Partnerships

14.14 NEW BUSINESS
Packet Pg. 221
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM - SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT
PAGE 2

BACKGROUND
Since 1991, the City of Chino has participated in the San B ernardino County Fire Protection District (County) Household Hazardous Waste (HHW) Collection Program. The City hosts a regional collection facility at the City’s Public Works Services Center, which can be utilized by both City and San Bernardino County re sidents. The facility is open the second and fourth Saturday of each month from 8:00 AM to 1:00 PM and is staffed by City workers who are certified in the collection of HHW. Among the items accepted are batteries, motor oil, chemical cleaners, pesticides, antifreeze, paint, electronics, and other household -generated hazardous waste.

This partnership between the City and the County ensures the community continues to have safe and convenient disposal of HHW and assists the City in meeting state requirements for waste diversion. The existing HHW contract authorizes the County to transport and dispose of the HHW received at the Chino facility from participants, as well as to train City employees with initial and refresher training related to the collection of t he HHW. The County maintains expertise on regulatory issues, acts as the legal generator and transporter of the HHW, and assumes responsibility for maintaining the necessary site permits.

ISSUES/ANALYSIS
Staff has held a discussion with the County to exte nd the existing agreement. The City of Chino’s annual payment per the new contract is as follows:

FY 2022-23 $ 106,741.73
FY 2023-24 $ 110,639.84
FY 2024-25 $ 114,974.23
FY 2025-26 $ 119,780.76
FY 2026-27 $ 125,099.99
$ 577,236.55

The County r educed the annual payments listed above by $13,200 to cover the City’s staffing costs to operate the HHW collection facility. These costs are paid for through the Sanitation Fund as a separately budgeted expenditure.

The term of the new agreement is for five years. Either party has the authority to terminate this agreement upon a written 90-day notification. The agreement has been reviewed and approved by the City Attorney.

Attachment: Household Hazardous Waste Collection Agreement

14.14 NEW BUSINESS
Packet Pg. 222
Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

San Bernardino County Fire
Protection District

Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401

Contractor City of Chino
Contractor Representative Ruben Valdez
Telephone Number (909) 334-3423
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $577,236.55
Amendment Amount
Total Contract Amount $577,236.55
Cost Center

IT IS HEREBY AGREED AS FOLLOWS:

HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT

This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Chino hereinafter referred to as the “City.”

RECITALS:

WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are ge nerated by households in the City or county and which should be separated from the solid waste stream; and,

WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,

WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,

WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe Contract Number

SAP Number

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 223
Revised 7/15/19 Page 2 of 7
management of hazardous waste; and,

WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:

WITNESSETH:

RESPONSIBILITIES AND DUTIES OF THE CITY

1. The City agrees to operate a Household Hazardous Waste Collection Facility (hereinafter referred to as “Facility”) for the District at the following location: Chino City Public Works Services Center, 5050 Schaefer Avenue, Chino, CA, in accordance with the most recent edition of the District’s “The Satellite Facilities Operations Manual”, as referred to and amended from time to time in accordance with Section 7 hereof (hereinafter referred to as “Operations Manual”). Employees of the City who have current training by the District will accept only “Household Hazardous Waste”, as defined in Title 22, section 66260.10 of the California Code of Regulations and in California Health and Safety Code section 25218.1(e). The facility will be open to County residents for collection of Household Hazardous Waste at least ten (10) hours per month, except during inclement weather and City observed holidays. The designated employees of the City will categorize, pack and label the wastes in accordance with the Operations Manual. The wastes will be stored in their original packaging (except used motor oil and used antifreeze) and placed in the District provided containers inside the waste storage area (located within the fenced area of the Facility). The City approves the Facility’s storage area(s) of ignitable and/or reactive waste designated by the District. The City approves the Facility’s traffic control which is directed by authorized staff.

2. The City shall be responsible for maintenance of the Facility, the safety of persons and materials on the property of the Facility and keeping the Facility secure. It shall not be necessary for the City to require a person to be present at all times on the site of the Facility where the waste will be stored.

3. The City shall notify and obtain approval from the District prior to making any changes in the maintenance and/or operations of the Facility. The City shall notify the District of any changes in the management of the Facility.

4. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.

5. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.

6. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.

7. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture -resistant lid, such as a plas tic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.

8. Agreement Compliance. City agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement.

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 224
Revised 7/15/19 Page 3 of 7

RESPONSIBILITIES AND DUTIES OF THE DISTRICT

9. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home -generated Sharps (HGS) , and pharmace utical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.

10. The District shall act as the generator and transporter of the Household Hazardous Wastes and shall assume responsibility for maintaining the necessary site and transportation permits. Further, the District will train City personnel and provide the Operati ons Manual, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed. The District shall continue to provide an initial 32 -hour training course for new Household Hazardous Waste personnel of the City and subsequent annual 8-hour “refresher” training course for City Household Hazardous Waste employees. If there are changes to the Operations Manual, written notification and/or special training sessions shall be provided to the City at least thirty (30) days prior to their effective date. The Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary.

11. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreemen t, all items provided by the District shall belong to the District, unless otherwise agreed upon in writing. The District will provide an Emergency Coordinator to offer support and assistance to the City during Facility operating hours excluding County observed holidays.

12. The District shall either remove the household hazardous wastes or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of wastes at an approved facility at no additional cost to the City.

13. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.

14. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.

15. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.

16. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in the District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the city or community services district will be responsible for the disposal cost of the business waste.

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 225
Revised 7/15/19 Page 4 of 7

17. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 7, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.

CONSIDERATION

18. In consideration for the services provided, City shall pay the District the following amount not to exceed $577,236.55:

Fiscal Year Annual Amount Amount per quarter
2022/2023 $106,741.73 $26,685.43
2023/2024 $110,639.84 $27,659.96
2024/2025 $114,974.23 $28,743.56
2025/2026 $119,780.76 $29,945.19
2026/2027 $125,099.99 $31,274.99

19. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract. The Annual Amount and Amount per quarter identified in Paragraph 18 includes a discount to the City of $13,200 annually, ($3,300 quarterly), to assist with staffing cost for the HHW facility.

TERM AND TERMINATION

20. This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.

21. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.

INSURANCE AND INDEMNIFICATION

22. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

23. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmle ss District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 226
Revised 7/15/19 Page 5 of 7
of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.

Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.

Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

GENERAL TERMS AND CONDITIONS

24. Representation of the District . In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.

25. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

26. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.

27. Agreement Amendments . City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.

28. Correction of Performance Deficiencies. Failure by City or District to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.

In the event of a non -cured breach, either Party may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Afford the breaching Party, thereafter, a time period within which to cure the breach, which period shall be established at sole discretion of the other Party; and/or, B. Terminate this Contract.

29. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.

30. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.

31. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the City shall notify the District within one (1) working day, in writing and by telephone.

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 227
Revised 7/15/19 Page 6 of 7

32. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.

33. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies.

34. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.

35. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.

36. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:

DISTRICT:

Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Ruben Valdez
Environmental Coordinator
Public Works Department
5050 Schaefer Ave
Chino, CA 91710

37. Entire Agreement.

A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemp oraneous agreements and understandings.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

38. This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 228
Revised 7/15/19 Page 7 of 7

IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Scott Runyan, Supervising Deputy County
Counsel

Date Date Date

SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT

(Print or type name of corporation, company, contractor, etc.)

By

Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type) By Dated:

Deputy
Address

14.14.a
Household Hazardous Waste Contract - San Bernardino
Packet Pg. 229

Revenue: Expenditure: 5207310-48005/48008/48009-WA19C

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER - OFFSITE DUAL 6" DIAMETER BRINE LINE DISCHARGE LINE, EASTSIDE WATER TREATMENT FACILITY EXPANSION PROJECT (WA19C).

