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 Sp eak” form (name and address optional) which is availab le 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 distribut ed 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. In add ition, such documents will be posted on the Cit y’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 JUNE 21, 2022
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.
FLAG SALUTE
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report June 2022
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council abou t subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CHINO CITY COUNCIL
JUNE 21, 2022 2
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as a udited and within budget for warrants 760401 to 760500, 76501 to 76593, and Electronic Fund Transfers 515322E to 515396E, totaling $2,870,259.84.
2. Minutes
a. Minutes. Regular Meeting of June 7, 2022 (All Members Present) b. Minutes. Special Meeting of June 7, 2022 at 5:00 p.m. (All Members Present) c. Minutes. Special Meeting of June 7, 2022 at 9:00 a.m. (All Members Present) d. Minutes. Special Meeting of June 14, 2022 (All Members Present)
3. Elected City Officials’ Report Regarding Travel, Training, a nd Meetings. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Police Department Hiring Incentives Update . Adopt Resolution No. 2022 -040, rescinding and replacing Resolution No. 2 020-007, and amending Resolution No. 1985 -054 relating to the police department hiring incentives.
5. Award of Contract - Citation Processing Services . Award a contract to Data Ticket, Inc., Newport Beach, CA for citation processing services in the amount of $79,200 per year, with two additional one-year renewal options.
6. Authorize Contract Amendment and Increase Budget and Vendor Cap - Atkinson, Andel son, Loya, Ruud, Romo. Authorize an $80,000 appropriation and vendor cap increase for Atkinson, Andelson, Loya, Ruud, Romo for legal services for a total amount not to exceed $265,000 for the FY 2021-22.
7. Vendor Cap Increase - CliftonLarsonAllen LLP. Approve a vendor cap increase and a contract amendment with CliftonLarsonAllen LLP, bringing the total amount to $60,315 for audit services.
8. Vendor Cap Increase - Kimco Staffing Services, Inc.. Approve a vendor cap increase to Kimco Staffing Services, Inc., Los Angeles, CA for temporary staffing services assigned to the Public Works Department.
9. Professional Services Agreement for Engineering and Design Services - Project No. WA224 .
Award a Professional Services Agreement with HR Green Pacific, Inc ., Corona, CA for Engineering Design and Bid Support Services for B Street Water Main Line Replacement , Project No. WA224.
M _____ S _____ RC _____
NEW BUSINESS
10. Fiscal Year 2022 -23 City Budget and Appropriations Limit . Adopt Resolution Nos. 2022 -042, 2022-043, and 2022 -044, approving and adopting the City Budget for Fiscal Year 2022 -23, approving and setting the Appropriations Limit for Fiscal Year 2022 -23; and approving amendments to the City's Classification and Salary schedule.
CHINO CITY COUNCIL
JUNE 21, 2022 3
Staff Report by : Anthony Arroyo, Interim City Manager/Director of Human Resources/Risk Management.
RECOMMENDATION: 1) Adopt Resolution No. 2022 -042, approving and adopting the City Budget for Fiscal Year 2022 -23; 2) adopt Resolution No. 2022 -043, approving and setting th e Appropriations Limit for Fiscal Year 2022 -23; 3) adopt Resolution No. 2022 -044, approving amendments to the City's Classification and Salary schedule; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
11. Reclassification and Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022 -045, amending the City's classification and salary schedule to reclassify positions.
Staff Report by: Debbie Pacheco, Acting Director of Human Resources/Risk Manager.
RECOMMENDATION: Approve the reclassification of the position of Management Assistant to Council Liaison; part -time Management Aide to full -time Human Resources Technician; Management Analyst to Senior Management An alyst; Projects Manager to Parks & Capital Projects Manager; and vacant Assistant Public Works Service s Manager to Public Works Supervisor.
M _____ S _____ RC _____
12. Annual Contract Amendments/Renewals and Purchase Orders . Authorize the City Man ager to enter into annual contract amendments or renewals, and to issue blanket purchase orders for Fiscal Year 2022-2023.
Staff Report by: Rob Burns, Director of Finance.
RECOMMENDATION: Authorize the Interim City Manager to enter into these annual contra ct amendments or renewals, issue blanket purchase orders, and execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
13. Award Professional Services Agreement for the Comprehensive General Plan Update and Environmental Impact Report. Award A New Professional Services Agreement to Dyett & Bhatia for Fiscal Year 2022-2023 for the Development Services Department.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Award a Professional Services Agreement to Dyett & Bhatia, Oakland CA in the amount of $1,609,597 for the Comprehensive Ge neral Plan Update and Environmental Impact Report, and other related services; 2) authorize up to $80,480 (5%) in project contingencies for a total potential agreement amount of $1,690,077; 3) authorize up to two, one-year contract extensions; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
14. Amendment to Profes sional Services Agreement - General Plan Check and Other Related Engineering Services (ERSC). Approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA in the amount of $100,000 or a total contract amount not to exceed $560,000 for general plan check and other related engineering services through June 30, 2022.
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JUNE 21, 2022 4
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Appropriate $100,000 from the unapp ropriated reserves of the General Fund with a corresponding increase to the General Fund revenue by the same amount; 2) approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA in the amou nt of $100,000 for a total contract amount not to exceed $560,000 for general plan check and other related engineering services through June 30, 2022; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
15. Award Professional Services Agreements for the Development Services Department - Building Code Services, Inc. Award New Professional Services Agreement to Building Code Services, Inc. for Fiscal Year 2022-2023 for the Development Services Department.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: Award a Pr ofessional Services Agreement to Building Code Services, Inc., Irvine, CA in the amount not to exceed $400,000 for building plan check 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 _____
16. Award of Contract - Citywide Traffic Signal Maintenance Services. Award a contract to Yunex, LLC., Riverside, CA in the amount of $1,400,000 for citywide traffic signal ma intenance services.
Staff Report by: Dennis Ralls, Transportation Manager.
RECOMMENDATION: 1) Award a contract to Yunex, LLC., Riversi de, CA in the amount not to exceed $1,400,000 for routine preventative maintenance and extraordinary repair work to the traffic signal system; 2) authorize option to extend for an additional four (4) consecutive one (1) year extensions to a maximum of five (5) total years; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
17. Local Roadway Safety Plan. Present the Draft Local Roadway Safety Plan.
Staff Report by: Dennis Ralls, Transportation Manager.
RECOMMENDATION: Review, discuss and provide feedback on the draft City of Chino Local Roadway Safety Plan.
M _____ S _____ RC _____
18. Award of Contract - Public Parks Restroom Facilities and Canopy Cleaning . Award an agreement for s ervices to Guaranteed Janitorial Services, Inc., Chino, CA in the amount of $203,047.52 for Public Parks Restroom Facilities and Canopy Cleaning.
Staff Report by: David McAbee, Public Works Services Manager.
RECOMMENDATION: 1) Award an Agreement for Services to Guaranteed Janitorial Services, Inc., Chino, CA, in the amount of $203,047.52 for Public Parks Restroom Facilities a nd Canopy Cleaning; 2) approve expenditures of $20,000.00 for extraordinary work for a potential annual agreement amount not -to-exceed $223,047.52; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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JUNE 21, 2022 5
M _____ S _____ RC _____
19. Award of Contract - SD223 Storm Drain Rehabilitation FY2021 -22 Mountain Avenue at Chino Avenue. Award a contract to Bonadiman Water, Inc., Riverside, CA, in the amount of $1,196,690 for project SD223 - Storm Drain Rehabilitation FY2021 -22 Mountain Avenue at Chino Avenue.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Award a construction contract in the amount of $1,196,690 to Bonadiman Water Inc., Riverside, CA for Project SD223 Storm Drain Rehabilitation FY20 21-22 Mountain Avenue at Chino Avenue; 2) authorize expenditures of up to $119,669 for construction contingencies, $59,835 for inspection costs, and $119,669 for construction management; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
20. Introduction of Ordinance No. 2022 -011. Approve the introduction of Ordinance No. 2022 -011 relating to Assembly Bill (AB) 1276 regulating the single -use foodware accessories and standard condiments.
Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: Approve the introduction of Ordinance No. 2022-011, regarding Assembly Bill 1276, regulating the single -use foodware accessories and standard condiments with reading by title only and waiving further reading of the ordinance.
ORDINANCE NO. 2022-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO DESIGNATING THE
COUNTY OF SAN BERNARDINO AS ENFORCEMENT AGENCY FOR THE
IMPLEMENTATION OF AB 1276 REGULATING SINGLE -USE FOODWARE ACCESSORIES
AND STANDARD CONDIMENTS
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place f or the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
21. Community Support Contribution. Approve community support fund contributions to: Boy Scout Troop 201, Chino American Little League, AYSO Region 67, Chino Cultural Foundation (PATCH Program), Chino Girls Fastpitch Softball, Chino Kiwanis, Chino National Little League, Chino Neighborhood House, Chino Police Explorer Post #211, Chino Valley Soroptimist, Chino Youth Museum, Chino Youth Boxing Foundation, Chino Pop Warner, Food For Life, Hope Resource Center, Isaiah’s Rock, Rancho Del Chino Rotary, and UCHOOZ Positive Youth.
Report by: Mayor Ulloa.
CHINO CITY COUNCIL
JUNE 21, 2022 6
RECOMMENDATION: Approve community support fund contributions to: Boy Scout Troop 201 $250, Chino American Little League $250, AYSO Region 67 $250, Chino Cultural Foundation (PATCH Program) $250, Chino Girls Fastpitch Softball $250, Chino Kiwanis $250, Chin o National Little League $250, Chino Neighborhood House $250, Chino Police Explorer Post #211 $250, Chino Valley Soroptimist $250, Chino Youth Museum $250, Chino Youth Boxing Foundation $250, Chino Pop Warner $250, Food For Life $250, Hope Resource Center $250, Isaiah’s Rock $250, Rancho Del Chino Rotary $250, and UCHOOZ Positive Youth $250.
M _____ S _____ RC _____
22. Reappointments - Community Services Commissioners . Ratify the reappointments of Linda Takeuchi and Neal Jerry to the Community Services Commission.
Report by: Mayor Ulloa.
RECOMMENDATION: Ratify the reappointments of Linda Takeuchi and Neal Jerry to the Community Services Commission for three -year terms, expiring on June 30, 2025, and direct the City Clerk to administer the Oath of Office to Commissioners Takeuchi and Jerry for another term.
M _____ S _____ RC _____
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
23. Community Support Contribution . Approve community support fund contributions to: Chino Youth Museum and Chino Girls Fastpitch Softball.
Report by: Council Member Flores.
RECOMMENDATION: Approve community support fund contributions to: Chino Youth Museum $275 and Chino Girls Fastpitch Softball $375.
M _____ S _____ RC _____
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, July 5, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
CHINO CITY COUNCIL
JUNE 21, 2022 7
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Wednesday, June 15, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
MAY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JUNE 21, 2022
1 Unemployment Rate April 2022 3%
New Business Licenses May 2022 56
Retail Vacancy May 2022 10.5%
Industrial Vacancy Q1, 2022 .1% =
Office Vacancy May 2022 2.8%
UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased for this month to 3% from March 2022 to April 2022. *EDD, www.labormarketinfo.edd.ca.gov
City Mar AprilChino Hills2.7% 2.5%Eastvale3.2% 2.7%Rancho3.2% 2.8%Chino3.6% 3.0%Upland3.6% 3.2%Montclair3.6% 3.3%Fontana4.0% 3.4%Ontario4.1% 3.6%US3.6% 3.6%SBCO4.3% 3.8%California4.9% 4.6%0.0%2.0%4.0%6.0%8.0%10.0%12.0%14.0%16.0%2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Unemployment 2013 - April 2022 Unemployment rates in Chino have
decreased from 3.6% to 3% from March
2022 to April 2022. *EDD,
www.labormarketinfo.edd.ca.gov
Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”
4.a
Economic Development Report June 2022
Packet Pg. 8
MAY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JUNE 21, 2022
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between May 1 and May 31, 2022, the City processed 56 new business licenses. 21 of those businesses are in the City while 26 were located outside the City but providing services to City businesses and residents. * Munis Business License Report RETA
IL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for May 2022 is 10.5%, which is slightly higher than the previous month. The City has 13,600 square feet of retail space currently under construction. *Progressive Real Estate Partners (PREP)/CoStar
020406080100New Business Licenses
9.0%9.2%9.4%9.6%9.8%10.0%10.2%10.4%10.6%Retail Vacancy Last 12 Months
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Economic Development Report June 2022
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MAY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JUNE 21, 2022
3 INDUSTRIAL VACANCY
OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 2.8% is slightly higher this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.18 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$1.50Eastvale Ontario Chino Inland Empire Fontana RanchoIndustrial Rate and Vacancy as of Q1 2022DollarRateVacancy Percent0.0%1.0%2.0%3.0%4.0%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%
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Economic Development Report June 2022
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MAY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JUNE 21, 2022
4 RESI
DENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 437 single family residences currently under construction, 330 multi-family units under construction, and 424 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. For 2022, thus far, we have added 10 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/calendar.
City meetings can be found at www.cityofchino.org/events.
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Economic Development Report June 2022
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 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 760401 to 760500, 76501 to 76593, and Electronic Fund Transfers 515322E to 515396E, totaling $2,870,259.84.
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 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
7.1 CONSENT CALENDAR
Packet Pg. 12
COUNCIL MEETING DATE: JUNE 21, 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. 760401 – 760500 5/19/22 21-22 $1,302,801.28
2. 76501 – 76593** 5/26/22 21-22 $945,022.06
3. 515322E – 515358E 5/20/22 21-22 $385,739.39
4. 515359E – 515396E 5/27/22 21-22 $236,697.11
**Due to input error, check numbers are 5-digits and should have been 6-digits E: Electronic Fund Transfers
TOTAL $2,870,259.84
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
7.1 CONSENT CALENDAR
Packet Pg. 13
Council Meeting 6/21/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
760405 05/19/2022 ALL AMERICAN ASPHALT SLURRY MAINTENANCE $481,731.17 760440 GENERAL PUMP COMPANY, INC. WELL 17 REHAB CONSTR. PROJECT $152,000.00 760478 SAFEWARE, INC. TRAFFIC CAMERA SOFTWARE $122,332.73 760483 SO CAL EDISON CO SERVICE PERIOD 03/03-05/01 $345,865.24 515346 05/20/2022 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $213,657.60 76502 05/26/2022 ALL AMERICAN ASPHALT SLURRY MAINTENANCE $139,665.94 76577 STATE WATER RESOURCES CONTROL BOARD REFUND-UNUSED FUNDS $408,775.33 76582 ANDREA E. GARCIA LIFE INSURANCE PER MOU A. GARCIA $100,000.00 515370 05/27/2022 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.
PLAN CHECK SERVICES $50,069.86
9 TOTAL $2,014,097.87
7.1.a
Warrants
Packet Pg. 14
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JUNE 7, 2022
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The June 7, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:30 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.
FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Presentations
Mayor Ulloa invited Victor Medina, President of Chino American Little League for presentation of a check in the amount of $ 16,045.50 to City of C hino in support of Ayala Park Fields 5 and 6 Renovation Project.
Mayor Ulloa presented the Business of the Month for May 2022 to Darrell Morgan of Chino Florist and Gifts.
Mayor Ulloa announced that the winner of the Business of the Month for June 2022 is Graphic Details Inc. Unfortunately, they were unable to attend this meeting and will be invited back at a future meeting for presentation.
Mayor Ulloa recognized Rebecca Garcia as the recipient of the Mayor's Home Beautification Award for June 2022.
Chino Valley Fire District EMS Nurse Educator Leslie Parham gave a presentation on the ECNS (Emergency Communication Nurse System).
AGENDA ADDITIONS/REVISIONS
Interim City Manager Anthony Arroyo reported that there were no agenda additions or revisions.
7.2.1 Minutes
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CHINO CITY COUNCIL
JUNE 7, 2022 2
INFORMATION
Mayor Ulloa noted the Citywide Legislative Policy - Tracked Legislation is included in the agenda packet.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events and reminders:
• Chino Summer Nights on the lawn in fron t of City Hall taking place on Friday nights beginning June 17 through July 2 9, 2022 (except for July 1) featuring family friend ly movies, food, and retail booths.
• Kiwanis Summer Concerts taking place on Thursday nights beginning June 23 t hrough August 5, 2022 from 7:00 p.m. 9:00 p .m. All events will be held on the lawn in front of City Hall except for the concert in August that will be he ld at Founders Park in The Preserve.
• All-American Bingo & BBQ at the Chino Senior Center on June 10, 2022 from 2:00 p.m. to 5:00 p.m.
PUBLIC COMMENTS
Michael Tafoya of Living Word Assembly Church provided the Invocation.
Tony Farmer talked about his desire to establish a Junior NBA Program in Chino as we ll as build a community center at Central and Schaefer Av enues. Mayor Ulloa referred him to Director of Development Services Nick Liguori to discuss the development of the facility.
Tyson Chave , Prologis Senior Vic e President , addressed t he City C ouncil regar ding the industrial buildings 8 and 9 located on the southwest corner of Eucalyptus Avenue and Yorba Court. He explained that a condition of approval of the original EIR (Env ironmental Impact Report) required subsequent improvement work at the intersection of Ramona Av enue and Chino Hills Parkway. By way of background Mr. Cha ve shared that on April 19, 2022 the C ity Council directed staff t o withhold the certificate of occupancy until the stre et improvements at this intersection were complete. He expressed regret that a representative from Prologis was not present at the April 19 meeting to respond to Council questions and concerns. He explained that Prologis executed a bond in the amount of $200,000 to ensure complet ion of the work at this intersection and anticipates it will take 2-3 months to obtain Caltrans approval and secure the required permits. He stated that approval from Caltrans is pending and anticipated for end of the month. Additionally, Prologis has met with the City’s Transportation Manager for approval of a te mporary tr uck t raffic route to av oid the interse ction at Ramona Av enue and Chino Hills Parkway until the street improvements are complete. He requested the City Council authori ze staff to issue a temporary certificate of occupancy with appropriate mitigations to allow for the tenants to begin operations.
City Att orney Fred Galante advised brief comments since t his item is not on the agenda for discussion.
Council Member Comstock stated that truck traffic is impacting many cities in the Inland Empire.
In the past there have been instances where the city issues a certificate of occupancy, and the street improvements are not completed in the most efficient and timely manner. She is open to discussion and alternative suggestions.
7.2.1 Minutes
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CHINO CITY COUNCIL
JUNE 7, 2022 3
Council Member Pocock suggested that Prologis commit to start work at the in tersection of Ramona Av enue and Chino Hills Parkway within a specified time and upon getting approval from Caltrans.
Mr. Chave agreed to a commitment to a quick start o nce the approval and permits are secured.
He stated the application pending with Caltrans is two-thirds approved.
Discussion followed regarding the traffic impacts.
Joshua Cr aig, President /CEO of Sun set Pac ific T ransportation, talked about the operations, employment opportunities as well as adhering to the truck routes to avoid th e intersection of Ramona Avenue and Chino Hills Parkway.
Mayor Ullo a stated that considering Prologi s ha s bonded the funds to complete the improvements, submitted an application to Caltrans that is pending approval, and has tenants who are agreeable to the temporary traffic requirements, she suggested Prologis meet with staff to discuss appropriate mitigations for a temporary certificate of occupancy.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 760083 to 760400, and Electronic Fund Transfers 515617E to 515321E, totaling $11,780,669.29.
2. Minutes
a. Minutes. Regular Meeting of May 17, 2022 (All Members Present). b. Minutes. Special Meeting of May 17, 2022 (All Members Present). c. Minutes. Special Meeting of May 19, 2022 (All Members Present).
3. Elected City Officials’ Report Regard ing Travel, Tr aining, and Meeting s. Receive and file t he Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Resolutions Associated with the General Municip al Election to be held on Novembe r 8, 2022 (Council Member Distr ict 2 and Council Memb er D istrict 3). Adopt Resolution N o. 2022-032 calling for the General Municipal Election to be held on Tuesday , November 8, 2022 , for the election of certain officers an d requesting t he San Bernardino C ounty Board of Supervisors to consolidate the City of Chino General Municip al Election with the Statewide General Election; and adopt Resolution No. 2022-033, establishing the candidate statement regulations.
5. 2020 and 2021 Justice Assistance Grant. Acceptance of the 2020 Justice Assistance Grant in the amount of $14,129 and the 2021 Justice Assistance Gra nt in the amount of $19,393, and appropriation in the same amounts from the unappropria ted reserves of the Justice As sistance Fund 135 with a corresponding increase to the revenues.
6. Master Contract - Chino Valley Unified School District. Approve a con tract amendment to the Tobacco Use Prevention Education (T UPE) Program Master Contract with the Chino Valley Unified School District.
7. Public Impro vement Agreement for C hino Vall ey U nified School Dist rict Administration Of fice Project on Ramona Avenue. Approve a Public Improvement Agreement with Yorba XC, LLC for the construction of public improvements located on Ramona Avenue.
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8. Initiate Annexation to the Lighting and Landscape District for the Chi no Valley Unified Scho ol District's Administrative Office Project at 13461 Ramona Avenue (PL20-0026). Adopt Resolution No. 2022-031 ordering the City Engineer to prepare and file a rep ort for annexation of PL20- 0026 to Landsc ape and L ighting District No. 2 002-1 (Annexation/Zone No. 90 ); approve the Engineer's Report; and schedule a public hearing for Tuesday, September 6, 2022. (Pulled from Consent Calendar for separate motion.)
9. Landscape and Streetlight Maintenance Dist rict Assessme nt for Fiscal Year 2 022-23. Adopt Resolution No. 2022-034 directing the filing of an annual report; adopt Resolution No. 2022 -035 approving the Engineer's Report; adopt Resolution No. 2022-036 declaring its intention to order improvements for Assessment D istrict Nos. 75 -1, 7 5-2, 76 -1, 7 6-2, 83 -2, and 200 2-1; and schedule a pub lic hearing for Tuesday, July 5, 2022. (Pulled f rom Consent C alendar f or separate motion.)
10. Reimbursement - Resources Management Plan (Chino Development Corporation). Approve a credit/reimbursement agreement and immed iate reimbursement to Chino Prese rve Development Corpor ation in the amount of $2,261,5 67.10 for the implementation of the Resources Management Plan projects in the Preserve.
11. Amendment to Agreement for Services for Project No. SD153 - 3 System Storm Drain. Approve Amendment No. 3 to the Agreement for Services with MTGL, Inc., Anaheim, CA in amount not- to-exceed $50,000.00 for additional Geotechnical Engineering Services for Project SD153.
12. Chino Preserve Develo pment Corporation - Final Parcel Map N o. 20313 (Town Center at The Preserve). Approve Parcel Map No. 20313 for the Town Center at The Preserve located on the west and east sides of Main Street just south of Pine Avenue.
13. Notice of Completion - FY2015-16 Alley Rehabilitation (SN161) . Accept th e FY 15 /16 Al ley Rehabilitation South Side of Riverside Drive to 'B' Street Between Central Avenue and Benson Avenue (SN161) as comple te and authorize the Directo r of Public Works to file the Notice of Completion.
14. Adopt Ordinance No. 2022 -008 For mation of Im provement Area 10 in Community Fa cilities District 2003-3 (Second Reading). Adopt Ordinance No. 2022 -008 Formation of Improvem ent Area No. 10 in Community Facilities District No. 2003-3 in The Preserve.
ORDINANCE NO. 2022-008
ORDINANCE OF THE CITY COUNCIL OF T HE CITY OF CHIN O, CALIFORNIA, ACTING IN
ITS CAPACI TY AS THE LEGISLAT IVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, ON BEH ALF OF IMPROVEMENT AREA NO. 10
THEREIN, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPR OVEMENT AREA NO. 10 OF THE DISTRICT
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0-0 vote to approv e Consent Calendar item s 1 through 7, and 10 thro ugh 14 as presented. Items 8 and 9 were pulled for a separate motion.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
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ITEMS PULLED FROM CONSENT CALENDAR
8. Initiate Annexation to the Lighting and Landscape District for the Chi no Valley Unified School District's Administrative Office Project at 13461 Ramona Avenue (PL20-0026). Adopt Resolution No. 2022-031 ordering the City Engineer to prepare and file a report for annexation of PL20- 0026 to Landsc ape and Light ing District No. 2 002-1 (Annexation/Zone No. 90); approve the Engineer's Report; and schedule a public hearing for Tuesday, September 6, 2022.
Moved by Council Member Flores, seconded by Council Member Comstock, and c arried on a 5-0-0 vote to 1) adopt Resolution No. 2022-031 ordering the City Engineer to prepare and file a report for annexation o f P L20-0026 to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90); 2) approve the Engineer's Report; 3) schedule a public hearing for September 6, 2022; and 4) and authorize the City Manager to exec ute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
9. Landscape and Streetlight Maintenance Dist rict Assessment for Fiscal Year 2 022-23. Adopt Resolution No. 2022-034 directing the filing of an annual report; adopt Resolution No. 2022-035 approving the Engineer's Report; adopt Resolution No. 2022-036 declaring its intention to order improvements for Assessment District Nos. 75 -1, 7 5-2, 7 6-1, 7 6-2, 83 -2, and 2002 -1; and schedule a public hearing for Tuesday, July 5, 2022.
Moved by Council Member Flores, seconded by Council Member Comstock, and c arried on a 5-0-0 vote to 1) adopt Resolution No. 2022 -034 directing the filing of an annua l report; 2) adopt Resolution No. 2022 -035 approvin g the Engineer's Report; 3) adopt Resolution No. 2022-036 declaring its intention to order improvements for Assessme nt District Nos. 75-1, 75-2, 76-1, 76-2, 83-2, and 2002-1; and 4) schedule a public heari ng for Tuesday, July 5, 2022.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
15. Community Development Block Grant (CDBG) 2022 -2023 One-Year Action Plan . Conduct a public hearing to rec eive testimony and approve t he 2022-2023 One-Year Action Pl an for the Community Development Block Grant (CDBG) Program.
Mayor Ulloa opened the Public Hearing.
Staff Report by: Traci Smith, Senior Management Analyst.
There being no one present to address the City Council on this ite m, the public hearing was closed.
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Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5-0-0 vote to 1) conduct a public hearing to receive testimony and approve the 2022- 2023 On e-Year Action Plan for the Community Developm ent Block Gr ant (CDBG) Program; 2) carryover an est imated amount of $202,477.07 in un expended f unds from program year 2020-2021 for the completion of the Old School House Museum Project and $221,254.26 from prog ram year 2019 -2020, for the completion of the Monte Vista Park Project and $368,089.54 from prog ram year 2021 -2022 in unexpended f unds for t he completion of Public Works Alley Improvements Project 3) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2022 -2023 CD BG One -Year A ction Plan to HUD; an d 4) authorize staff t o complete a ll federal en vironmental reviews per 24 Code of Federal Regulations (CFR), Part 58.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
16. Agreement with Axon Enterprise. Approve an Agreement with AXON Enterprise, Inc. for the Purchase of On -Officer V ideo Recor ding Devices, Tasers and Ma nagement Software for the Chino Police Department.
Staff Report by: Kevin Mensen, Police Captain.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0-0 vote to 1) approve an agreement with AXON Enterprise, Inc.of Scottsdale, Arizona for the pu rchase of the 5 -year Officer Safet y Plan 7 consisting of On -Officer Video Recorders, Tasers, u nlimited Evidence. com digital ev idence ma nagement and storage technology, and related equ ipment in the amount of $1,324,517.70 (amor tized over 5 years); 2) approve a purchase order to AXON Enterprise, Inc. for first year costs of $264,903.55; and 3) author ize the City Manag er to execute all necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
17. Amendment to the Co mprehensive Speed Zone Resolu tion. Adopt Resolution No. 2022 -030 amending the C omprehensive Speed Zone Resolution of the Chino Municipal Code updating speed limits throughout the City.
Staff Report by: Dennis Ralls, Transportation Manager.
Moved by Council Member Flores, seconded by Council Member Comstock, and c arried on a 5-0-0 vote to 1) adopt Resolution No. 2022-030 amending the Comprehensive Speed Zone Resolution of the Chino Municipal Code updating speed limits throughout the City; and 2) authorize the City Manager to ex ecute all necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
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ABSENT: NONE.
18. Award of C ontracts for Street Maintenanc e Services . Award a contract to J&S Striping Company, Inc., Ontario, CA, for Street Striping and Pavement Marking Services Maintenance in the amount of $312,569.05 and award a contract to Hardy & Harper, Inc., Lake Forest , CA for As-Needed Asphalt Pavemen t Removal and R epair/Replacement Services in the amount of $418,100.00.