RECOMMENDATION
1) Authorize an increase of $166,255.20 in construction contingency expenditures for a revised construction contingency amount of $666,25 5.20; 2) approve a construction contract change order to Norstar Plumbing and Engineering, Inc. in the amount of $377,682.67, for the Offsite Dual 6" Diameter Brine Disposal Pipeline for the Eastside Water Treatment Facility (WA19C); and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the WA19C project budget for Fiscal Year 2021-2022.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUE:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

14.15 NEW BUSINESS
Packet Pg. 230
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER - OFFSITE DUAL 6" DIAMETER BRINE LINE DISCHARGE LINE, EASTSIDE WATER TREATMENT FACILITY EXPANSION PROJECT (WA19C)
PAGE 2

BACKGROUND
The City of Chino (City) ow ns and operates the Eastside Water Treatment Facility (EWTF) located in the City of Ontario. The EWTF treats water from certain City -owned groundwater wells in the Chino Basin for nitrate and 1,2,3-trichloropropane (1,2,3-TCP). The EWTF treatment process includes Granular Activated Carbon (GAC), Ion Exchange (IX), and chlorine dosing.

On January 19, 2021, City Council awarded a construction contract for the Eastside Water Treatment Facility Phase 3 expansion of the treatment capacity at the EWTF from 3,500 gallons per minute (gpm) to 7,000 gpm which includes pre -filters, Granular Activated Carbon (GAC) vessels, and an ion exchange system.

On July 6, 2021, City Council awarded a construction contract to Norstar Plumbing and Engineering, Inc. for the offsite dual brine pipelines to convey the brine waste resulting from the treatment process from the EWTF to a lateral connecting to the Santa Ana Watershed Protection Agency’s (SAWPA) Inland Empire Utilities Agency (IEUA) Brine Line. The original approved contract amount was for $3,331,276 with authorization to spend up to $500,000 for project contingencies. The sum of the contract change orders to date are in the amount of $190,786.26 which have expended 38% of the authorized construction contingency. The three (3) amendments to the construction contract have been authorized through change orders for permitting reimbursement expenses, field modifications, and activities related to performing the Merrill Avenue segment work at night.

ISSUES/ANALYSIS
During the construction of the dual brine pipelines, the contractor encountered soils along Merrill Avenue that were determined by the Geotechnical Engineer to be unsuitable material to backfill the pipeline trench. It was determined that the unsuitable material would need to be hauled to a proper disposal site and the contractor would need to import crushed miscellaneous base (CMB) material. In an effort to prevent delays staff allowed the contractor to continue with the nighttime pipeline installation. The contracto r removed and hauled the unsuitable material and backfilled 4,210 linear feet of pipeline trench with CMB. All the quantities for this unforeseen construction activity were tracked and summarized in one change order. The brine line construction activities along Merrill Avenue were prioritized in anticipation of the roadway widening improvements on Merrill Avenue between Euclid Avenue and Bon View Avenue prompted by an Ontario development project.

Staff received a change order request for the unsuitable so il encountered during the pipeline installation from Norstar Plumbing and Engineering, Inc., Alta Loma, CA, in the amount of $377,682.67, bringing the total net change in the contract amount of $568,468.93 which exceeds the authorized contingency expenditu res. It should be noted that of the originally approved contingency by the City Council, $309,213.74 remains available and unexpended.

Staff is requesting an additional $166,255.20 in construction contingency expenditures, for a revised available and unexpended amount of $475,468.94. It is the intention of staff to process construction contract change order number four using the newly revised contingency amount.

Upon doing so, the available contingency amount will be $97,786.27 to accommodate potential future unanticipated work items (beyond those identified in change order number 4), should they arise. Such a request in contingency expenditures for unanticipated work will bring the potential total construction cost to $3,997,531.20.

14.15 NEW BUSINESS
Packet Pg. 231
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER - OFFSITE DUAL 6" DIAMETER BRINE LINE DISCHARGE LINE, EASTSIDE WATER TREATMENT FACILITY EXPANSION PROJECT (WA19C)
PAGE 3

Furthermore, the constru ction activities have progressed onto Euclid Avenue and there are potentially additional unknown contingencies that may be anticipated when dealing in the State of California's right-of-way. The original contingency was authorized at 15% which is based on the construction occurring in primarily in undeveloped areas with the potential for unknown field conditions to occur.

Included below is a table showing the overall project budget for WA19C, which is included for reference and includes previously approved costs for contracts which have already been awarded by Council, and recommended items to be approved in this staff report. It should be noted that the focus of the table is to display obligated and budgeted costs.

Category Vendor Amount Contingency Total Contract
Status
Design &
Construction
Support
Hazen &
Sawyer
$1,044,704.00 $1,044,704.00 Awarded
Construction
Management,
Testing &
Inspections
Services
TRC
Engineers
$1,546,135.23 $153,864.77 $1,700,000.00 Awarded
Project
Management
Services (PM,
Envir., Legal, etc)
Multiple $485,000.00 $485,000.00 Awarded
Ontario DIF
Payment
City of Ontario $115,146.17 $115,146.17 Awarded
Construction of
EWTF Expansion
Pacific
Hydrotech
$6,699,631.91 $616,688.09 $7,316,320.00 Awarded
ISEP System Calgon
Carbon
$2,424,086.91 $242,408.00 $2,666,494.91 Awarded
Brine Capacity
Fee
IEUA $430,000.00 $430,000.00 Awarded
Construction of
Dual Brine Line
Norstar
Plumbing
$3,331,276.00 $500,000.00 $3,831,276.00 Awarded
Additional PM Multiple $350,000.00 $91,809.60 $441,809.60 Awarded Additional
Contingency for
Dual Brine Line
Norstar
Plumbing
$166,255.20 $166,255.20 Recommended
Approval
TOTAL WA19C

PROJECT COST
$16,768,108.82 $1,540,773.86 $18,197,005.88

14.15 NEW BUSINESS
Packet Pg. 232
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER - OFFSITE DUAL 6" DIAMETER BRINE LINE DISCHARGE LINE, EASTSIDE WATER TREATMENT FACILITY EXPANSION PROJECT (WA19C)
PAGE 4

TOTAL WA19C

PROJECT
BUDGET
$19,400,401.17

Therefore, staff recommends increasing the authorized construction contingency to 20% for a revised construction contingency amount of $666,255.20, resulting in an increase of $166,255.20. Additionally, staff recommends that the City Counc il approve a construction contract change order to Norstar Plumbing and Engineering, Inc., in the amount of $377,682.67.

Attachments: Contract Change Order No. 4 - Norstar Plumbing and Engineering, Inc.

14.15 NEW BUSINESS
Packet Pg. 233
EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members

MARC LUCIO ANTHONY ARROYO
Mayor Pro Tem Interim City Manager
DATE:

PROJECT: $3,331,276.00
$190,786.26
LOCATION: $377,682.67
Kimball Ave and Schaefer Ave $3,899,744.93
TO (Contractor):

UNIT UNIT PRICE

CHANGE IN

CONTRACT
PRICE
377,682.67$
$190,786.26
568,468.93$
$377,682.67
$3,899,744.93 including the previously authorized change orders in sum of The time provided for completion in the contract is increased by 2 contract days. The completion date is 07/22/22.

This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

The sum of is hereby applied to the contract price of $3,331,276.00 and the total adjusted contract price to date thereby is $190,786.26

TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER

TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS

NET CHANGE IN CONTRACT PRICE
$ 377,682.67
Norstar Plumbing & Engineering, Inc.

THE CONTRACT IS CHANGED AS FOLLOWS:

ITEM
NO. DESCRIPTION QUANTITY

4.1 Remove and dispose of unsuitable trench backfill material on Merrill Avenue. Provide labor, equipment, trucking and disposal fees. Furnish CMB to be used for trench backfill including all related changes for the imported backfill material. Add two days (2) contract days. (PCCOR 11).

1.00 LS $ 377,682.67
WA 19C EWTF Expansion Project Phase 3 Offsite
Dual 6" Brine Line
Original Contract Amount:

Previously Authorized Contract Change Orders:

Euclid Ave, Merrill Ave, Bon View Ave between Authorized Amount For This Contract Change Order:

Adjusted Contract Amount:

CITY of CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
05/17/22 CONTRACT NO.: 2022-064 CHANGE ORDER NO: 4 13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org Page 1 of 3

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 234
EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members

MARC LUCIO ANTHONY ARROYO
Mayor Pro Tem Interim City Manager
CITY of CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
DATE: CONTRACT NO.:

ACCEPTED BY: Nathan Plummer
RECOMMENDED BY: Michael Yepiz
APPROVED BY: Natalie Avila
APPROVED BY: Amer Jakher, PE
Director of Public Works
APPROVED BY: Anthony Arroyo
ATTEST: Angela Robles
Date
Interim City Manager Date
City Clerk Date
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

Contractor Date
Construction Manager Date
Associate Engineer Date
05/17/22 2022-064 CHANGE ORDER NO: 4
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org Page 2 of 3

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 235
EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members

MARC LUCIO ANTHONY ARROYO
Mayor Pro Tem Interim City Manager
CITY of CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
DATE: CONTRACT NO.:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors? None

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File
05/17/22 2022-064 CHANGE ORDER NO: 4

REQUEST AND JUSTIFICATION FOR CHANGE
See page 1.

Will this change effect expiration or extent of insurance coverage? No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org Page 3 of 3

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 236
TRC
1935 Chicago Ave. Suite A
Riverside, California 92507
Phone: (951) 788-6028
Fax: (951) 788-8025
Project:  - Chino EWTF Offset Dual 6-in. Brineline Discharge Line 7537 Schaefer Ave.

Ontario, California 91710
Prime Contract Change Order Request #011:  Imported Backfill Material forMerrill Ave TO: Norstar Plumbing & Engineering, Inc
8780 19th Street, Suite 310
Alta Loma California, 91701
FROM:  City of Chino
13220 Central Ave.

Chino California, 91710
CHANGE ORDER REQUEST
NUMBER / REVISION:
011 / 0 PRIME CONTRACT
CHANGE ORDER:

None
STATUS:  Pending - Pricing CREATED BY: Rho Lumanog (TRC) SCHEDULE IMPACT :  DATE CREATED:1 /25/2022

CHANGE ORDER REQUEST TITLE: Imported Backfill Material for Merrill Ave

CHANGE ORDER REQUEST DESCRIPTION:

You are requested, in accordance with the contract documents, to provide a written quotation to perform work described in this change order request.

Execution of a contract change order by all parties is required to perform the work described herein.

Native material excavated from the pipe trench may be to wet to obtain required compaction, labs pending. Imported material to be used for backfill where needed.

ATTACHMENTS:

In accordance with the contract documents, please submit an itemized cost breakdown, including all necessary supporting data. If the contract time is impacted by the proposed change, timely submittal of this information to enable agreement on the magnitude and impact of this proposed change is required prior to commencement of work. Please ensure that all future correspondance regarding this issue refers to the COR number identified above.

Vali Cooper & Asssociates

SIGNATURE DATE
page 1 of 1

PCCOR #011

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 237
▪8780 19th ST # 310 ▪Alta Loma, CA 91701 ▪P (909) 481-9488 ▪F (909) 481-4608 ▪w ww.norstarpipeline.com ▪Instagram Norstarpe ▪License 633471 A, C36 2/24/22
City of Chino
13220 Central Ave.

Chino CA 91710
City of Chino Offsite Dual 6” Brine Line
RFCO NO. 10 MERRILL UNSUITABLE SOIL
1/12/22 thru 2/16/22
Please see brief explanation of the ongoing situation on Merrill Ave. with the unsuitable soil. Upon installation of the pipeline along Merrill Avenue Norstar discovered unsuitable backfill material and per direction from TRC Norstar began installing CMB in the trench line, all native spoils were disposed of at dump sites. Beginning on night shift 1/20/22 crew will track and bill per lump sum per ton price of 45$ that was agreed upon. All CMB was being stockpiled during the day. A separate RFCO will be submitted for all work performed after 12/24/22.
• Stations- 108+10 to 67+00 and 66+06 to 65+06 installed per this RFCO totaling 4,210 LF of trench

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 238
▪8780 19th ST # 310 ▪Alta Loma, CA 91701 ▪P (909) 481-9488 ▪F (909) 481-4608 ▪w ww.norstarpipeline.com ▪Instagram Norstarpe ▪License 633471 A, C36 1/12/2022 THRU 1/19/2022 WORK COMPLETED PER T&M
$60,399.97
1/20/2022 THRU 2/24/2022 WORK COMPLETED PER TON
$311,355.00
T/M work for unsuitable subgrade delay
$5,927.70
Total RFCO 10 $ 377,682.67
Com
plete backup attached
Backup for each day is attached
We request 2 days be added to our contract
*
This RFCO is for work on merill ave only from 108+10 to 67+00

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 239
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 644p 2719P 0 156.95$ 0 21.97$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
-$ TOTAL EQUIPMENT OWNED

LABOR TOTALS

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
-$ -$ -$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
1/12/22 onsite to haul off unsuitable soil
-$
20% -$
TOTAL PAGE 1 OF 2 -$

SUBTOTAL LABOR AND EQUIPMENT OWNED
-$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL -$
-$
-$
TOTAL COST OF EQUIPMENT OWNED -$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 240
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
200 tons CMB intravailla stockpilled months ago 200 13.54$ 2,708.00$ UNIT QTY EXTENDED 100 tons CAB CTI materials 100 18.00$ 1,800.00$ 95.00$ 6 570.00$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ TOTAL MATERIAL 4,508.00$ -$ 0 -$
MATERIAL MARKUP 15% 676.20$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP 5,184.20$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ 570.00$
0 -$ -$ 10% 57.00$
0 -$ -$ 627.00$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP 5,184.20$
SUBTOTAL OF MATERIAL RENTALS AND SUBS (PAGE 2) 5,811.20$ SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 -$
TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 5,811.20$ BOND 1% 58.11$
TOTAL AMOUNT THIS REQUEST 5,869.31$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
10% MARKUP

SUB CONTRACTORS WITH MARKUP
dan courville
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 241
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 6 105.83$ 634.98$ 0.0 158.75$ -$ 634.98$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 644p 2719P 6 156.95$ 0 21.97$ 941.70$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
941.70$ TOTAL EQUIPMENT OWNED

LABOR TOTALS

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
634.98$ -$ 634.98$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
1/13/22 . Operator and loader onsite for day shift to stockpile agg for night shift. 634.98$
20% 127.00$
TOTAL PAGE 1 OF 2 1,844.93$

SUBTOTAL LABOR AND EQUIPMENT OWNED
141.26$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL 1,082.96$
1,844.93$
761.98$
TOTAL COST OF EQUIPMENT OWNED 941.70$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 242
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
304 tons Cti materials CMB 304 14.84$ 4,511.36$ UNIT QTY EXTENDED 0 -$ -$ 95.00$ 6 570.00$ 0 -$ -$ 95.00$ 6 570.00$ 0 -$ -$ -$ 0 -$ 0 -$ -$ 95.00$ 6 570.00$ TOTAL MATERIAL 4,511.36$ -$ 0 -$
MATERIAL MARKUP 15% 676.70$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP 5,188.06$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ 1,710.00$
0 -$ -$ 10% 171.00$
0 -$ -$ 1,881.00$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP 5,188.06$
SUBTOTAL OF MATERIAL RENTALS AND SUBS (PAGE 2) 7,069.06$ SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 1,844.93$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 8,914.00$ BOND 1% 89.14$
TOTAL AMOUNT THIS REQUEST 9,003.13$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
10% MARKUP

SUB CONTRACTORS WITH MARKUP
dan courville
dan courville

CASTILLO TRUCKING
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 243
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 6 105.83$ 634.98$ 0.0 158.75$ -$ 634.98$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 644p 2719P 6 156.95$ 0 21.97$ 941.70$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
941.70$
SB TTL 1,082.96$
1,844.93$
761.98$
TOTAL COST OF EQUIPMENT OWNED 941.70$
634.98$
20% 127.00$
TOTAL PAGE 1 OF 2 1,844.93$

SUBTOTAL LABOR AND EQUIPMENT OWNED
141.26$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)