Staff Report by: David McAbee, Public Works Services Manager.
Director of Public Works Amer Jakher reported that staff would provide an update on the street pavement software at a workshop in September.
Moved by Council Member Flores, seconded by Council Member Comstock, and c arried on a 5-0-0 vote to 1) award a Contr act to J& S Striping Company, Inc., Ontario , CA, f or Street Striping and Pavement Marking S ervices Mai ntenance in the amount of $312,569.05; 2) approve expenditures of $80,000.00 for extraordinary work for a potenti al contract amount not-to-exceed $392,569.05; 3) award a Contract to Hardy & Harper, Inc., Lake Fo rest, CA for As -Needed Asphalt Pav ement Remov al and R epair/Replacement Services i n th e amo unt o f $41 8,100.00; 4) approve e xpenditures of $100,000.00 for extraordinary work for a poten tial contract amo unt not -to-exceed $518,100.00; 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.
19. Award of Contracts for Landscape Maintenance Services . Award an agreement for services to Landscape Wes t Managem ent Ser vices, Inc., Anaheim, CA, for Publi c Pa rks and Facilities Landscape Maintenance Services in the amount of $816,323.6 6; and award an agreement for services to Merchants Landscape Services, In c., Ranch o Cucamonga, CA, f or Landscape Maintenance for Maintenance Districts and Magnolia Channel in the amount of $607,207.49.
Staff Report by: David McAbee, Public Works Services Manager.
Moved by Council Member Flores, seconded by Council Member Comstock, and c arried on a 5-0-0 vote to 1) award an ag reement for services to Landscape West Management Services, In c., Anaheim, CA, for Public Parks and Facilities Landsc ape Maintenance Services in the amou nt o f $8 16,323.66; 2) approve expenditures of $100,000 .00 for extraordinary work for a potential annual agreement amount not-to-exceed $916,323.66; 3) award an agreement for services to Merchants Landscape Services, Inc ., Rancho Cucamonga, C A, for Landsca pe M aintenance f or Maintenance D istricts and Magnolia Channel i n the amount o f $607,207.49; 4) a pprove expenditures of $100,000.00 for extraordinary work for a potential annual agreement amount not -to-exceed $707,207.49; 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.
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20. Drought Response Action. Adopt Resolution 2022-037 declaring a Level 1 and Level 2 Water Supply Shortage.
Staff Report by: Dave Crosley, Utilities/Engineering Operations Manager.
Mr. Crosley reported that water conservation rebate programs and other resources are available on the City’s website at www.cityofchino.org/waterconservation.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0-0 vote to adopt Resolution 2022 -037 declaring a Le vel 1 and Level 2 Water Supply Shortage and authorize the City Manager to implement th e pertinent water use restrictions in accordance with the City’s Water Shortage Contingency Plan.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
21. Truck/Van Storage Ad-Hoc Committee. Create a Truck/Van Sto rage Ad-Hoc Committee and appoint two City Council Members to serve on the committee.
Staff Report by: Jack Morgan, Assistant to the City Manager.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0-0 vote to appoint Council M ember C omstock and Mayor Pro Tem Lucio to the Truck/Van Storage Ad-Hoc Committee to review potential options, provide staff feedback, and help form a recommendation for a future City Council workshop.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meetings and events attended since the last meeting that included the Mayor’s P rayer breakfast; meet ing with Randell Lewis about development concerns; Water Facilities Authority Board of Directors; Wa ter Master Advisor y Committee; Public Works Luncheon; General Plan Upda te Co nsultant In terviews; West Valley Mosquito and Vector Control Board of D irectors; Meas ure Y Community Forum; Budget Workshop; Strategic Plan Update; West End Mayor ’s R oundtable; Watermaster Board of Di rectors; Chi no Des alter Authority Board of Directors and Finance Committee; meeting with Ed Konjoyan and Trent Wild regarding a development project; Om nitrans and San Bernardino Coun ty Transportation Authority Board of Directors; Inland Empire Utilities Agency Sewerage Policy Committee; Senior Birthday event; and City Manager Interviews.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on meetin gs and eve nts attended since the last meeting that included a Budget Workshop; Gran d Opening of Raising Canes; American Legion Memorial Service; Chino H ills State of the Ci ty; Infrastructure Streets Committee; and City Manager Interviews.
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22. Community Sup port Contr ibution. Approve co mmunity support fund contrib utions to: C hino Police Officers Foundation, Chino Valley Firefighter s Association, Chino National Little League, Chino Va lley Soroptimist Cl ub, UCHOOZ Positive Youth, Chino Girls F astpitch Softball , Don Lugo High Sc hool Sports Boosters, Chino High School Sports Boost ers, Rancho Del Chino Rotary Club, and Chino Police Explorer Post #211.
Report by: Council Member Comstock.
Moved by Mayor Ulloa, seconded by Council Member Flores, and carried on a 5-0-0 vote to approve community support fund contributions to: Chino Police Officers Foundation ($500), Chino Valley Firefighters Association ($500), Chino National Little League ($500), Chino Valley So roptimist Club ($500), UCHOOZ Positive Yo uth ($500), Chino Girls Fastpitch S oftball ($500), Don Lugo High School Sports Boosters ($500), Chino High School Sports Boosters ($500), Rancho Del Chino Rotary Club ($250), and Chino Police Explorer Post #211 ($250).
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
Council Member Comstock
Council Member Comstoc k reported on meetin gs and eve nts attended since the last meeting that inclu ded a Budget Workshop, S trategic Plan Update, and City Manager Interviews . She attended the Public Works luncheon, commended them on doing a great job, and shared their slogan which is “Ready and Resilient.”
Council Member Flores
Council Member Flores reported on events attended since the last meeting that inclu ded the Public Works luncheon. He announced that Isaiah’s Rock of Chino received the 2022 Non-Profit of the Year award from the California Association of Nonprofits.
Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Mayor’s Pr ayer Break fast; P ublic W orks luncheon; Budget Worksho p; Grand Opening for Raising Canes ; Memorial Day Ceremony; Chino Hills Sta te of t he City ; Senior Birthday celebration; and City Manager Interviews.
City Manager's Report
Interim City Manager Anthony Arroyo had no report.
City Attorney's Report
City Attorney Fred Galante had no report.
Police Chief's Report
Police Captain Kevin Mensen reported on the City of Chino Police Department protocols and trainings in response to active shooter incidents. Mayor Pro Tem Lucio requested the Chino PD collaborate with the City of Chino Hills to share information and/or training opportunities for the school sites to ensure swift police responses.
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Fire Chief's Report
Fire Chief Dave Williams reported on ambulance response rates and services. He shared that he will be attending a county ambulance request for proposal workshop on Frida y and discussed the anticipated timeline for bid and award of contract. He reported on the recruitment efforts for firefighters/paramedics as well as the HR Director position.
ADJOURN
The meeting adjo urned at 9: 10 p.m. The next Regular Meeting of the Ci ty Council will be held on Tuesday, June 21, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 7TH DAY OF JUNE 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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(These minutes are not official until signed.)
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY – JUNE 7, 2022
CLOSED SESSION - 5:00 PM
M I N U T E S
CALL TO ORDER
The June 7, 2022, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:00 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 LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivisi on (d) of Government Code Section 54956.9:
Name of Case: City of Chino v. Jianyun Wang, et al. (San Bernardino County case no.
CIVSB2108062)
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATION OF LITIGATION Initiation of litigation pursuant to Paragraph (4) of S ubdivision (d) of Government Code Section 54956.9:
Number of Cases: Two (2) Cases.
The City Council recessed to Closed Session at 5:02 p.m. and concluded at 7:24 p.m. The City Council reconvened the meeting at 7:30 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Galante reported out of Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivisi on (d) of Government Code Section 549 56.9:
Name of Case: City of Chino v. Jianyun Wang, et al. (San Bernardino County case no.
CIVSB2108062)
The Ci ty Council received an update from Atto rney Matt Silve r, provided direction, and no further reportable action was taken.
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2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATION OF LITIGATION Initiation of litigation pursuant to Paragraph (4) of S ubdivision (d) of Government Code Section 54956.9:
Number of Cases: Two (2) Cases.
The City Council received an updat e, provided direction, and no further reportable action was taken. City Atto rney Galante noted t hat Council Member Flores abstained and did not participate in the discussion nor was he presen t for the discussion on the second case of anticipated litigation.
ADJOURN
The meeting adjourned at 7:30 p.m. The next Regular Meeting of the City Council will be held on Tuesday, June 21, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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(These minutes are not official until signed.)
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CHINO VALLEY FIRE DISTRICT TRAINING CENTER 5092 SCHAEFER AVENUE
CHINO, CA 91710
TUESDAY – JUNE 7, 2022
CLOSED SESSION - 9:00 AM
M I N U T E S
CALL TO ORDER
The June 7, 2022, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 9:00 a.m. by Mayor Eunice Ulloa in the Chino Valley Fire District Training Center.
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 item listed on the Closed Session agenda.
1. PUBLIC EMPLOYMENT AND/OR PUBLIC EMPLOYEE APPOINTMENT.
Pursuant to Government Code Section 54957.
Title: City Manager
The City Council recessed to Closed Session at 9:02 a.m. The City Council returned from Closed Session and reconvened the meeting at 2:00 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Galante announced that City Council did not conclude the discussion on the Closed Session item and would continue it to the 5:00 p.m. Closed Session Special Meeting of the City Council to be held on Tuesday, June 7, 2022 in Council Chambers.
CONTINUED CLOSED SESSION AND REPORT OUT
The City Council reconvened the Closed Session meeting at 5:00 p.m.
All Members of the City Council were present.
The City Council recessed to Closed Session at 5: 02 p.m. The City Council returned from Closed Session at 7:24 p.m. and reconvened the meeting at 7:30 p.m.
City Atto rney Galante announced that City Council did not conclude the discussion on the
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Closed Sessio n item and would continue it following the Open Session Meeting of the City Council to be held on Tuesday, June 7, 2022 in Council Chambers.
The City Council reconvened the Closed Session meeting at 9:10 p.m.
All Members of the City Council were present.
The City Council recessed to Closed Sessio n at 9:11 p.m. The City Council returned from Closed Session and reconvened the meeting at 9:37 p.m.
City Attorney Galante repor ted the City Council held a discussion and provided direction to the City Attorney and City Council Recruitment Sub committee. N o further reportable action was taken.
ADJOURN
The meeting adjourned at 9:38 p.m. The next Regular Meeting of the City Council will be held on Tuesda y, June 21, 2022 at 7:00 p.m. (Closed S ession at 6:00 p.m. if necessary) in the Council Chambers.
APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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(These minutes are not official until signed.)
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY – JUNE 14, 2022
CLOSED SESSION - 5:30 PM
M I N U T E S
CALL TO ORDER
The June 14, 2022, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:30 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 item listed on the Closed Session agenda.
1. PUBLIC EMPLOYMENT AND/OR PUBLIC EMPLOYEE APPOINTMENT.
Pursuant to Government Code Section 54957.
Title: City Manager
The City Council recessed to Closed Session at 5:31 p.m. The City Council returned from Closed Session and reconvened the meeting at 6:27 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Galante reported that by motion of Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 vote, the City C ouncil appointed Dr. Linda Reich as City Manager, effective August 8, 2022, and contingent upon approval of the employment contract to be presented at the July 5, 2022, regular meeting of the City Council.
ADJOURN
The meeting adjourned at 6:30 p .m. The next Regular Meeting of the City Council will be held on Tuesday, June 21, 2022 at 7:00 p.m. (Closed Sess ion at 6:00 p.m. if necessary) in thes e Council Chambers.
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APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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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: JUNE 21, 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
7.3 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 21, 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
7.3 CONSENT CALENDAR
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
JUNE 21, 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
August 12,
2022
Southern California Water
Conference
Ontario, CA Mayor Ulloa
7.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 33
Revenue: Expenditure: 6405020-43220
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M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: DEBBIE PACHECO, ACTING HUMAN RESOURCES DIRECTOR
SUBJECT: POLICE DEPARTMENT HIRING INCENTIVES UPDATE.
RECOMMENDATION
Adopt Resolution No. 2022-040 which will rescind and replace Resolution No. 2020-007; and amend Resolution No. 85-54.
FISCAL IMPACT
The changes to hiring incentives as outlined may increase cost by up to $20,000 for the next fiscal year. Sufficient funding is already included in the Human Resources budget for next year.
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:
· Financial Stability
· Responsible Long-Range Planning
7.4 CONSENT CALENDAR
Packet Pg. 34
COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: POLICE DEPARTMENT HIRING INCENTIVES UPDATE
PAGE 2
BACKGROUND
California’s unemployment rate is currently at a record low of 4.6% and competition for the shrinking pool of qualified candidates who can successfully pass a police background has increased tremendously. To help in our recruitment efforts for experienced lateral Dispatchers (PSDII) staff is proposing a revision of our hiring incentives. We believe this revisi on w ill increase our recruitment of experienced Dispatchers and reduce the time it takes for new hires to become self-sufficient and productive employees.
Currently, per Resolution No. 2020-007, the City offers newly hired lateral Public Safety Dispatchers II $2,500 upon hire and an additional $2,500 of pay upon completion of their probationary period.
Currently, per Resolution No. 2020-007, the City offers newly hired lateral Police Officers $5,000 upon hire and an additional $5,000 of pay upon completio n of their probationary period. No change is recommended for Police Officers at this time.
ISSUES/ANALYSIS
Over the last fiscal year, the City has recruited for Dispatchers six (6) times. Despite our best recruitment efforts, the City is struggling to attract experienced lateral Dispatchers. This requires the City to send new hires to a Dispatch Academy in addition to providing them with an extended field training program.
On average, an entry level Dispatcher will not be a productive and self-sufficient employee for at least 12 months after their date of hire. This is six to eight months longer than the time it takes an experienced lateral Dispatcher to become self-sufficient and productive. The additional costs in salary and training for an entry level Dispatcher are conservatively between $30,000 to $40,000 more than a lateral. These costs do not include any of the overtime required to cover the corresponding vacancies. The Police Department is also experiencing high turnover with new Dispatchers due t o the nature of the job causing the existing staff to be required to work overtime to cover shifts.
To attract qualified lateral Dispatchers, the attached resolution would increase the hiring incentive to $5,000 upon hire and $5,000 upon completion of prob ation. This incentive would only be offered to qualified applicants hired after the approval of the attached resolution.
Attachment: Resolution No. 2022-040
7.4 CONSENT CALENDAR
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RESOLUTION NO. 2022-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 85 -54,
EMPLOYEE COMPENSATION R ULES, RESCINDING IN ITS ENTIRETY RESOLUTION 20 20-007, FOR THE PAY PERIOD INCLUDING JUNE 27, 2022
WHEREAS, the City Council of the City of Chino established compensation for all position classifications within the City with the adoption of Resolution No. 85 -54 and subsequent amendments; and
WHEREAS, the City Council further finds that Resolution No. 2020-007 must be rescinded in its entirety to implement the provisions of this resolution; and
WHEREAS, the City Council further finds that Resolution No. 85-54 must be amended to allow for hiring incentives in order to attract and retain high caliber employees.
NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
1. The City Council hereby rescinds in its entirety Resolution No. 20 20-007, and amends Resolution No. 85-54 with respect to those hiring incentives replaced by the provisions in this Resolution, as described in Paragraph 2 below.
2. The City Council hereby adopts the following hiring incentives for the p ay period including June 27, 2022:
SECTION 1. SWORN HIRING INCENTIVES – POLICE OFFICER
New hired lateral police officer s who possess knowledge, skills, and abilities, which warrant special consideration may be eligible for the following hiring incentives:
Floating Holiday Time
Eliminate 6 months waiting period (benefit prorated based on date of hire).
Sick Leave Accrual
Eliminate required waiting period and credit of up to 200 hours of Sick Leave at time of hire.
Vacation Accrual
Eliminate 6 months waiting period and set accrual rate based upon years of full -time sworn law enforcement service, using City of Chino’s standard accrual rate.
Tuition Reimbursement
Eliminate probationary status waiting period. Employee required to reimburse the City for all Tuition Advance payments made if employee does not pass probation (only applies to courses started after hired date with City of Chino).
7.4.a
Hiring Incentives
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RESOLUTION NO. 2022-040
PAGE2
Educational Incentive Pay
Eliminate 2 years waiting period; eligible upon successful completion of probationary period.
P.O.S.T. Certificate Pay
Eliminate 6 months waiting period.
Incentive Pay
Incentive of $5,000 paid upon hire and an additional $5,000 paid upon passing probation.
Long Term Disability
Eliminate Long-Term Disability waiting period during the first year of employment.
SECTION 2. NON-SWORN HIRING INCENTIVES – PUBLIC SAFETY DISPATCHER II New hired lateral Public Safety Dispatchers who possess knowledge, skills, and abilities, which warrant special consideration may be eligible for the following hiring incentives:
Incentive Pay
Incentive of $5 ,000 paid upon hire and an additional $5 ,000 paid upon passing probation.
3. The City Clerk shall certify to the adoption of this Resolution as of the date set forth below.
APPROVED AND ADOPTED THIS 21st day of June, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
7.4.a
Hiring Incentives
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RESOLUTION NO. 2022-040
PAGE2
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 21st Day of June, 2022, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
7.4.a
Hiring Incentives
Packet Pg. 38
Revenue: Expenditure: Various Programs
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M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: AWARD OF CONTRACT - CITATION PROCESSING SERVICES.
RECOMMENDATION
Award a contract to Data Ticket, Inc., Newport Beach, CA for citation processing services in the amount of $79,200 per year, with two additional one -year renewal options; and authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are available in the proposed Fiscal Year 2022-23 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed ab ove 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:
• Financial Stability
7.5 CONSENT CALENDAR
Packet Pg. 39
COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: AWARD OF CONTRACT - CITATION PROCESSING SERVICES PAGE 2
BACKGROUND
The City of Chino currently uses Data Ticket, Inc. for citation processing services for citywide parking and administrative citations. The services are used by the Police Department, Utility Billing Division, and Code Enforcement Division. The current contract with Data Ticket, Inc. is set to expire on June 30, 2022.
ISSUES/ANALYSIS
With the expiration of our current citation processing contract, staff reviewed the option of developing a Request for Proposal (RFP) for citation processing services. During our research, it was learned that the C ounty of Riverside went through the competitive bidding process and selected Data Ticket, Inc. for their citation processing services. Staff has compared the County of Riverside pricing with the City’s current citation processing contract and determined there would be a minimum savings of approximately $15,000 per year.
Per Section 3.32.060 of the City of Chino’s Purchasing Policy, the City can utilize the competitive bidding of another Federal, State or local agency as long as the City receives the same or better pricing. St aff has received a written offer from Data Ticket, Inc. indicating they will maintain our current pricing. This pricing mirrors the pricing contained in their response to the RFP issued by the C ounty of Riverside . Staff has analyzed this pricing structure and has determined the City of Chino will be receiving the same or better pricing as the C ounty of Riverside for its citation processing services.
Data Ticket, Inc. has provided excellent citation processing services to the City for over ten years. Asi de from the continued competitive pricing, staff finds Data Ticket, Inc.’s reporting system to be user-friendly, resulting in increases to staff’s efficiency.
Staff recommends to City Council to award and authorize a contract to Data Ticket, Inc., Newport Beach, CA, to continue to provide citation processing services to the City of Chino, in the amount of $79,200 per year, with two additional one-year renewal options.
RB:hm
Attachment: Data Ticket, Inc. Agreement
7.5 CONSENT CALENDAR
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Award of Contract - Citation Processing Services
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Revenue: Expenditure: 6405020-43510
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M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: DEBBIE PACHECO, ACTING HUMAN RESOURCES DIRECTOR
SUBJECT: AUTHORIZE CONTRACT AMENDMENT & INCREASE B UDGET AND VENDOR CAP - ATKINSON, ANDELSON, LOYA, RUUD, ROMO.
RECOMMENDATION
1) Approve an additional appropriation of $80,000 from the Employee Services Fund 640; 2) increase the vendor cap by $80,000 to Atkinson, Andelson, Loya, Ruud, Romo for legal services for a not to exceed vendor cap amount of $265,000; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Increase the Employees Services Program $80,000, from the unappropriated reserves of the Fund balance. There are sufficient reserves in the 640 Fund Balance for this transaction.
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
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
7.6 CONSENT CALENDAR
Packet Pg. 82
COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: AUTHORIZE CONTRACT AMENDMENT & INCREASE BUDGET AND VENDOR
CAP - ATKINSON, ANDELSON, LOYA, RUUD, ROMO
PAGE 2
BACKGROUND
Atkinson, Andelson, Loya, Ruud, Romo represents the City in general employee litigation matters.
ISSUES/ANALYSIS
Atkinson, Andelson, Loya, Ruud, Romo is currently representing the City in a variety of legal matters that were not anticipated at the beginning of the fiscal year. This request increases the purchase order, contract amount and appropriation for the FY 2021/2022.
City Council authorization is required as the combined total of purchase orders will exceed the previously approved vendor cap of $185,000.
Attachment: Contract Amendment No. Seven.
7.6 CONSENT CALENDAR
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01225.0001/458762.1
AMENDMENT NO. 7
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) by and between the CITY OF CHINO, a California m unicipal corporation (“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) is effective as of the 21st day of June, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1, 2017 and amended July 1, 2018, July 1, 2019, July 1, 2020, July 1, 2021 and March 15, 2022 (“Agreement”) whereby Consultant agreed to provide services as described in Exhibit 1 – Scope of Services.
B. City and Consultant now desire to ame nd the Agreement to increase compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2, Compensation, is hereby revised to increase the Compensation by $80,000, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts speci fied in the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference.”
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shal l remain unchanged and in full fo rce and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and rea ffirm each and every one of the re spective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreemen t other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or bo th, would constitute a material default under the Agreement.
7.6.a
Atkinson, Andelson, Loya, Ruud, Romo Amend
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City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreemen t and that there have been no events that, with the passing of t ime or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and indepe ndent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is du ly 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) th e entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
7.6.a
Atkinson, Andelson, Loya, Ruud, Romo Amend
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01225.0001/458762.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Anthony Arroyo, Interim City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO CONTENT:
_____________________________
Debbie Pacheco, Acting Department Director
CONSULTANT:
ATKINSON, ANDELSON, LOYA, RUUD AND
ROMO
By:
Name: James Baca
Title: President
By:
Name: Irma Rodriguez Moisa
Title: Vice President
Address: 12800 Center Court Drive
Suite 300
Cerritos, California 90703
Two corporate officer signatures required when Consultant 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.
7.6.a
Atkinson, Andelson, Loya, Ruud, Romo Amend
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B-1
01225.0001/458762.1
EXHIBIT “B”
SCHEDULE OF COMPENSATION
Legal Advice and Services
Parties agree to the following billing rates:
Partner Counsel $325 per hour
Associates $275 per hour
Paralegals $180 per hour
Investigative Services
Parties agree to the following billing rates:
Partner Counsel $325 per hour
Associates $275 per hour
Paralegals $170 per hour
Secretarial Transcription of Interviews $60 per hour
Training Services
Full Day - $3,500
Half Day - $2,500
If City exercises option to extend the term as provided in Section 3 of the agreement, the schedule of fees above will be increased $10 per hour per year.
7.6.a
Atkinson, Andelson, Loya, Ruud, Romo Amend
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Revenue: Expenditure: 1003000-43515
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M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: VENDOR CAP INCREASE - CLIFTONLARSONALLEN LLP.
RECOMMENDATION
Approve an increase of $5,000 to the existing vendor cap for CliftonLarsonAllen LLP for audit services, bringing the new vendor cap total to $ 60,315, approve an amendment with CliftonLarsonAllen LLP and authorize the City Manager to sign all necessary documen ts on behalf of the City.
FISCAL IMPACT
Sufficient funds are available in the FY 21-22 Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above fur thers 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
7.7 CONSENT CALENDAR
Packet Pg. 88
COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: VENDOR CAP INCREASE - CLIFTONLARSONALLEN LLP
PAGE 2
BACKGROUND
The City utilizes CliftonLarsonAllen LLP for audit services. These services are for the City Audit, Successor Agency Audit, Single Audit, and other audit services. Historically, the Single Audit was for one major program – the Community Development Block Grant. This year, the auditors selected three major programs to audit ; two major programs that were not factored into the initial vendor cap that was approved by City Council on June 15, 2021.
ISSUES/ANALYSIS
During this fiscal year, the Single Audit include d Cares Act, Department of Transportation and Equitable Sharing Pr ogram. Costs incurred for the audit of two additional programs were not anticipated at the time the original vendor cap amount was determined. The total of these additional programs is $5,000.
Therefore, an increase in the amount of $ 5,000 to the existing vendor cap is needed to cover the audit costs through the end of the current fiscal year. This brings the total vendor cap to $60,315.
RB/CW:hm
7.7 CONSENT CALENDAR
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01225.0001/458762.101225.0001/458762.1
AMENDMENT NO. 3
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”), and CLIFTONLARSONALLEN LLP (“Consultant”), is effective as of the 5th day of June 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated May 20th, 2020 (“Agreement”) whereby Consultant agreed to provide Audit Consulting Services.
B. On November 5, 2020, the City and Consultant entered into first amendment to the Agreement to change Consultant’s name from WHITE NELSON DIEHL EVANS, LLP to CLIFTONLARSONALLEN LLP. All other terms and conditions remain unchanged.
C. On June 15, 2021, the City and Consultant entered into second amendment to the Agreement to renew for one additional year and to increase compensation by $55,315.00 to equal a total not-to-exceed amount of $109,019.00.
D. City and Consultant now desire to amend the Agreement to increase compensation by $5,000 to equal a total not-to-exceed amount of $114,019.00.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a). Section 2.1 Contract Sum . The Contract Sum is r evised to read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amount specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.
The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Fourteen Thousand Nineteen Dollars and Zero Cents ($114,019.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party
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represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of noti ce, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consid eration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
7.7.a
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IN WITNESS WHEREOF, the parties hereto have executed thisAmendment 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 Rob Burns, Director of Finance CONSULTANT:
CLIFTONLARSONALLEN LLP
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant 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. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORP ORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Revenue: Expenditure: 1007000 | 5307340 | 6607400 | 5207310 – 41030 & 43650
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M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: VENDOR CAP INCREASE - KIMCO STAFFING SERVICES, INC..
RECOMMENDATION
Authorize a $16,000.00 vendor cap increase for Kimco Staffing Services, Inc. of Los Angeles, CA, for a total revised vendor cap amount of $62,702.80 and authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Temporary staff services are paid using savings from a vacant position and other contractual budget programs. Sufficient funds are included in the 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:
• Superior Customer Service
• Public Service Excellence through Internal and External Partnerships
7.8 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: VENDOR CAP INCREASE - KIMCO STAFFING SERVICES, INC.
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BACKGROUND
City Council authorization is required when the combined total of purchase orders for one vendor exceeds $50,000.00. Kimco Staffing Services, Inc. (“Kimco”) is currently providing the Public Works Department with temporary staffing services. There is a vacant Management Aide position in the Public Works - Engineering Division that is filled with a temporary staff member from Kimco. Additionally, as the number of service orders, routine maintenance, and administrative processes continue to increase at the Services Yard, management has had to also augment staff through Kimco as well. There are two (2) temporary staff members providing administrative and clerical support functions to the Public Works Department to be able to keep up with the needs of various divisions and residents of the city.
During the preparation of the Fiscal Year 2022 -2023 budget, staff requested a full -time Clerk Typist II assign ed to the Public Works Services Yard. Approval of the position is contingent upon the adoption of the Fiscal Year 2022 -2023 budget by the City Council. If approved, the position will eliminate the need for a temporary staff member at the Services Yard. Sta ff also intends to fill the vacant Management Aide position in the Engineering Division at the beginning of the fiscal year which will also eliminate the need for the temporary staff member in the Engineering Division.
Since staff is anticipating utilizing temporary staffing services from Kimco until the end of Fiscal Year 2021-2022 to provide for a continuous level of service, staff is requesting an increase of $16,000.00 to the current Kimco's vendor cap of $46,702.80, for a new total of $62,702.80 for Fiscal Year 2021-2022. Staff also anticipates a decrease in the utilization of temporary staffing services once the Fiscal Year 2022-2023 budget is adopted by the City Council and all positions are filled accordingly.