SUBTOTAL OF EQUIPMENT OWNED
634.98$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
1/14/22 . Operator and loader onsite for day shift to stockpile agg for night shift

TOTAL EQUIPMENT OWNED

LABOR TOTALS

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
634.98$ -$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 244
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
0 -$ -$ UNIT QTY EXTENDED
0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ TOTAL MATERIAL -$ -$ 0 -$
MATERIAL MARKUP 15% -$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP -$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ -$
0 -$ -$ 10% -$
0 -$ -$ -$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP -$
SUBTOTAL OF MATERIAL ONLY -$
SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 1,844.93$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 1,844.93$ BOND 1% 18.45$
TOTAL AMOUNT THIS REQUEST 1,863.38$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS
10% MARKUP

SUB CONTRACTORS WITH MARKUP

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 245
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 3 105.83$ 317.49$ 0.0 158.75$ -$ 317.49$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 644p 2719P 3 156.95$ 0 21.97$ 470.85$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
470.85$ TOTAL EQUIPMENT OWNED

LABOR TOTALS

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
317.49$ -$ 317.49$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
1/17/22 . Operator and loader onsite for day shift to stockpile agg for night shift 317.49$
20% 63.50$
TOTAL PAGE 1 OF 2 922.47$

SUBTOTAL LABOR AND EQUIPMENT OWNED

70.63$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL 541.48$
922.47$
380.99$
TOTAL COST OF EQUIPMENT OWNED 470.85$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 246
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
0 -$ -$ UNIT QTY EXTENDED
0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ TOTAL MATERIAL -$ -$ 0 -$
MATERIAL MARKUP 15% -$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP -$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ -$
0 -$ -$ 5% -$
0 -$ -$ -$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP -$
SUBTOTAL OF MATERIAL RENTALS AND SUBS (PAGE 2) -$
SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 922.47$
TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 922.47$ BOND 1% 9.22$
TOTAL AMOUNT THIS REQUEST 931.69$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
10% MARKUP

SUB CONTRACTORS WITH MARKUP
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 247
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED 1/19/2022 LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 2 105.83$ 211.66$ 0.0 158.75$ -$ 211.66$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 3 105.83$ 317.49$ 0.0 158.75$ -$ 317.49$ LOADER JD 644p 2719P 5 156.95$ 0 21.97$ 784.75$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
784.75$ TOTAL EQUIPMENT OWNED

LABOR TOTALS

UNSUITABLE SOIL

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
529.15$ -$ 529.15$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
work performed with unsuitabvle soil on 1/18 day shift 2 hours for loader and operatotr to stockpile agg for night shift. See attached daily. ALSO ON DAY SHIFT 3 DAN COURVILLE TRUCKS TO HAUL OFF STOCKPILE OF DIRT ON EUCALYPTUS AND GROVE AND LOADER FROM 6:30 TO 9:30 AM 3 HOURS 529.15$
20% 105.83$
TOTAL PAGE 1 OF 2 1,537.44$

SUBTOTAL LABOR AND EQUIPMENT OWNED
117.71$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL 902.46$
1,537.44$
634.98$
TOTAL COST OF EQUIPMENT OWNED 784.75$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 248
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
cti material CMB 418 14.84$ 6,203.12$ UNIT QTY EXTENDED 0 -$ -$ 95.00$ 6 570.00$ thacker dump fee NIGHT SHIFT 36 180.00$ 6,480.00$ 95.00$ 6 570.00$ THACKER DUMP FEE DAY SHIFT 27 180.00$ 4,860.00$ 95.00$ 6 570.00$ 0 -$ -$ 95.00$ 3 285.00$ TOTAL MATERIAL 17,543.12$ 95.00$ 3 285.00$ MATERIAL MARKUP 15% 2,631.47$ 95.00$ 3 285.00$ TOTAL MATERIAL WITH MARKUP 20,174.59$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ 2,565.00$
0 -$ -$ 5% 128.25$
0 -$ -$ 2,693.25$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP 20,174.59$
SUB TOTALS OF MATERIAL RENTALS ANS SUBS (PAGE 2) 22,867.84$ SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 1,537.44$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 24,405.28$ BOND 1% 244.05$
TOTAL AMOUNT THIS REQUEST 24,649.33$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
5% MARKUP

SUB CONTRACTORS WITH MARKUP
dan courville NIGHT SHIFT
dan courville NIGHT SHIFT
dan courville NIGHT SHIFT

DAN COURVILLE DAY SHIFT

DAN COUVILLE DAY SHIFT
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

DAN COURVILLE DAY SHIFT

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 249
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED 1/19/2022 LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 108.41$ -$ 0.0 162.62$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 4 105.83$ 423.32$ 0.0 158.75$ -$ 423.32$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 644p 2719P 4 156.95$ 0 21.97$ 627.80$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 105.83$ -$ 0.0 158.75$ -$ -$ EXCAVATOR CAT 330CL 0345CL 0 157.21$ 0 33.01$ -$ Teamster 0 84.78$ -$ 0.0 127.17$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.34$ -$ 0.0 125.01$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER 0 82.89$ -$ 0.0 124.34$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 0 206.63$ 0 43.39$ -$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
SUPERINTENDENT TRUCK 20-28 0 39.12$ 0 5.87$ -$ COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS X 6 x 400 4 LIGHT 0 8.04$ 0 1.21$ -$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
627.80$
SB TTL 721.97$
1,229.95$
507.98$
TOTAL COST OF EQUIPMENT OWNED 627.80$
423.32$
20% 84.66$
TOTAL PAGE 1 OF 2 1,229.95$

SUBTOTAL LABOR AND EQUIPMENT OWNED

94.17$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)

SUBTOTAL OF EQUIPMENT OWNED
423.32$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
work performed with unsuitabvle soil on 1/19 day shift 4 hours for loader and operatotr to stockpile agg for night shift. See attached daily.

TOTAL EQUIPMENT OWNED

LABOR TOTALS

UNSUITABLE SOIL

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
423.32$ -$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 250
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
CMB 418 TONS CTI 418 14.84$ 6,203.12$ UNIT QTY EXTENDED 0 -$ -$ 95.00$ 6 570.00$ thacker dump fee NIGHT SHIFT 37 180.00$ 6,660.00$ 95.00$ 6 570.00$ 0 -$ -$ 95.00$ 6 570.00$ 0 -$ -$ 95.00$ 0 -$ TOTAL MATERIAL 12,863.12$ 95.00$ 0 -$
MATERIAL MARKUP 15% 1,929.47$ 95.00$ 0 -$ TOTAL MATERIAL WITH MARKUP 14,792.59$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ 1,710.00$
0 -$ -$ 10% 171.00$
0 -$ -$ 1,881.00$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP 14,792.59$
SUBTOTAL OF MATERIAL RENTALS AND SUBS (PAGE 2) 16,673.59$ SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 1,229.95$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 17,903.54$ BOND 1% 179.04$
TOTAL AMOUNT THIS REQUEST 18,082.58$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO
0 SUB TOTAL SUB CONTRACTORS
10% MARKUP

SUB CONTRACTORS WITH MARKUP
dan courville NIGHT SHIFT
dan courville NIGHT SHIFT
dan courville NIGHT SHIFT
0 14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 251
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED 1/21/2022 LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS night RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 2 109.06$ 218.12$ 0.0 163.59$ -$ 218.12$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 109.06$ -$ 0.0 163.59$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 109.06$ -$ 0.0 163.59$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 2 106.47$ 212.94$ 0.0 159.71$ -$ 212.94$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 2 106.47$ 212.94$ 0.0 159.71$ -$ 212.94$ LOADER JD 644p 2719P 2 156.95$ 0 21.97$ 313.90$ OPERATOR 0 106.47$ -$ 0.0 159.71$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 106.47$ -$ 0.0 159.71$ -$ -$ EXCAVATOR CAT 330CL 0345CL 2 157.21$ 0 33.01$ 314.42$ Teamster 0 85.42$ -$ 0.0 128.13$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.98$ -$ 0.0 125.97$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER pipelayer 2 83.53$ 167.06$ 0.0 125.30$ -$ 167.06$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER pipelayer 2 83.53$ 167.06$ 0.0 125.30$ -$ 167.06$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER top man 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER top man 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER flagger 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER flagger 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 2 206.63$ 0 43.39$ 413.26$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 2 39.12$ 0 5.87$ 78.24$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
crew TRUCK 20-28 0 39.12$ 0 5.87$ -$
COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS 2 x 4 = 8 4 LIGHT 8 8.04$ 0 1.21$ 64.32$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
1,184.14$ TOTAL EQUIPMENT OWNED