ISSUES/ANALYSIS
Staff has reviewed ex isting purchase orders and recommends increasing the existing vendor cap with Kimco for a new total cap of $62,702.80. This request requires no appropriation as the expenditures are within the adopted Fiscal Year 2021-22 budgeted appropriations.
7.8 CONSENT CALENDAR
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Revenue: Expenditure: 5207320-48004-WA224
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. WA224.
RECOMMENDATION
1) Award a Professional Services Agreement in the amount of $75,399.00 with HR Green Pacific, Inc., Corona, CA for Engineering Design and Bid Support Services for B Street Water Main Line Replacement Project WA224; 2) approve design contingencies of $7,540.00, for a potential agreement amount not -to-exceed $82,939.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-2023 Capital Improvement Program for Project No. WA224. Funds are contingent upon adoption of the Fiscal Year 2022-2023 budget by the City Council.
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
• Responsible Long-Range Planning
7.9 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. WA224
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BACKGROUND
On April 14, 2022, Public Works staff solicited proposals via its Informal Request for Proposal process from engineering firms for Engineering Design and Bid Support Services for B Street Water Main Line Replacement Project (WA224). On May 1, 2022, staff received three (3) proposals in response to the Informal Request for Proposals. The proposals were evaluated and ranked based on the following criteria: qualifications of the firm including organ ization, experience, firm profile, personnel/staffing plan, project references, understanding of the assignments, work plan, and demonstrated technical ability. All of the engineering firms were from a Pre-Qualified On-Call Engineering list for use on future projects.
The scope of work includes approximately 2,650 linear feet water main replacement on B Street. The design shall be submitted at 30%, 65%, 90%, and 100% completion for review by staff. Specifications and cost estimates shall also be prepared. Construction bid support is included and shall include the preparation of final as-built plans.
ISSUES/ANALYSIS
Staff evaluated the WA224 proposals based on the qualifications of the firm, personnel staffing plan, availability, understanding, approach, and cost, as described in the RFP and selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. Although the selected firm did not submit the lowest cost , staff elected HR Green Pacif ic, Inc., as the most qualified firm due to their qualifications, personnel plan, understanding, and approach to the project. The final ranking of the firms is shown below.
RANK CONSULTANT LOCATION
1 HR Green Pacific, Inc. Corona, CA
2 Tait and Associates Santa Ana, CA
3 Canon Los Angeles, CA
Due to the timing of executing the agreement in relation to the City’s fiscal year period, the contract term is from June 21, 2022, through June 30, 2023, with the option to extend for two (2) additional one-fiscal year periods.
Therefore, it is staff’s recommendation to the City Council to approve a Professional Services Agreement in the amount of $75,399.00 to HR Green Pacific, Inc., Corona, CA for Engineering Design and Bid Support Services for the B Street Water Main Line Replacement (WA224). Staff also recommends that Council authorize the City Manager to approve expenditures of up to $7,540.00 for design contingencies, bringing a total contract amount not to exceed $82,939.00.
Attachment: Professional Services Agreement - HR Green Pacific, Inc.
7.9 CONSENT CALENDAR
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Project Name/No.: Design Services for B Street Contract No.: ______________ Water Main Line Replacement
Project Manager: PW/Maria Fraser Approved: 06.21.2022 #____
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
HR GREEN PACIFIC, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of June, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and HR Green Pacific, Inc., Corona, CA (“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 Inv itation 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 Ag reement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises 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 and condi tions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd 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
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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 phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having j urisdiction 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 appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is 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) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agree ment, Contrac tor 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.
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(c) Penalty f or Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailin g wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accu rate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. C ontractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Con tractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hou rs worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensati on to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured ag ainst liability for workers' compensation or to
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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (comme ncing with Se ction 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including 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 work ers the speci fied prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such lic enses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has car efully 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the 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
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Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreemen t 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, until accep tance 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 Agreement. Both parties a gree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be 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 specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of Cit y Council unl ess 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 Sect ion 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 shal l 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 inco rporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any lim itations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Seventy-Five Tho usand Three Hundred Ninety -Nine Dollars and Zero Cents ($75,399.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor exp enses 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 Agreeme nt, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires pre vailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first 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 the 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 for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s 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 State bud get approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Perform ance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes b eyond 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 conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreem ent 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) one (1) year(s) terms at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Steve Loriso, Group Leader – Governmental Services (Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoti ng suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this 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 sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City 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 manner 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 righ ts to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Maria Fraser, CIP Engine ering Ma nager, 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 de cisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consist ent with that role. Consultant
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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 otherwise 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 substa ntial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restrict ed hereunder s hall 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 un approved 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 in surance 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 Offic e form CG 00 0 1, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricti ng standard IS O “insured contract” language will not be accepted.
(b) Automobile liability insurance . 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 activitie s of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for eac h accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this
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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’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consult ant shall incl ude all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to 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) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied b y a combinatio n of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surpl us Line Insure rs in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically a llow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation o n coverage, li mits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to prov ide to City wi th a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or b e endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed c overage limita tions. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project b y Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the ri ght at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and C onsultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional ki nds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its o fficers, emplo yees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, eit her 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 cl aimed by any person, firm or entity arising out of or in connection with the negligent performance of the wor k, operations or activities provided herein of Consultant, its officers, 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 willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions fi led in connect ion with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employe es for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its of ficers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection w ith the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, ag ents 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 indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckl ess or willful 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 fu llest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or w illful misconduct 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, a nd require sub contractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary t o perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shal l be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the 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 o f the books an d records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services req uired by this Agreement as the Project Manager 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 desig ned, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no cla im for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed docume nts for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assi gnment. 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 1 7 U.S.C. § 101 , such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or 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, lette rs of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of 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. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with a ny summons, co mplaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions 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 reques ts 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 shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include th e timeframe in which 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 invo ices and shall , when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the de fault, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall 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
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dispute hereunder or which are necessary 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 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 waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive i n this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or r emedies for th e same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any def ault, to compe l 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 statuto ry claim pursu ant 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 extrem ely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may
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withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice 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 t ermination, 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 the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this S ection, the te rminating 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 th is Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the servic es required he reunder 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 proceed ing, in additi on to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party 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 costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action an d shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or a ny successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services u nder 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 sub contractor without the express written consent of the Project Manag er. 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 int erest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in w hich (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 emp loyed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such un authorized ali ens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or i s required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other par ty of the chan ge 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 a ccordance 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 excl usive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The part ies agree that this 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 decla red 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 to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
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No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or associat ion in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any mo ney, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that woul d result in th e payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aw are of and und erstands 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 executin g this Agreeme nt, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
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 Amer Jakher, P.E. Director of Public Works
CONSULTANT:
HR Green Pacific, Inc.
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 o f the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAW S, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________ ________, personally appe ared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their auth orized capaci ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of t hat document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, personall y appeared __ ______________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that b y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing para graph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public o r other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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Project Description
The scope of work generally includes ~1,150’ water main replacement between Central Avenue and 5th Street on B Street. The design shall be submitted at 30%, 65%, 90%, 100% completion for review by staff. Specifications and cost estimate are excluded from the 30% submittal.
Construction bid support shall include the preparation of final as-built plans.
EXHIBIT "A-1"
SCOPE OF SERVICES
A. As-Built Research, Investigation and Review
Consultant shall meet with City staff to identify background information and existing plans to ensure incorporation of city staff suggestions, recommendations, directions and other requirements.
B. Utility Research and Notification
Consultant shall research available utility records and identify all utilities within the project limits. The information obtained shall be summarized and dedicated on the project base map with any “High Risk” utilities identified. Concurrent with preliminary design, utility information requests shall be sent to each utility companies requesting verification of location, size and depth of facilities within the project limits.
The Consultant shall maintain a record of utility notifications including contact numbers, dates of transmittals, etc.
Consultant shall prepare and the City will send notices at various stages during the design phase- 30% plans (1st notification) and 100% plans (2nd notification). The Consultant shall maintain a record of utility notifications including contact numbers, dates of transmittals, response to relocate or perform maintenance activities, etc.
City will provide available as-built records for City-owned facilities (water, sewer and storm drain) During this phase, the consultant shall determine if water services or meters including enclosure boxes need to be replaced and will present this information at the 30% design review meeting. Potholing will be required for waterline design. Assume 8 potholes, with a cost per each pothole including traffic control.
C. Field Survey/ ROW investigation
The Consultant (or subconsultant) shall perform a topographic survey and design survey to determine and establish Right of Way. This includes location of surface features within the survey area including but not limited to; fire hydrants, valve covers, water meters, sewer and storm drain manholes, all utility vaults and facilities, pull boxes, curb & gutter, driveways, sidewalk, power poles, guy wires, signs, parkway, streetlights, street trees larger in 4” diameter, etc.
The basis of the vertical datum shall be the most recent City of Chino bench mark elevations as shown in the National Geodetic Vertical Datum of 1929 (NGVD29). All field topography shall be collected electronically for data processing. Field survey shall establish disturbance of any monuments or centerline ties and provide copies of tie sheets for reference attachment to the specifications.
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D. Geotechnical Investigations and Report
The Consultant (or subconsultant) shall perform a geotechnical investigation to observe the topography and visualize the proposed improvements, determine excavation subsurface conditions, and establish relative compaction and suitable backfill requirements. This includes the review of control of materials including, but not limited to, inspection and testing laboratory services during construction support. Consultant shall obtain applicable encroachment permits prior to beginning any field investigation. Additionally, if a traffic control plan is required, Consultant shall prepare the plan.
E. Preliminary Engineering Design
Consultant shall prepare plan (40-Scale) & profile waterline replacement plans for the project with submittals at the 30%, 65%, 90%, and 100% design phase. Consultant shall prepare design details for all utility relocations, if needed. Refer to City’s plan check list for expectation on the preparation of plans (Attachment A). If Division of Drinking Water (DDW) Standard required Separations cannot be achieved, Consultant shall prepare a Waterworks Standards Main Separation Alternative Form for submission to DDW for approval.
Consultant shall conduct field walk to determine potential design and construction conflicts and verify field topography data. Consultant shall review design criteria, key issues and recommend alignments/profiles/cross-sections for the project and provide conceptual plans to obtain the City approval of the proposed design prior to continuing design. Engineer shall identify any appurtenances on private or public R-O-W that might affect design and propose alternatives for design issues.
The design shall include the removal of asbestos transite pipe by method to safely remove and dispose of materials in accordance with EPA standards. Specific work shall be itemized on the Engineer’s estimate on per linear foot basis.
Modifications to the City’s water transmission lines will require revisions to be made on as-built drawings to supersede and note new mainline improvements per separate plans. Consultant shall coordinate with the City’s project engineer to establish the ap propriate deltas by inserting a copy in TIF format of the as-built into AutoCAD and creating the necessary revision clouds and notes.
AutoCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. City’s final signature plans shall be scanned; resolution of PDF shall be a minimum of 360 dpi.
F. Engineer’s Quantity and Cost Estimate
Consultant shall prepare Engineer’s Quantity and Cost Estimate on City form and Bidding Schedule for each project with quantities and bid items to be included with the City Specifications based on Standard Specifications for Public Works Construction, “Green Book”, latest edition. City staff will prepare the boilerplate sections including Special Provisions, Technical specifications and Bid Proposal documents. However, any specialty work items necessary to include in these sections shall be prepared by the Consultant. Estimate scope of work shall also include permitting and associated work for OSHA shoring requirements if necessary. Engineer’s Quantities and Cost Estimates shall be prepared on the City’s Engineering Cost Estimate form and submitted at 30%, 65%, 90% and 100% completion.
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G. Plan Interpretation and Bidding Assistance
Consultant shall provide construction plan interpretation and consultation during the bidding phase of the project. Consultant shall assist the City in preparing bid addenda as required to provide clarification to drawings and provide responses to Requests for Information (RFI) during the bidding phase within two (2) working days upon receipt of RFI.
H. Construction Support & Submittal Review
Consultant shall review all material submittals anticipated to be incorporated into construction, provide responses to RFIs during construction, and submit “As-Built” record drawings following completion of construction incorporating data from inspectors, staff, and/or contractor’s field changes made during construction. Consultant shall also review Change Order requests from Contractor. “As-Built” improvement plans shall be submitted in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
I. Meetings
Five (5) formal meetings (field, office or teleconference as directed by the City) shall be anticipated throughout the duration of the project during design and construction.
J. Project Closeout
Consultant shall receive the contractor’s redlines upon construction completion. The changes shall be drafted and implemented in AutoCAD and for the preparation of ‘Record Drawings’. Said plan set shall be submitted to the City within 10 working days of receipt of contractor’s redlines.
In addition, the Consultant shall provide an ESRI GIS shape file of final alignment.
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B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(additions in bold italics; deletions in strikethrough) I. Section 1.7, Software and Computer Services, is hereby deleted in its entirety.
II. Section 5.3, Indemnification, is hereby amended to read as follows:
To the full extent permitted by law, and in accordance with Civil Code 2872.8, which is fully incorporated herein, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrat ive, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obl igations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabiliti es”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with to the extent caused by the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabilities and will pay all costs and expenses , including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such wor k, 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 City, its officers, agent s 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 negligen t 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 an d 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 indemnify Cit y hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
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omission, or reckless or willful m isconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a 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 City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on s uccessors and assigns of Consultant and shall survive termination of this Agreement.
III. Section 7.3, Retention of Funds, is hereby deleted in its entirety.
IV. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.
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C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the serv ices provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approva l of the Project Manager, funds may be shifted from one Task subbudget to another so lo ng as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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H
R GREEN PACIFIC, INC.