LABOR TOTALS
milestone 1 night work
merrill ave

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
978.12$ -$ 978.12$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
night work crew encountered unsuitable soil at pipe subgrade 1/21/22 . Crew had to overexcavate pipe subgrade and install 1' of compacted CMB. This delayed entire operation drastically. Entire night aka 60lf of trench was overexcavated. Each 20 lf took crew an additonal 40 minutes to install new pipe subgrade. 2 hours for trucks being they have a 6 hour min and hauled of only 60 lf of soil. 2 hours total entire crew 978.12$
20% 195.62$
TOTAL PAGE 1 OF 2 2,535.51$

SUBTOTAL LABOR AND EQUIPMENT OWNED
177.62$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL 1,361.76$
2,535.51$
1,173.74$
TOTAL COST OF EQUIPMENT OWNED 1,184.14$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 252
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
0 -$ -$ UNIT QTY EXTENDED
0 -$ -$ 95.00$ 2 190.00$ 0 -$ -$ 95.00$ 2 190.00$ 0 -$ -$ 95.00$ 2 190.00$ 0 -$ -$ 95.00$ 2 190.00$ TOTAL MATERIAL -$ -$ 0 -$
MATERIAL MARKUP 15% -$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP -$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ 760.00$
0 -$ -$ 5% 38.00$
0 -$ -$ 798.00$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP -$
SUBTOTAL OF MATERIAL ONLY 798.00$
SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 2,535.51$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 3,333.51$ BOND 1% 33.34$
TOTAL AMOUNT THIS REQUEST 3,366.84$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
10% MARKUP

SUB CONTRACTORS WITH MARKUP
dan courville
dan courville
dan courville
dan courville
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 253
REQUEST FOR CHANGE ORDER PAGE 1 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED 1/24/2022 LOCATION:

C/O DESCRIPTION:

EQUIPMENT/OWNED EQPT NO. HRS RATE HRS STAND BY EXTENDED LABOR HRS night RATE SBTTL O/T RATE SUBTTL LABOR TTL BACKHOE JD710J 710J 0 84.50$ 0 11.83$ -$ FOREMAN/SUPER 2 109.06$ 218.12$ 0.0 163.59$ -$ 218.12$ BACKHOE CAT 430F 430FB 0 73.43$ 0 10.28$ -$ FOREMAN/SUPER 0 109.06$ -$ 0.0 163.59$ -$ -$ SKIP LOADER JD 210LE 2495 0 38.96$ 0 5.45$ -$ FOREMAN/SUPER 0 109.06$ -$ 0.0 163.59$ -$ -$ SKIDSTEER 262C/GRINDER C 0 36.51$ 0 5.11$ -$ OPERATOR 2 106.47$ 212.94$ 0.0 159.71$ -$ 212.94$ SKIDSTEER JCB 330 >50A 0 36.50$ 0 5.11$ -$ OPERATOR 2 106.47$ 212.94$ 0.0 159.71$ -$ 212.94$ LOADER JD 644p 2719P 2 156.95$ 0 21.97$ 313.90$ OPERATOR 0 106.47$ -$ 0.0 159.71$ -$ -$ LOADER JD 544K 2660K 0 100.99$ 0 14.14$ -$ OPERATOR 0 106.47$ -$ 0.0 159.71$ -$ -$ EXCAVATOR CAT 330CL 0345CL 2 157.21$ 0 33.01$ 314.42$ Teamster 0 85.42$ -$ 0.0 128.13$ -$ -$ EXCAVATOR CAT 302.5C 3025 0 27.30$ 0 5.73$ -$ LABORER/FOREMAN 0 83.98$ -$ 0.0 125.97$ -$ -$ EXCAVATOR CAT 320F 320F 0 72.40$ 0 15.20$ -$ LABORER pipelayer 2 83.53$ 167.06$ 0.0 125.30$ -$ 167.06$ EXCAVATOR CAT302.7D 3027 0 27.30$ 0 5.73$ -$ LABORER pipelayer 2 83.53$ 167.06$ 0.0 125.30$ -$ 167.06$ EXCAVATOR JD 245GLC 245G 0 99.12$ 0 20.82$ -$ LABORER top man 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR MINI VOLVO EC35C EC35C 0 27.28$ 0 5.73$ -$ LABORER top man 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR JD600 600CLC 0 280.25$ 0 58.85$ -$ LABORER flagger 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR JD200LC 1745 0 87.20$ 0 18.31$ -$ LABORER flagger 0 83.53$ -$ 0.0 125.30$ -$ -$ EXCAVATOR PC138US 138U10 0 64.10$ 0 13.46$ -$ EXCAVATOR PC490LC 490LC11 2 206.63$ 0 43.39$ 413.26$ EXCAVATOR JCB 80 0300 0 51.16$ 0 10.74$ -$
DUMP TRUCK VOLVO 2AXL 0 50.64$ 0 10.63$ -$
DUMO TRUCK PETERBUILT 3AXL 0 66.97$ 0 14.06$ -$ INTERSTATE TRAILER 300 0 20.53$ 0 4.31$ -$ WATER TRUCK 20-28 0 39.12$ 0 5.87$ -$
ASPHALT ZIPPER 0155 0 275.53$ 0 38.57$ -$
CREW TRUCK 20-28 2 39.12$ 0 5.87$ 78.24$
CREW TRUCK 20-28 0 39.12$ 0 5.87$ -$
TRAFFIC TRUCK 20-28 0 39.12$ 0 5.87$ -$
crew TRUCK 20-28 0 39.12$ 0 5.87$ -$
COLD MILLING MACHINE WIRTGEN 0395 0 327.83$ 0 45.90$ -$ SAKAI ROLLER 8051 0 81.26$ 0 16.25$ -$
HAMM HD8 ROLLER HD8VV 0 48.49$ 0 9.70$ -$ BOMAG BW120AD ROLLER 4169 0 31.99$ 0 5.76$ -$ SWEEPER/BROOM SELF PROP ALL 0 41.94$ 0 7.55$ -$ VACTRON VERMEER LP573 LP573SDT 0 57.80$ 0 8.09$ -$ COMPACTOR 0-250 0 3.78$ 0 0.79$ -$
TRAFFIC CONES/SIGNS(PER 100) D100 0 24.90$ 0 17.93$ -$ TACK POT - 0 -$ 0 -$ -$
LITE TOWERS 2 x 4 = 8 4 LIGHT 8 8.04$ 0 1.21$ 64.32$ K-RAIL(20LF) 0820 0 0.48$ 0 0.48$ -$
MESSAGE BOARDS SOL2 0 11.75$ 0 4.35$ -$
ARROWBOARDS TM 0 3.18$ 0 1.18$ -$
PUMPS/HOSES 050-125 0 25.73$ 0 9.52$ -$
GENERATOR 025-050 0 13.00$ 0 1.95$ -$
1,184.14$ TOTAL EQUIPMENT OWNED

LABOR TOTALS
milestone 1 night work
merrill ave

TOTAL COST OF LABOR
SB TTL
EQUIPMENT MARKUP (% OF Total) 15%
978.12$ -$ 978.12$
OFFISTE DUAL 6" BRINE LINE

CITY OF CHINO
0% -$
night work crew encountered unsuitable soil at pipe subgrade 1/24/22 . Crew had to overexcavate pipe subgrade and install 1' of compacted CMB. This delayed entire operation drastically. 60lf of trench was overexcavated. Each 20 lf took crew an additonal 40 minutes to install new pipe subgrade. 2 hours total whole crew 978.12$
20% 195.62$
TOTAL PAGE 1 OF 2 2,535.51$