PROJECT NAME: B STREET WATER MAIN LINE REPLACEMENT
PROJECT NUMBER: 220692
CLIENT: CHINO
CLIENT CONTACT: MARIA FRASER
PROJECT MANAGER: STEVE LORISO
18 25 139 67 89 338
$ 185.00 $ 215.00 $ 165.00 $ 153.00 $ 68.00 3,330.00$ 5,375.00 $ 22,935.00 $ 10,251.00 $ 6,052.00 $ 47,943.00$ 27,456.00$ 75,399.00$
0.069457481 0.1121123 0.478380577 0.213816407 0.126233235 10% Keys, Chase Loriso, Stephen Garcia, Jennifer MacDonald, Trent Teh, Langdon Task DESCRIPTION OF TASK QA/QC PROJ MGR PROJ ENGR SR. ENG TECH INTERN Sub Contractor
Total
Phase A AS-BUILT RESEARCH, INVESTIGATION AND REVIEW 932.00$ - $ 932.00$ 0 0 4 0 4 - Phase B UTILITY RESEARCH AND NOTIFICATION 3,380.00$ 8,800.00 $ 12,180.00 $ 0 0 4 0 40 8,000.00 Utility Coordination/Plotting 3,380.00$ -$ 3,380.00$ 4 40 Utility Potholing -$ 8,800.00$ 8,800.00 $ 8,000.00 TBD Phase C FIELD SURVEY/ROW INVESTIGATION 471.00$ 5,676.00$ 6,147.00 $ 0 0 1 2 0 5,160.00 Kelsoe Phase D GEOTECHNIICAL INVESTIGATIONS AND REPORT 515.00$ 12,980.00$ 13,495.00 $ 1 0 2 0 0 11,800.00 Terracon Phase E ENGINEERING DESIGN 24,474.00$ - $ 24,474.00$ 14 12 56 48 40 - Field Reconnaissance 1,864.00$ -$ 1,864.00$ 8 8 Transmission Main As-built Updates 1,224.00$ -$ 1,224.00$ 8 Water Main Plans 18,608.00$ -$ 18,608.00$ 12 12 40 40 16 Contract Documents 2,778.00$ -$ 2,778.00$ 2 8 16 Phase F ENGINEER'S QUANTITY AND COST ESTIMATE 2,544.00$ - $ 2,544.00$ 0 0 8 8 0 - Phase G PLAN INTERPRETATION AND BIDDING ASSISTANCE 2,022.00$ - $ 2,022.00$ 0 2 8 0 4 - Phase H CONSTRUCTION SUPPORT & SUBMITTAL REVIEW 6,510.00$ - $ 6,510.00$ 2 4 32 0 0 - Submittal Reviews 3,440.00$ -$ 3,440.00$ 2 2 16 Review and Respond to RFIs 1,750.00$ -$ 1,750.00$ 2 8 Review Change Order Requests 1,320.00$ -$ 1,320.00$ 8 Phase I MEETINGS 5,541.00$ - $ 5,541.00$ 1 7 22 1 1 - Phase J PROJECT CLOSEOUT 1,554.00$ - $ 1,554.00$ 0 0 2 8 0 - Provide "As-Built" Record Drawings 1,554.00$ -$ 1,554.00$ 2 8 % OF TOTAL LABOR COST
Labor Task Total Subs Task Total Task Total
TOTAL HOURS
Notes
TOTAL LABOR COST
TOTAL PROJECT COSTS
COST PER HOUR/UNIT (CHARGE-OUT RATE)
EXPENSES
EXHIBIT "C-1"
SCHEDULE OF COMPENSATION
NOT-TO-EXCEED AGREEMENT AMOUNT = $75,399.00
C1-1
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.
II. The Project Manager may approve extensions for performance of the s ervices in accordance with Section 3.2.
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ID Task Name Duration Start Finish
1 City of Chino Notice to Proceed 0 days Mon 5/16/22 Mon 5/16/22 2 PROJECT MANAGEMENT/MEETINGS 135 days Mon 5/16/22 Fri 11/18/22 4 PRELIMINARY ENGINEERING 95 days Mon 5/16/22 Fri 9/23/22 5 As-Built Research, Investigation, and Review 10 days Mon 5/16/22 Fri 5/27/22 6 Field Survey 20 days Mon 5/16/22 Fri 6/10/22
7 Geotechnical Investigation 40 days Mon 5/9/22 Fri 7/1/22 8 Field Reconnaissance 1 day Wed 6/15/22 Wed 6/15/22
9 Utility Coordination 51 days Fri 7/1/22 Fri 9/9/22
11 ENGINEERING DESIGN (30%, 65%, 90%, 100%) PS&E 60 days Mon 6/20/22 Fri 9/9/22 12 30% PS&E 10 days Mon 6/20/22 Fri 7/1/22
13 Submit 30% Package to Chino 0 days Fri 7/1/22 Fri 7/1/22 14 City of Chino Plan Check 10 days Mon 7/4/22 Fri 7/15/22 15 65% PS&E 10 days Mon 7/18/22 Fri 7/29/22
16 Submit 65% Package to Chino 0 days Fri 7/29/22 Fri 7/29/22 17 City of Chino Plan Check 10 days Mon 8/1/22 Fri 8/12/22 18 90% PS&E 10 days Mon 8/15/22 Fri 8/26/22
19 Submit 90% Package to Chino 0 days Fri 8/26/22 Fri 8/26/22 20 City of Chino Plan Check 5 days Mon 8/29/22 Fri 9/2/22 21 100% PS&E 5 days Mon 9/5/22 Fri 9/9/22
22 Submit 100% Package to Chino 0 days Fri 9/9/22 Fri 9/9/22 23 BIDDING ASSISTANSE AND CONSTRUCTION SUPPORT 100 days Mon 9/12/22 Fri 1/27/23 24 Bidding Period 22 days Mon 9/12/22 Tue 10/11/22
25 City of Chino Construction Award 0 days Tue 11/1/22 Tue 11/1/22 26 Construction Support 40 days Mon 12/5/22 Fri 1/27/23 27 PROJECT CLOSEOUT 5 days Mon 1/30/23 Fri 2/3/23
28 Submit "As-Builts" 0 days Fri 2/3/23 Fri 2/3/23
5/16 City of Chino Notice to Proceed
7/1 Submit 30% Package to Chino
7/29 Submit 65% Package to Chino
8/26 Submit 90% Package to Chino
9/9 Submit 100% Package to Chino
11/1 City of Chino Construction Award
2/3 Submit "As-Builts"
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter Manual Task Manual Milestone Manual Summary Rollup Manual Progress Client: City of Chino Project: B Street Water Main Replacement
EXHIBIT "D-1"
SCHEDULE OF PERFORMANCE
*Schedule intervals will remain in place per terms of this exhibit. Initial start date of service will be adjusted based upon the actual Notice to Proceed (NTP) and actual City Council approval date.D1-1
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: ANTHONY ARROYO, INTERIM CITY MANAGER
SUBJECT: FISCAL YEAR 2022-23 CITY BUDGET AND APPROPRIATIONS LIMIT.
RECOMMENDATION
1) Adopt Resolution No. 2022-042, approving and adopting the City Budget for Fiscal Year 2022- 23; 2) adopt Resolution No. 2022-043, approving and setting the Appropriations Limit for Fiscal Year 20 22-23; 3) adopt Resolution No. 2022-044, approving amendments to the City's Classification and Salary schedule; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Adoption of Resolutions to establish Operating and Capital Improvement b udgets for the City of Chino for Fiscal Year 20 22-23, beginning on July 1, 20 22 and ending on June 30, 20 23; these actions provide City Departments with the financial resources necessary to continue City operations for the coming fiscal year.
The FY 2022 -23 Proposed Budget shows beginning General Fund reserves of $67.1 million.
The FY 2022 -23 Proposed Budget will have an operating deficit of $3.2 million with one -time revenues of $2.5 million. Therefore, the City will utilize General Fund Reserves of $752 ,714 to obtain a balanced budget. The City will also utilize $3.9 million of reserves for park and street projects as well as $1.1 million for prior year carry -over expenditures. This leaves the General Fund with $61.4 million in projected reserves at the end of FY 2022-23.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC:
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:
• Financial Stability
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: FISCAL YEAR 2022-23 CITY BUDGET AND APPROPRIATIONS LIMIT PAGE 2
BACKGROUND
Presented for City Council consideration is the Fiscal Year (FY) 20 22-23 City Budget. The budget incorporates the City Operating Budget and the Five -Year Capital Improvement Program. T he budget contains detailed f inancial data that pertains to the City’s ongoing operations for the next fiscal year.
On Thursday, May 19, 20 22, the City Council held a public Budget Workshop to review and discuss the preliminary budget document developed by staff. At that workshop, the City’s financial condition was presented , and staff responded to questions from the City Council regarding specific projects and programs contained in the budget.
ISSUES/ANALYSIS
MAJOR CHANGES INCORPORATED AFTER THE BUDGET WORKSHOP
The Fiscal Year 2022-23 Proposed Budget being presented for adoption includes the following changes recommended at the Budget Workshop held on May 19, 2022.
City Park Maintenance Enhancements $952,423
Addition of Community Services SOAR Program – Net Zero Cost $0 Reclassification of Transportation Manager $21,231
Software costs for email access to all staff $65,500
Total Additions $1,039,154
In addition, the following changes were made because of new or additional information being available:
Increase Sales Tax Revenue $1,600,000
Increase Owners Participation Agreement Expense $500,000 Total Net Revenue Increase $1,100,000
CITY OF CHINO STRATEGIC PLAN
The City of Chino adopted an updated Strategic Plan in 2021. This Strategic Plan is an action- oriented road map designed to guide the City toward achieving its mission and vision. Certain elements of the Strategic Plan such as its Mission and Vision Statements and the Core Organization Values are constant, as they reflect the greatness to which our organization aspires. Other Strategic Priorities, as identified by the City Council, may change due to a variety of factors such as shifts in the local economy, societal changes, or technological advances. The budget being presented seeks to identify and meet the needs of these changing factors. This Budget Workshop seeks input from the community, stakeholders, the City Council, and City staff in order to develop a thoughtful, comprehensive plan driven by the City’s Strategic Plan.
The goals section for each department identifies the Strategic Issues that each departmental goal seeks to achieve. This is intended to give clear and concise information on how each
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department, working together, help to create a City with a singular purpose of providing “quality, caring service to our community.”
CITY OF CHINO STRATEGIC PLAN ELEMENTS
The following section highlights the Strategic Issues contained within the City’s new Strategic Plan and how the FY 2022-23 Budget seeks to invest in the community to make Chino a vibrant city in which to live, work, and play.
POSITIVE CITY IMAGE
Public Safety
The number one priority for local government is
the safety of its residents. The City of Chino has
committed $47.4 million in FY 2022 -23 for the
operation of its P olice Department. Recent
legislation has emboldened criminals by reducing
penalties for hard core narcotics use and
trafficking, raising the dollar amount for theft and
other crimes to be considered felonies, and by
eliminating sentencing enhancements for those
who reoffend or use a firearm in the commission of
a crime. These legislative challenges have
increased crime across the state, but Chino’s
commitment to public safety has ensured that our
city remains a safe place to live, work, and play.
Landscape Maintenance
The City’s Budget contains General Fund
investments of $8.3 million for the on -going
maintenance of city landscaping. The largest
commitment of General Fund dollars relates to the
maintenance of the City’s public parks and building
sites at $4.8 million. Additional funding for street
tree trimming and street lighting comes to $1.2
million and $1 million respectively. Other major
expenditures for city landscape include $527,425
for city medians and parkways and $483,565 for
neighborhood la ndscaping. All of these
expenditures are designed to improve and enhance
the beautification of Chino as people move
throughout the city.
Investment in Parks
The City of Chino takes great pride in providing
numerous parks for resident’s recreational
enjoyment. The City Budget contains $5.7 million
of new money for park improvements in the
coming fiscal year. These improvements include
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SUBJECT: FISCAL YEAR 2022-23 CITY BUDGET AND APPROPRIATIONS LIMIT PAGE 4
$4.5 million for Ayala Park improvements to buildings, softball fields, and the trail system.
Additionally, the City wil l be creating a new demonstration garden and replacing playground equipment in the city parks. These enhancements will provide greater enjoyment for all that visit the City’s parks.
Road Repair and Maintenance Projects
Contained in the FY 2022 -23 Budget is $16.3
million for street and traffic projects. These
projects are selected based on an internal
evaluation of the greatest need given the current
conditions of the roads and traffic patterns.
Funding for these projects comes from various
sources such as Gas Taxes, San Bernardino
Measure I, Road Maintenance Repair Act,
Development Impact Fees, and the City’s
General Fund.
Public Transportation Tax Dollars at Work
In 2017, the California voters passed SB 1, the Road Maintenance and Rehabilitation Account.
SB 1 provided that a tax be collected at the gas pump for distribution to local, County, and State agencies for the purpose of improving the roads. Through FY 2022 -23, the City of Chino is projected to receive $9.2 million in RMRA funds, with total comple ted or programed costs of $8.6 million. RMRA tax dollars have provided for the following actual and proposed street projects:
Projects Completed:
• $2.6 million for Riverside Drive improvements from Pipeline to Mountain Avenues • $1.2 million for El Prado Road improvements from Central to Kimball Avenues • $373,520 for Philadelphia Avenue ADA Improvements
Projects Under Construction:
• $586,689 for Bicycle, Pedestrian & Transit Improvements throughout the city • $1,000,000 for Pipeline & Ramona Street Rehabilitation
Proposed Projects:
• $1.5 million FY 2022-23 Street Rehabilitation
• $875,000 City-Wide Signage Replacement
• $260,000 Norton cul-de-sac Project
• $200,000 for a Pavement Management Analysis and Software
Utilization of these tax dollars will continue to i mprove the conditions of Chino roads into the future.
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: FISCAL YEAR 2022-23 CITY BUDGET AND APPROPRIATIONS LIMIT PAGE 5
Code Enforcement
The City Code Enforcement Division is designed to assist home and business owners to remain in compliance with City regulations.
These regulations are designed to ensure minimum qual ity of living and business operations are met. Until recently, City personnel operated under a response only mode regarding code violations.
However, under City Council direction, Code Enforcement staff are implementing a more proactive approach to the non -compliant properties. Possible violations range from neglect of maintenance on the exterior of a house to non -compliant business practices, such as illegal street banner advertising. The City is budgeted to spend $2 million on Code Enforcement efforts for FY 2022-23.
FISCAL STABILITY
General Fund Reserves
The City will be entering FY 2022 -23 with
Projected General Fund Reserves of $67.1
million or 65.8% of FY 2022 -23 operating
expenditures. Based on Best Practices as
reported by the Government Finance O fficers
Association (GFOA), cities should maintain a
minimum of two months of operating expenses
in reserves. Based on current budgetary
projections, Chino will have eight months of
operating expenses in reserves. These
General Fund Reserves provide the Ci ty with
adequate funds to meet the needs of the city.