SUBTOTAL LABOR AND EQUIPMENT OWNED
177.62$

SUBTOTAL OF LABOR
LABOR MARKUP (% OF Total)
SUBTOTAL OF EQUIPMENT OWNED SB TTL 1,361.76$
2,535.51$
1,173.74$
TOTAL COST OF EQUIPMENT OWNED 1,184.14$

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 254
REQUEST FOR CHANGE ORDER PAGE 2 OF 2
8780 19th Street No. 310
Alta Loma, CA 91701
P. (909) 481-9488
F. (909) 481-4608
PROJECT:

OWNER:

REQUEST NO REFERENCE RFD #
DATE PREPARED LOCATION:

CHANGE ORDER DESCRIPTION: SEE PAGE ONE

MATERIAL SUB CONTRACTORS
0 -$ -$ UNIT QTY EXTENDED
0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ 0 -$ -$ -$ 0 -$ TOTAL MATERIAL -$ -$ 0 -$
MATERIAL MARKUP 15% -$ -$ 0 -$ TOTAL MATERIAL WITH MARKUP -$ -$ 0 -$ RENTALS -$ 0 -$
0 -$ -$ -$
0 -$ -$ 5% -$
0 -$ -$ -$
0 -$ -$
TOTAL RENTALS -$
RENTAL MARKUP 15% -$
TOTAL RENTALS WITH MARKUP -$
MATERIAL AND RENTAL TOTALS WITH MARKUP -$
SUBTOTAL OF MATERIAL ONLY -$
SUBTOTAL OF LABOR / EQUIPMENT ONLY FROM PAGE 1 2,535.51$ TOTAL MATERIAL / EQUIPMENT / LABOR & SUBS PAGE 1 & 2 2,535.51$ BOND 1% 25.36$
TOTAL AMOUNT THIS REQUEST 2,560.86$
Updated 6/1/2021
Rev. Labor rate increased 07/01/2021
10% MARKUP

SUB CONTRACTORS WITH MARKUP
OFFSITE DUAL 6" BRINE LINE

CITY OF CHINO

SUB TOTAL SUB CONTRACTORS

14.15.a
Contract Change Order: WA19C - Brine Line Construction
Packet Pg. 255

Revenue: 100-24215 Expenditure: 1007000-40000- D4215 ..

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AMENDMENT TO REIMBURSEMENT AGREEMENT AND AWARD A

CONSTRUCTION CONTRACT FOR THE RELOCATION OF UTILITIES IN THE PRADO DAM INUNDATION AREA.

RECOMMENDATION
1) Approve Amendment No.1 to the Reimbursement Agreement with the Orange County Flood Control District for the relocations of utilities in the Prado Dam Inundation Area; 2) appropriate $544,108.00 from the reserves of the General Fund for the Watertight Sewer Manhole and Streetlight Connections Retrofit Project, in which it will be offset by a reimbursement; 3) award a construction contract in the amount of $392,700.00 to C.P. Construction Co., Inc. for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project; 4) authorize expenditures of up to $39,270.00 for construction management and inspection costs and $39,270.00 for construction contingencies; 5) authorize a vendor cap increase for Fiscal Year 2021-2022 by $431,970.00.00 for C.P. Construction Co., Inc. to equal a total not-to-exceed amount of $2,465,271.00; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $544,108.00 from the General Fund reserves. There will be an offsetting reimbursement from the Orange County Flood Control District. Once the project is complete, the City will abate the expenditures with the reimbursement. The City has already received $240,000.00 from the Orange County Flood Control District to be applied towards the project.

The City is still due up to $304,108.00 in reimbursement for actual expenditures related to the project.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Public Service Excellence through Internal and External Partnerships

14.16 NEW BUSINESS
Packet Pg. 256
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: AMENDMENT TO REIMBURSEMENT AGREEMENT AND AWARD A

CONSTRUCTION CONTRACT FOR THE RELOCATION OF UTILITIES IN THE PRADO DAM

INUNDATION AREA
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 th e Orange County Flood Control District (“OCFCD”) 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, potable and recycled water, a sewer lift station, and streetlights.

On December 21, 2021, the City Council approved a Reimbursement Agreement with the OCFCD for the relocation of utilities in the Prado Dam Inundation Area. The Reimbursement Agreement outlines the parameters in which the OCFCD is exclusively responsible for all costs and expenses that are deemed eligible project costs. Any costs incurred by the City of Chino related to the relocation of utilities in which the City holds the property r ights over the OCFCD are considered eligible project costs subject to reimbursement. It should be noted that the City has already received $240,000.00 from the OCFCD to be applied to the project. To quickly mobilize efforts toward the project, staff advert ised an Invitation for Bids (IFB#20227003) on January 26, 2022. On February 22, 2022, the City received one (1) bid from C.P. Construction Co., Inc. However, staff considered the bid to be non -responsive since C.P. Construction Co., Inc., did not submit th e required bid packet documents such as the bid bond and a detailed bid schedule for the proposed work. On March 15, 2022, the City Council rejected the lone bid and authorized staff to re-bid the project on March 16, 2022.

ISSUES/ANALYSIS
On March 16, 2022, an Invitation for Bids (IFB# 20227006) was advertised on PlanetBids and in the local newspaper for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project. On April 5, 2022, the City received one (1) bid with the following result:

Company Name City Bid Amount
C.P. Construction Co., Inc. Upland, CA $392,700.00

C.P. Construction Co., Inc., Upland, CA, was deemed the lowest and most responsive bidder.

References have been verified and indicate that this vendor has the kn owledge and experience required to perform the services requested in the bid specifications.

The estimated construction costs for the project are below:

Watertight Sewer Manhole and Streetlight Connections Retrofit Project Estimate Construction $392,700.00
Construction Management and Inspection (10%) $39,270.00 SUBTOTAL COST $431,970.00

14.16 NEW BUSINESS
Packet Pg. 257
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: AMENDMENT TO REIMBURSEMENT AGREEMENT AND AWARD A

CONSTRUCTION CONTRACT FOR THE RELOCATION OF UTILITIES IN THE PRADO DAM

INUNDATION AREA
PAGE 3

Construction Contingencies (10%) $39,270.00
ESTIMATED CONSTRUCTION COSTS $471,240.00

The bid submitted by C.P. Construction Co., Inc., along with the necessary const ruction expenses exceeded the initial cost estimate developed by staff and provided to the OCFCD to develop the Reimbursement Agreement. Since the initial Reimbursement Agreement with the OCFCD permitted the City to seek reimbursement for costs up to $323, 574.00, staff contacted OCFCD, seeking an amendment to the reimbursement agreement to cover the additional costs beyond those originally agreed upon. Staff completed discussions with OCFCD regarding an amendment and it was agreed upon that the City is elig ible to receive reimbursement for costs up to $544,108.00 for the relocation of such utilities. It should be noted that the relocation of utilities also includes retrofitting of 11 Air Vacs which are not included in C.P. Construction Co., Inc.’s schedule of work. The 11 Air Vacs will be purchased by the Public Works Water Division staff and installed by staff themselves. The City will also seek reimbursement for such expenses related to the retrofitting of the Air Vacs.

Therefore, staff recommends that the City Council award a construction contract to CP Construction Co., Inc., Upland, CA for the Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project. Staff also recommends authorization of expenditures of up to $39,270.00 for construction management and inspection costs and $39,270.00 for construction contingencies. In addition, staff recommends a vendor cap increase by $431,970.00 for C.P.

Construction Co., Inc. to equal a total not -to-exceed amount of $2,465,271.00 for Fiscal Year 2021-22. Staff further recommends that the City Council approve Amendment No.1 to the Reimbursement Agreement with the Orange County Flood Control District, enabling the City to seek reimbursement for costs up to $544,108.00, including $240,000.00 in previ ously advanced payments to the City.

Attachment: Construction Contract - C.P. Construction Co., Inc.

Reimbursement Agreement Amendment No. 1 - Orange County Flood Control District

14.16 NEW BUSINESS
Packet Pg. 258

Contract No.:

Approved:

AGREEMENT

Watertight Sewer Manhole Assembly and Streetlight Connections Retrofit Project

THIS AGREEMENT is made and entered into this 19th day of April, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and C.P. Construction Co., Inc. hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Retrofit for Sewer Manholes and S treetlights Within the Prado Dam S pillway Area “Watertight Sewer Manhole Assembly and S treetlight Connections Retrofit Project” Project No. D4215 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Hundred Ninety-Two Thousand Seven Hundred Dollars and Zero Cents ($392,700.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within twenty-one (21) working days (by June 30, 2022). If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, pla ns, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense,

14.16.a
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 259
cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provi sion of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

14.16.a
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 260

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works

C.P. CONSTRUCTION CO., INC.

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Anthony Arroyo, Interim City Manager

ATTEST:

Angela Robles, City Clerk

Date

14.16.a
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 261

Amendment No. 1 to Reimbursement Agreement

This Amendment No. 1 to the Reimbursement Agreement (“ Amendment”) is entered into as of ___________, 2022, by and between

The ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic,
hereinafter referred to as “DISTRICT,”
And
The CITY OF CHINO, a municipal corporation,
hereinafter referred to as “CITY,”

which are sometimes individually referred to as a “PARTY,” or collectively to as “PARTIES.”

Whereas, the Parties previously entered into that Reimbursement Agreement for the Santa Ana River – Prado Dam (“ Project”) dated as of January 11, 2022 (" Agreement”), wherein the CITY committed to implementing certain relocations prio r to award of the spillway construction contract for the Project.

Whereas, the Parties desire to amend th e Agreement to substitute the attached Exhibit C to
this Amendment in place of the original Exhibit C (“ Scope of Work & Cost Estimates”), and to revise Sections 1 and 5(a) as set forth herein.

NOW, THEREFORE, in consideration of the above, the Parties agree as follows:

1. Definitions. Unless otherwise defined herein, a ll capitalized terms contained herein shall have the same meanings as given to them in the Agreement.

2. Change to Section 1 (Scope of Work) to Ag reement. Section 1 (Scope of Work) to the Agreement is hereby deleted in its entirety, and is replaced with the following:

“1. SCOPE OF WORK

This Project will require that certain of CITY’s facilities within the Project Location, to be modified, protected in place and/or relocated by June 30, 2022 (hereinafter “Completion Date”).

The Scope of Work for this Agreement is as indicated on the attached Exhibit C (“Scope of Work & Cost Estimates”) for completion in accordance with the “Approved Plans” as defined below.

3. Change to Exhibit C (“Scope of Work & Cost Es timates”) to Agreement. The original Exhibit C (“Scope of Work & Cost Estimates”) attached to the Agreement is hereby delete d in its entirety and is replaced by the attached Exhibit C to this Amendment.

4. Change to Section 5 (a) (Initial Cost Estimate) to Agreement. Paragraph (a) of Section 5 to the Agreement is hereby deleted in its entirety, and is replaced with the following:

“5
a. Initial Cost Estimate. The total estimated value for Eligible Project Costs for the work on CITY Facilities per this Agreement for the Facilities Work as reflected in the Scope of Work listed on Exhibit C, for which the District is responsible is $544,108 (the ‘Initial Cost Estimate’) including previously paid advance payments to the CITY which total $40,000 for utility assessment and $200,000 for initial deposit.”

14.16.b
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 262

5. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall consti tute one and the same instrument.

The exchange of copies of this Amendment and of signature pages by facsimile transmission, Portable Document Format (i.e., PDF) or by other electronic means constitutes effective execution and delivery of this Amendment as to the Parties and may be used in lieu of the original Amendment for all purposes. This Amendment may be executed by the Parties by way of an electronic signatures, in which case, said electronic signatures shall have the same force and effect as a written signature.

5. No Other Changes; Ratification. Except as expressly set fort h in this Amendment, all other terms and conditions of the Agreem ent shall remain unchan ged and in full force and effect, and the Agreement, as amended, is hereby ratified by the Parties.

14.16.b
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 263

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year first hereinabove written.

CITY OF CHINO,
a municipal corporation

Date: ____________________________ By: ___________________________________ City Manager

APPROVED AS TO FORM
CITY ATTORNEY
Attest: CHINO, CALIFORNIA

By: _____________________________ By: ____________________________________ City Clerk Date City Attorney Date

ORANGE COUNTY FLOOD
CONTROL DISTRICT,
a body corporate and politic

Date: ____________________________ By: ___________________________________ Director of OC Public Work or designee
Pursuant to Minute Order 10/06/2020

APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA

By: ______________________________
Deputy Date

5-4-22

14.16.b
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 264

EXHIBIT C

SCOPE OF WORK & COST ESTIMATES

CITY OF CHINO
May 3, 2022

Manhole and Streetlight Retrofits costs based on actual bid received.

ITEM
NO. DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST

1. Remove and dispose of asphalt cap and concrete ring
per City of Chino Standard Drawing No. 535 34 EA $1,000.00 $34,000.00

2. Adjust manhole rings to fit new manhole assembly to
existing grade. 34 EA $2,000.00 $68,000.00

3. Install new watertight manhole assembly (Frames and
Covers) from Alhambra Foundry Co. No. A-1250B or
approved equal with City of Chino label on cover per
City of Chino Standard Drawing No. 540.
34 EA $5,000.00 $170,000.00

4. Install PCC paving ring 560-C-3250 same day as
excavation per City of Chino Drawing No. 535 34 EA $300.00 $10,200.00

5. Install 1’ x 1½” asphalt concrete class D2-PG-64-10
no later than 72 hours after the cover has been raised
to grade with tack coat edge per City of Chino
Standard Drawing No. 535.
34 EA $1,000.00 $34,000.00

6. Flood Control Streetlight Mapping Project 1 LS $15,000.00 $15,000.00

7. Waterproof connections in each affected vault and
move overloads into head of each pole. 1 LS $25,000.00 $25,000.00

8. Mobilization and demobilization 1 LS $20,000.00 $20,000.00

9. Implementation of Traffic Control per the current
WATCH Manual 1 LS $1,500.00 $1,500.00

10. Implementation of BMP’s for water pollution control (BMP’s) 1 LS $15,000.00 $15,000.00
Construction Subtotal $392,700.00
Const. Contingency 10.00% $39,270.00
Construction Total $431,970.00
Administrative Costs, Construction Management & Inspection 10.00% $39,270.00 Project Total $471,240.00
Construction Cost Estimate $471,240.00

Air Vacs Retrofit Cost Estimate
NO. DESCRIPTION OF ITEM QUANTITY UNIT UNIT COST TOTAL COST

1. Installation & Traffic Control by C ity Staff 1 LS $3,500.00 $3,500.00

2. 1" ValMatic Floodsafe Inflow Preven ter, model #1301 3 EA $1,715.00 $5,145.00

3. 2" ValMatic Floodsafe Inflow Preven ter, model #1302 8 EA $2,026.00 $16,208.00 Construction Subtotal $24,853.00
Const. Contingency 15.00% $3,727.95
Construction Total $28,580.95
Administrative Costs, Construction Management & Inspection 15.00% $4,287.14 Project Total $32,868.09
Preliminary Project Estimate $32,868

PAGE 1 OF 2

14.16.b
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 265

Total Preliminary Project Cost Estimate for Retrofit of City of Chino Facilities NO. DESCRIPTION TOTAL COST

1. Manhole and Streetlight Retrofit (Per actual bid) $471,240.00

2. Air Vacs Retrofit $32,868.00

3. Prado Basin Utility Assessment (Initia l Deposit – advanced payment) $40,000 Total Preliminary Project Cost Estimate $544,108.00
Total Net Project Cost Estimate $504,108.00

PAGE 2 OF 2

14.16.b
Award of Contract: D4215 - Watertight Sewer Manhole
Packet Pg. 266

Revenue: Expenditure:3207100-40003-MS202/3277102-48006-ST221

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACT - MS202 AND ST221 CHINO AVENUE AND NORTON AVENUE ACCESSIBILITY IMPROVEMENT PROJECT.