Pension Cost
In 2017, CalPERS notified cities throughout
California that pension costs were going to
increase substantially over the next seven
years. Based on the information that
CalPERS provided to the City of Chino,
pension costs would increase 103.5% or
$8.1 million per year by FY 2024 -25. Facing
these large increases, the City of Chino
utilized an internal financing method (City
Pension Note) to prepay 80% of the
outstanding Unfunded Pension Li ability,
thus reducing the projected increase to just
$2 million per year over the same seven -
year period.
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Pension Funded Status
The financial health of a City’s pension plan is
measured by the funding status of the plan. As
a general rule, plans wit h funded rates above
90% are considered “healthy”, while plans
below 90% require additional financial
contributions to achieve financial health. The
City of Chino is currently projected to be nearly
100% funded in FY 2022 -23. Achieving this
level of funding is projected to reduce the City’s
annual pension expense by $2.3 million per
year. These savings free up funds for other
important City services.
EFFECTIVE TECHNOLOGY
For the benefit of the community and City employees, the City is committed to being on the forefront of technology to improve the way it conducts business and communicates with the public. The City is currently investing in and maintaining software to track graffiti, read water meters, manage development applications and payments, collect m onthly utility payments, enroll students in community classes, read vehicle license plates entering the city, monitor and control traffic patterns, as well as providing security at various City facilities. The City is budgeted to spend $1.8 million to maintain and upgrade existing technologies.
EXEMPLARY LEADERSHIP
The City is committed to developing a culture that promotes, supports, maintains, and fosters high morale, employee accountability, and positive leadership. Additionally, the City will maintain its commitment to recruiting, training, and retaining a highly skilled workforce. As part of this commitment, the City has budgeted $841,282 to provide industry specific training for employees through the department's Training/Education/Meetings budgets.
PUBLIC SERVICE EXCELLENCE THROUGH INTERNAL & EXTERNAL PARTNERSHIPS To provide high quality City services, Chino will embrace and leverage the benefits of collaboration by establishing and maintaining strong working partnerships both within the organization and with external stakeholders.
Office Hours
The City is seeking to build stronger communication links with The Chino Preserve by holding quarterly “Office
Hours” where the City Council and City staff meet and
greet residents at a location in The Chino P reserve.
These meetings are unstructured in nature to provide
residents the opportunity to ask any questions that they may have. These meetings have been very successful
and have opened productive dialog with the residents.
Chamber of Commerce
The City of Chino provides support services to the local Chamber of Commerce in order to facilitate a vibrant
small business community.
City Pension Note 21.3% Rate of Return
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Mayor’s Prayer Breakfast
The Mayor actively participates in a monthly prayer breakfast with community pastors and clergy to build and maintain relationships that can potentially benefit hurting community members through homeless outreaches, emergency shelters, and more.
SUPERIOR CUSTOMER SERVICE
The City Council adopted a Strategic Plan that includes Mission and Vision Statements, C ore Values, and key Strategic Issues that are of primary focus. Customer Service has been identified as one of the key Strategic Issues, as it is considered central to the City's success.
Chino is proud of the reputation its employees have earned for prov iding exemplary customer service. In the 2022-2023 fiscal year, customer service training will be provided to support each employee's commitment to our Mission Statement, "Together we take pride in providing quality, caring service to our community."
RESPONSIBLE LONG-RANGE PLANNING
As the city grows, it will continue to maintain a focus on responsible, balanced development.
The City will also ensure orderly, well -planned growth, and maintenance of existing infrastructure and facilities. The City will con tinue in its commitment to provide long -range planning that contributes to the quality of life for the community and the effective delivery of municipal services.
The City of Chino performs long-term financial analysis in several key areas of operations. First, staff monitors and projects General Fund operating revenues and expenditures for the next five years. This financial analysis allows staff to identify upcoming financial challenges with sufficient time to make the necessary adjustments. The following table shows the projections for on-going revenues and expenditures with adjustments for known items that will have an impact on General Fund Reserves. Inflation rates of between 2% and 3% were used depending on the type of revenue or expenditure. Higher inflation rates will likely be needed in the near future as the nation’s economy continues to experience severe inflation (see table on next page).
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Projections Proposed
21-22 22-23 23-24 24-25 25-26 26-27 27-28
Total Ongoing Revenues 95,585,214 98,724,291 100,654,471 102,924,795 105,258,426 107,657,236 110,123,157 Total Ongoing Expenditures 92,294,845 101,954,332 104,085,385 106,328,132 108,620,614 110,963,974 113,359,378 Ongoing Revenues Over/(Under) Ongoing Expenditures 3,290,369 (3,230,041) (3,430,914) (3,403,336) (3,362,189) (3,306,738) (3,236,221) PERS (Increases)/Savings - GF Share 1,610,000 1,610,000 1,610,000 1,610,000 1,610,000 Total Ongoing Revenues Over (Under) Expenditures 3,290,369 (3,230,041) (1,820,914) (1,793,336) (1,752,189) (1,696,738) (1,626,221) Fund Balance Based on Ongoing Operations 60,146,748 67,099,512 61,431,411 54,694,497 46,901,160 39,148,972 31,452,234
ONE TIME RECEIPTS/USES OF GENERAL FUND RESERVES
One-Time ARPA Revenues 10,000,000 2,000,000 1,084,000 One-Time Transfers In 226,717 477,328
Project Contributions:
Net Committed Project Funds (5,017,756) (3,901,636) (3,000,000) (3,000,000) (3,000,000) (3,000,000) (3,000,000) Road Repairs/Maintenance (3,000,000) (3,000,000) (3,000,000) (3,000,000) (3,000,000) Total One-Time Uses of Funds 5,208,961 (1,424,308) (4,916,000) (6,000,000) (6,000,000) (6,000,000) (6,000,000) Total Revenues Over (Under) Expenditures - All Sources 8,499,330 (4,654,349) (6,736,914) (7,793,336) (7,752,189) (7,696,738) (7,626,221) Cash Basis / Continuning Appropriation Adjustments (1,546,566) (1,013,752) Ending General Fund Reserves 67,099,512 61,431,411 54,694,497 46,901,160 39,148,972 31,452,234 23,826,013 Total General Fund Expenditures 92,294,845 101,954,332 104,085,385 106,328,132 108,620,614 110,963,974 113,359,378 Fund Balance 67,999,126 61,431,411 54,694,497 46,901,160 39,148,972 31,452,234 23,826,013 Fund Balance as a Percentage of General Fund Expenditures 73.68% 60.25% 52.55% 44.11% 36.04% 28.34% 21.02% Projections
CITY OF CHINO
GENERAL FUND
LONG RANGE FINANCIAL PLAN
The Long-Range Financial Plan shows that on -going revenues are below expenditures into the future. This deficit is, however, within an acceptable range as higher actual revenues or additional expenditure savings have historically occurred. The use of General Fund Reserves to pay for Projects and Road Repair/Maintenance does have a negative impact on General Fund Reserves moving into the future. The City does have several funding sources for Projects and Road Repair/Maintenance other than the General Fund and will monitor these sources closely to ensure adequate reserves are maintained.
However, of particul ar concern to the financial security of the City is the high inflationary environment that is occurring in the US economy. Inflation impacts all the City’s operating costs.
The current 5-year projection includes cost increases of 2%. The City can expect cost increases of approximately $1 million for every additional 1% above the current projections. It is more difficult to predict how inflation will impact revenues. The City’s main revenue source is sales tax. Inflation can be expected to increase the cost of goods purchased; however, as prices rise, consumers generally purchase fewer goods as disposable income decreases.
Proper long-range planning also includes regular reviews of the City’s utility rates. The last rate review covered a five -year period. T he City will be reviewing its utility rates again during FY 2022-23 to establish another five-year rate model. These five-year rate models allow the City to better prepare for replacement and maintenance needs while keeping the rates for water and sewer as stable as possible.
COVID-19 UPDATE
The COVID-19 Pandemic and its resulting lock down of much of the economy during 2020 and 2021 affected cities differently throughout California. Cities dependent on travel and tourism
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experienced severe decreases in th eir major revenue streams. However, Chino General Fund revenues remained strong as Chino’s sales tax base included several pharmaceutical companies that have performed well during the COVID pandemic. Additionally, the City received funds from the Federal CARES Act and the American Rescue Plan Act during the course of the last several years.
The City of Chino is scheduled to receive a total of $18,351,464 in COVID related funding. The City recognized $3.4 million of these funds in FY 2020 -21. Another $11 .7 million will be recognized during FY 2021-22, with $2 million in FY 2022 -23, and the remaining amount being recognized in future years. The majority of these grant funds are being recognized as revenue by the City’s General Fund, with the remaining amou nts being recognized in the Employee Benefits Fund. The following table shows a history of General Fund revenues including COVID grants received from Federal, State and County governments.
Other COVID impacts to the City of Chino include the Governor o f California’s prohibition on disconnecting utility customers for non -payment during COVID -19. The City did experience an increase in the number of service accounts that did not pay their monthly utility bills. However, this increase was not significant en ough to disrupt the daily operations of the City utility functions.
FY 2021-22 PROJECTED GENERAL FUND RESULTS
The FY 2021 -22 Adopted Budget presented an on -going operating gain of $5.1 million. Based on current projections, actual on -going operating gai ns will be $3.3 million. This decrease of $1.8 million is due to the American Rescue Plan Act (ARPA) receipt of $7.4 million being reclassified as one -time non -operating revenue. However, this decrease of $7.4 million was mostly offset by revenue increases in sales taxes, interest income, and CFD Services revenue.
Additionally, expenditures were under budget by $2.1 million as departments closely monitored operating costs.
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Total revenues over expenditures (including one-time items) is projected to be $8.5 million. This is $7.2 million higher than budgeted operations. This change is again the result of the ARPA funds and how they were recognized.
General Fund Reserves were budgeted to be $62 million at the end of Fiscal Year 2021 -22.
Projected ending reserves will be $67.1 million at year end.
FY 2022-23 PROPOSED BUDGET
GENERAL FUND BUDGET OVERVIEW
The goal of the City Budget is to provide the City Council, City staff and the residents of the city with an accurate picture of the finances for the City in the year ahead. Because this financial picture is a forecast, changes often occur as the year unfolds. Projects get delayed, programs are either expanded or contracted based on participation levels, and expenditures historically end up under budget as departments seek to operate as efficiently as possible. In a continuing effort to present a budget that is realistic and as close to the final outcome as possible, staff has implemented two key budgetary tactics:
The Expenditure Savings Contingency : this concept attempts to recognize final expenditure savings at the front end of the budget process. For the last three years, the Expenditure Savings Contingency was calculated at 65% of the average of the last five years savings amounts. For Fiscal Year 2022-23, staff is recognizing a larger amount of savings up front by calculating 75% of the average of the last five years actual savings for a total offset of $3,188,200.
The Committed Funds Transfer : this concept transfers General Fund one -time project commitments to their respective funds upon City Council approval. This will avoid large swings in the General Fund Reserves because the approved projects were not completed in one fiscal year. Transferred funds will be returned to the General Fund by manageme nt decision if a project is delayed or cancelled, and if excess funds remain upon the project’s completion.
Therefore, $3,901,636 will be transferred out to other funds during FY 2022 -23 in order to get a more accurate General Fund reserve balance as of June 30, 2023.
FY 2022-23 PROPOSED GENERAL FUND BUDGET
For FY 2022 -23, staff is presenting a Proposed General Fund Budget with an on -going operating deficit of $3.2 million, one -time revenues of $2.5 million, committed project contributions of $3.9 mill ion, and Continuing Appropriations of $1.1 million, resulting in ending General Fund Reserves of $61.4 million. Projected ending General Fund Reserves of $61.4 million represents 60.25% of total ongoing General Fund expenditures.
With the adoption of the FY 2019-20 Budget, the City Council directed that should General Fund Reserves (as measured by the most recently completed City Annual Comprehensive Financial Report) fall below 50% of on -going operating expenditures, there will be an immediate hiring freeze. This hiring freeze will remain in place until an orderly financial plan for cost -reduction or
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revenue enhancement has been developed to replenish the reserves within a reasonable time.
The policy is based on ending actual results due in December of 2023.
FY 2022-23 PROPOSED GENERAL FUND REVENUES
Sales tax is proposed to be $35.5 million for the year. This is an increase of $2.2 million from the prior year. Sales tax receipts have fluctuated widely in recent years. These fluctuations are the result of one-time sales and use tax receipts as well as the impacts of the COVID pandemic.
Based on the FY 22 -23 sales tax budget, the average annualized increase for sales tax since FY 17-18 is 7.8% per year.
Property tax is proposed to be $31.4 million fo r the year. This is an increase of $2.4, or 8.3%, over the prior period. Property values continue to increase given the strength of the housing market even during the pandemic. Additionally, new development continues to add to the assessed valuation of the City. The major components of property tax revenue include the Ad Valorem tax (the 1% Proposition 13 tax), property tax in-lieu of VLF, and property taxes from the RDA elimination.
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Development related revenue is proposed to be $9.3 million for the y ear. This is a decrease of $2.1 million for the adopted budget in FY 2021 -22. This decrease is due to a reduction in the number of industrial buildings expected to be completed in FY 2022-23. Residential construction is currently expected to remain strong, however, recent increases in the Federal Funds rate as of this writing may require another review of this revenue source.
The General Fund’s three major revenue sources of Sales Tax, Property Tax, and Development related revenue comprise 75.4% of the total General Fund revenues.
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FY 2022-23 PROPOSED GENERAL FUND EXPENDITURES
General Fund salary expenditures are increasing $3.6 million for the year. This increase includes the negotiated salary increase for sworn and non-sworn employees of 2%, as well as 8 new full-time positions, 15 part-time to full-time conversions, and 6 salary upgrades.
POSITION CHANGES
For FY 2022-23, the following new positions and salary adjustments have been included in the Proposed Budget for City Council consideratio n. The Corporal positions are being requested to meet the service demands brought on by the ever -increasing number of people both living and working in the city. Information Technology positions are needed to adequately meet the needs
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of the City’s growing technology capabilities. Other positions in Public Works and Community Services are needed to meet the City’s increasing demands for park maintenance and Capital Projects.
Salary adjustments are being requested to bring equity to similar positions both w ithin the City of Chino and with other outside agencies. These adjustments will help ensure that key management level positions remain competitive and provide equity with other similar positions.