RECOMMENDATION
1) Approve a Transportation Fund (320) budget transfer of $175,000.00 from project ST173 to project MS202; 2) approve an increase of $175,000.00 to project MS202; 3) award a construction contract in the amount of $446,249.00 to EBS General Engineering, Inc., Corona, CA, for Chino Avenue and Norton Avenue Accessibility Improvement Project MS202 and ST221; 4) authorize expenditures of up to $44,624.90 for construction management, $22,312.45 for inspection costs, and $44,624.90 for project contingencies; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires a budget transfer from project ST173 in the amount of $175,000 to project MS202.

There is sufficient project balance in the project ST173 to process the transfer.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

14.17 NEW BUSINESS
Packet Pg. 267
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: AWARD OF CONTRACT - MS202 AND ST221 CHINO AVENUE AND NORTON

AVENUE ACCESSIBILITY IMPROVEMENT PROJECT
PAGE 2

BACKGROUND
The scope of work for the Chino Avenue (MS202) and Cul-de-sac Norton Avenue Project (ST221) includes reconstruction of the curb ramps along Chino Avenue between Benson Avenue and Oaks Avenue as well as the construction of sidewalk and curb ramps at the Norton Avenue Cul-de-sac just north of the State Route 60 freeway. Completing these improvements will provide safe and compliant crosswalks, sidewalks, and curb ramps.

On April 4, 2022, staff published a formal Notice Inviting Bids (IFB 20227004) via the City’s PlanetBids website and a notice was also adverti sed on the Chino Champion newspaper. On April 26, 2022, at 10:00 a.m., four (4) bids were received and opened with the following results:

Company Name City Bid Amount
EBS General Engineering, Inc. Corona, CA $446,249.00
CT&T Concrete Paving, Inc. Diamond Bar, CA $460,629.75
Garcon Construction Ontario, CA $478,175.44
Gentry General Engineering,
Inc.

Rancho Cucamonga, CA $498,420.00

ISSUES/ANALYSIS
Although the projects have separate budgets, they were combined and advertised as a single project to ob tain better pricing. The estimated construction expenditure is shown on the tables below:

Project No. MS202
Project Task Budget Amount
Construction Cost $314,647.00
Construction Contingency (10%) $31,464.70
Construction Management (10%) $31,464.70
Inspection (5%) $15,732.35
Estimated Total $393,308.75

Project No. ST221
Project Task Budget Amount
Construction Cost $131,602.00
Construction Contingency (10%) $13,160.20
Construction Management (10%) $13,160.20
Inspection (5%) $6,580.10
Estimated Total $164,502.50

The apparent low bidder, EBS General Engineering, Inc., Corona, CA, is properly licensed and is deemed to be the lowest responsive and responsible bidder with a base bid in the amount of $446,249.00. In addition, staff is requesting auth orization to spend up to $44,624.90 (10%) in contingency costs, for a potential contract amount not -to-exceed $490,873.90. Staff further

14.17 NEW BUSINESS
Packet Pg. 268
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: AWARD OF CONTRACT - MS202 AND ST221 CHINO AVENUE AND NORTON

AVENUE ACCESSIBILITY IMPROVEMENT PROJECT
PAGE 3

recommends authorizing $44,624.90 (10%) for construction management costs and $22,312.45 (5%) for inspection costs.

It should be noted that this project has been found to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Article 19, Section 15301, Class 1, Existing Facilities, which consists of mino r alterations to existing streets and highways.

Attachments: Construction Contract - EBS General Engineering, Inc.

14.17 NEW BUSINESS
Packet Pg. 269

Contract No.:

Approved:

Chino Avenue Accessibility and Curb Ramp Improvements
at
16th, 17th and 19th Streets
Project No.: MS – 202
and
Norton Avenue PCC Walk and Curb Ramps
Project No.: ST – 221

AGREEMENT

THIS AGREEMENT is made and entered into this 17TH day of May, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and EBS General Engineering, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project Chino Avenue Accessibility and Curb Ramp Improvements at 16th, 17th and 19th Streets Project No.: MS – 202 and Norton Avenue PCC Walk and Curb Ramps Project No.: ST – 221 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Four Hundred Forty-Six Thousand Two Hundred Forty-Nine Dollars and Zero Cents ($446,249.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within fifty five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within forty five (45) working days. If the work is not completed within said time period, liquidated damages shall apply.

14.17.a
Award of Contract - MS202 and ST221 Chino Avenue and
Packet Pg. 270
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall

14.17.a
Award of Contract - MS202 and ST221 Chino Avenue and
Packet Pg. 271
be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not v iolate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works

EBS General Engineering, Inc.

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Anthony Arroyo, Interim City Manager

ATTEST:

Angela Robles, City Clerk

Date

14.17.a
Award of Contract - MS202 and ST221 Chino Avenue and
Packet Pg. 272

Revenue: Expenditure: 1002000-43300-N2024

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: MARC LUCIO, MAYOR PRO TEM

SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.

RECOMMENDATION
Approve community support fund contributions to: Chino Youth Boxing ($800), UCHOOZ Positive Youth ($500), American Little League of Chino ($500), Chino Pop Warner Football ($500), Chino Girls Fastpitch Softball ($500), Chino High School Wrestling ($500), and Rancho del Chino Rotary Club ($200).

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2021-22 Operating Budget.

15.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 273
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: COMMUNITY SUPPORT 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 community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Lucio recommends that the City Council app rove the following contributions:
• Chino Youth Boxing - $800: Helps teach and develop self-esteem, self -respect, character, discipline, and a sense of personal pride through boxing. • UCHOOZ Positive Youth – $500: Provides positive activities and support for youth in and around the Downtown Chino area.
• American Little League of Chino - $500: Provides a safe environment for Chino youth to learn to play baseball while also developing leadership and teamwork skills. • Chino Pop Warner - $500: Helps teach teamwork, leadership, character, and sportsmanship through an organized football league.
• Chino Girls Fastpitch Softball - $500: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball.
• Chino High School Wrestling - $500: Teaches self -discipline, develops self -esteem, builds character, and creates a sense of pride for Chino High School through its organized wrestling team.
• Rancho del Chino Rotary Club in support of Bingo Night - $200: Offers fun community events with proceeds earmarked to support community goals and initiatives.

By approving th ese contributions, these groups will be better equipped to provide services to our community and our youth . Therefore, as proposed by Mayor Pro Tem Lucio , staff recommends that the City Council approve the community support contributions to: Chino Youth Boxing, UCHOOZ Positive Youth, American Little League of Chino, Chino Pop Warner, Chino Girls Fastpitch Softball, Chino High School Wrestling, and Rancho del Chino Rotary Club Bingo Night.

15.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 274

Revenue: Expenditure: 1002000-43300-N2024

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 17, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: WALT POCOCK, COUNCIL MEMBER

SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.

RECOMMENDATION
Approve community support fund contributions to: Chino Police Officers Foundation ($600); Chino Valley Fire Foundation, Inc. ($600); Chino Youth Museum ($700).

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2021-22 Operating Budget.

15.19 MAYOR AND COUNCIL REPORTS
Packet Pg. 275
COUNCIL MEETING DATE: MAY 17, 2022
SUBJECT: COMMUNITY SUPPORT 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 community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Pocock recommends that the City Council app rove the following contributions:
• Chino Police Officers Foundation - $600: Dedicated to offer support to families and youth in the community.
• Chino Valley Fire Foundation, Inc. – $600: Help people during difficult times w hile promoting a range of fire and life safety messages to the community. • Chino Youth Museum - $700: Provides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today.

By approving th ese contributions, these groups will be better equipped to provide services to our community and our youth . Therefore, as proposed by Council Member Pocock , staff recommends that the City Council approve the community support contributions to: Chino Police Officers Foundation, Chino Valley Fire Foundation, Inc., and Chino Youth Museum.

15.19 MAYOR AND COUNCIL REPORTS
Packet Pg. 276