The total cost of salaries and benefits for the requested positions to the City is $1,492,005.
New Positions:
Department New Position Major Funding Source
Salary &
Benefit Cost
Police Corporal General Fund $146,676
Police Corporal General Fund $146,676
Human Resources Information Technology Analyst Central Services Fund $130,516 Human Resources Information Technology Specialist Central Services Fund $99,050 Public Works Management Aide Water Fund $98,783
Public Works Clerk Typist II General Fund $75,514
Public Works Lead Worker General Fund $92,386
Public Works Maintenance Workers - 10 General Fund $309,880 Community Services Assistant Project Coordinator Building Management Fund
$121,786
Community Services Community Services Specialists -
5 School District
Reimbursement
$144,675
Salary Adjustments:
Department Position
Salary & Benefit
Cost
Human Resources Information Technology Manager $15,540
Various Department Directors $89,292
Reclassifications:
Department Position
Salary &
Benefit Cost
Development Services Transportation Manager to City Traffic Engineer $21,231
OPERATING EXPENSES
General Fund Maintenance & Operation (M&O) expenses are increasing $2.6 million. Major increases in the M&O category are Owner Participation and Other Contractual expenses. These two areas of expense are increasing by a combined $2.1 million. Owner Participation agreements are increasing $1.5 million due to increasing sales tax receipts of a major manufacturer in the city.
Other Contractual expenses are increasing by $629,641. This is due to the increase in the Cit y contract with the Fire District, which is increasing $600,000.
General Fund allocated costs (excluding salary allocations) are increasing $1.3 million. The largest portion of this increase is due to Central Services increasing $725,702 from computer replacement and electronic storage enhancement projects. Building and insurance allocations are going up a combined $551,300 due to general increases.
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OTHER FUNDS
Special Revenue Funds
The City commits significant General Fund dollars to subsidize Communit y Services Programs, Transportation Programs, and Landscape Maintenance throughout the city. Community Services Programs include youth sports, counseling services, and social services programs that assist those with mental health issues and/or addiction to drugs and alcohol. Transportation Programs maintain city streets and increase the ease of traffic flow throughout the city. Finally, Landscape Maintenance intends to beautify the city thoroughfares and neighborhood streets with proper landscaping. For FY 2022-23, the City’s General Fund will contribute $21.3 million for these services.
Enterprise Funds
The City’s Enterprise Funds provide for water, sewer, storm drain, and sanitation services for residents and businesses throughout the city. Expenses for operations and capital improvements are covered by the monthly utility rates charged to customers. These monthly rates have been approved by customers via California’s Proposition 218 procedures effective through June 30, 2023. The City will be performing a new five -year rate analysis during FY 2022-23 with new rates effective July 1, 2023.
The City is actively working to maintain and improve the infrastructure needed to deliver utility services. For FY 2022-23, $72.4 million is being proposed for capital improvement projects. The Water Fund has $53.3 million in projects that will provide for clean, reliable water throughout the city. The Water Fund’s large beginning Fund Balance of $52.1 million is the result of the City’s successful litigation efforts ag ainst several chemical companies. These monies will be used to build water treatment facilities and increase the water supply available to the city.
Additionally, the City has committed $8.2 million for sewer construction and relining projects, $7.1 milli on for storm drain projects and $3.7 million for alleyway rehabilitation in the central portion of the city.
Internal Service Funds
The City’s Internal Service Funds account for service costs provided to each department. These costs are then allocated out to each department based on the benefit received. Additionally, these funds have accumulated sufficient reserves to provide for expected or unexpected needs that arise relating to their areas of focus. In total, the Internal Service Funds have $16.9 mill ion of Fund Balance Reserves accumulated for this purpose.
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Based on the City’s long-range on-going revenue and expenditure projections, the City will need to closely monitor and control several major expenditure categories in order to achieve a balanced budget. Expenditure categories worth monitoring include:
• City-wide landscaping costs – Increased an average of 6.1% per year over the last seven years
• Transportation maintenance costs - Increased an average of 12.4% per year over the last seven years
• Long-term inflationary impacts on salaries, benefits, and general operating costs
As of this writing, inflation is running at 8.3% year over year for the month ending April 2022.
The year over year inflation rate of 8.5% for March was the highest rate in four decades. The Federal Reserve recently announced an increase of 50 basis points to the Federal Funds Rate.
This increase is designed to slow economic activity which could also have significant impacts to City revenues.
No one knows the ultimate final impact that inflation or higher interest rates will have on State, County or City governments across the United States. The City of Chino is heading into this economic storm in good financial condition. With good reserves, and recent experience in reducing expenditures to match available revenues during the recent housing crisis, the City will take action should the need arise.
FY 2022-23 PROPOSED BUDGET CONCLUSION
The FY 2022 -23 Proposed Budget shows beginning General Fund reserves of $67.1 million.
The FY 2022 -23 Proposed Budget will have an operating deficit of $3.2 million with one -time revenues of $2.5 million. Therefore, the City will utilize General Fund Reserves of $752,714 to obtain a balanced budget. The City will also utilize $3.9 million of reserves for park and street projects as well as $1.1 million for prior year carry -over expenditures. This leaves the General Fund with $61.4 million in projected reserves at the end of FY 2022-23.
City staff have reviewed operating expenditures closely to maintain existing operations given the City’s ongoing operating revenues. As mentioned, the City’s goal is to avoid reliance on one - time revenues. The City has been fortunate over the course of the last seven years seeing large one-time increases in both sales tax and development related revenues. However, to remain financially sound in the future, expenditures need to be based on ongoing revenues as much as possible.
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APROPRIATIONS LIMIT
Article XIII -B of the State Constitution (as amended by Propositio n 111) requires the City to adopt an annual limit on the appropriation of tax proceeds, which defines the amount of tax revenue the City can allocate in a given year. For FY 2022-23, the City’s appropriations limit has been calculated in accordance with St ate guidelines. This calculation was made by using the Alternate 2022-23 Appropriations Limit Factor for Nonresidential New Construction of 17.69 % and the City’s annual population change of 1.75%, which is in accordance with the provisions of Article XIII-B of the State Constitution.
The appropriations limit for FY 20 22-23 for the City of Chino is $ 3.042 billion. Tax revenue budgeted for this fiscal year that is subject to the appropriations limit is $79 million, which places the FY 2022-23 City budget $2.963 billion under the limit. The difference represents the amount of tax revenue that the City could appropriate if the revenue is available. Resolution No. 2022- 043 sets the City’s Appropriations Limit (Gann Limit) for FY 2022-23.
Attachments: Budget Resolution No. 2022-042
Budget Appropriations Resolution No. 2022-043
Salary Resolution No. 2022-044
Salary Schedules
RB:hm
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RESOLUTION NO. 2022-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR
FISCAL YEAR 2022-23
WHEREAS, the Chino City Manager presented to the Chino City Council a proposed budget for Fiscal Year 2022-23; and
WHEREAS, the City Council held a public budget workshop on May 19th, 2022, in the Council Chambers of the City, beginning at the hour of 2:00 p.m., in order to review the requested budget document for Fiscal Year 2022-23; and
WHEREAS, the City Council did review the requested budget for the Fiscal Year 2022-23; and
WHEREAS, the original of the requested budget has been revised so as to reflect each and all amendments, changes and modifications which the City Council, up to the time of the adoption of this Resolution, believes should be made in the proposed budget as so submitted and to correct any non-substantive errors discovered; and
WHEREAS, said changes and modifications to the requested budget have been incorporated into the proposed budget for Fiscal Year 2022-23; and
WHEREAS, the City Council wishes to operate in a fiscally conservative manner to ensure the long-term viability of the City and it s operations with respect to providing necessary public services to the residents of Chino, including, but not limited to, police, fire, community services, and transportation services; and
WHEREAS, the City Council wishes to ensure that G eneral Fund on-going expenditures are paid for with General Fund on -going revenues so that the City does not begin to operate in a deficit position year over year; and
WHEREAS, adding new staffing positions during the budget process increases the on-going operating expenditures of the City in perpetuity and subjects the City to operating deficits should local economic conditions slow thereby resulting in lower General Fund revenues for the City; and
WHEREAS, the City’s Annual Comprehensive Financi al Report (ACFR), published by approximately December 31st of each year and prepared by an accountant independent of the City provides the most comprehensive financial picture of the City for the previous fiscal year (the “ACFR”) and provides a good mechan ism to determine the heath of the general fund revenues and expenditures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chino, as follows:
SECTION 1. The financial portion of the proposed budget for the City of Chino for Fiscal Year 2022-23, as so amended by the City Council and staff in an open session, as now before this Council, and on file in the office of the City Clerk of the City of Chino, is expressly incorporated in this Resolution and made a part thereof.
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SECTION 2. The said proposed budget of the City of Chino for Fiscal Year 2022-23, as so amended, is hereby approved and adopted. In adopting said budget, the City Council hereby adopts and approves the total dollar amount under the column “FY 2022-23 Proposed” in each department’s programs and department funding sources throughout the Fiscal Year 2022-23 proposed docu ment. Further, the City Council hereby approves the salary allocations as presented throughout the various departmental programs, along with the schedule of interfund transfers, continuing appropriations, and Five-Year Capital Improvement Program. If, during the fiscal year, the Director of Finance certifies that there are sufficient funds available for appropriation, the City Council, by minute order, may make additional appropriations or other amendments to the budget for the fiscal year.
SECTION 3. The City Manager is hereby authorized and instructed to take all steps necessary to implement this Resolution.
SECTION 4. The City Manager, for the purpose of administrative necessity in implementing the budget, may authorize budget transfers between fund s to cover expenses which have been approved by the City Council, except where such transfer is expressly prohibited in a resolution or ordinance approved by the City Council. The Director of Finance or his/her designee may authorize budgetary transfers wi thin the same fund to the appropriate line items, programs, or projects, as long as the total budget has not exceeded the amount approved by the Mayor and City Council. The level of budgetary controls is to ensure compliance with the budget as approved and adopted by the City Council.
SECTION 5. The City Manager is hereby instructed to cause to be prepared a mid -year report on the status of expenditure and revenue levels in the General Fund as they pertain to the Fiscal Year 2022-23 budget as adopted herein.
SECTION 6. The City Clerk is hereby instructed to have copies of the adopted budget duplicated and available for public review and a copy made available on the City’s web site as soon as practicable.
SECTION 7. The Proposed Budget for F iscal Year 2022-23 so submitted, amended, and filed shall be the budget for the City of Chino for Fiscal Year 2022-23 as contemplated to be made by the City Council under the requirements of Article XIII-B of the California Constitution.
SECTION 8. The City Council hereby desires to maintain sufficient reserves to fund on -going operations of the City. Therefore, the City will annually monitor the ending Fund Balance for the General Fund with a goal of maintaining reserves at a minimum of 50% of on-going expenditures.
Should actual ending General Fund reserves fall below 50% of on-going operating expenditures, a hiring freeze of new staff and the replacement of existing staff will be implemented. Such hiring freeze shall continue in effect until the City Council approves an acceptable plan to bring the City’s General Fund on -going operating revenues equal to its General Fund on -going operating expenditures or a future ACFR shows that the General Fund reserves have risen above the 50% requirement. This requirement will commence with the Fiscal Year ending June 30, 2020 and will continue until repealed by the City Council.
General Fund on -going revenues and expenditures will be defined and measured by those identified on the Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual General Fund contained within the City’s ACFR. Transfers In and Transfers Out on the Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual General Fund schedule con tain both one -time and on -going transfers; therefore, on -going
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transfers will be identified during the annual budget adoption process and contained in the Transfers section of the budget (see Exhibit 1 as an example). Calculating the percentage of Fund Balance at end of year for the General Fund to On -going expenditures will be performed by dividing Fund Balance – End of year for the General Fund, by total on -going General Fund expenditures. The calculation will utilize audited actual amounts from the ACFR and the City’s internal accounting records. See attached Exhibit 2 for the actual results of the FY 2020-21 calculation.
APPROVED AND ADOPTED by the City Council of the City of Chino, this 21st day of June 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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RESOLUTION NO. 2022-042
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State of California )
County of San Bernardino )ss
City of Chino )
I, ANGELA ROBLES , City Clerk of the City of Chino, California, do hereby certify that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 21st day of June 20 22, and that it was so adopted by called vo te as follows:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
___________________________________
ANGELA ROBLES, CITY CLERK
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RESOLUTION NO. 2022-042
PAGE 5
Exhibit 1
On-Going General Fund Expenditure Transfers
Adopted June 20, 2017
Expenditures:
Fund Number Fund Name
FY 2017-18 Budget
Amount
Actuals Based on
Internal Accounting
Records
320 Transportation Maintenance 4,240,321 3,018,321 330 Community Services 4,556,395 4,220,219 360 Landscape and Lighting 4,808,696 4,251,790 361 Assessment District 826,206 653,928 14,431,618 12,144,258
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RESOLUTION NO. 2022-042
PAGE 6
Exhibit 2
Calculation of General Fund Reserves to On-Going Expenditures Obtained from the Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual General Fund Page 92 of FY 2020-21 ACFR
Actual Amount
Fund Balance - End of year
60,146,748
On-Going Expenditures:
CAFR page 92
72,478,171
Actual Transfers Out:
Transportation Maintenance
4,841,378
Community Services
4,865,410
Landscape and Lighting
5,888,932
Assessment District
598,560
Total On-Going Expenditures
88,672,451
88,672,451
Percentage of Reserves to On-going
Expenditures 67.8%
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Packet Pg. 155
RESOLUTION NO. 2022-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23
WHEREAS, Article XIII -B of the State Constitution places various limitations on the budgetary appropriations of state and local governments; and
WHEREAS, the limit of appropriations for the Fiscal Year 2022-23 is calculated by adjusting the base year (1978 -1979) appropriations by the percent age changes in the City population growth or County population growth and the California per capita personal income change or the increase in non-residential new construction assessed valuation; and
WHEREAS, the Appropriations Limit for the City of Chino for Fiscal Year 2022-23 has been calculated using the Nonresidential New Construction Alternate 2022-23 Appropriation Limit Factor of 17.69 % and the City’s annual population change of 1.75%, which is in accordance with the provisions of Article XIII-B of the State Constitution; and
WHEREAS, the information necessary for making these calculations is available in the City’s Finance Department; and
WHEREAS, the City of Chino has complied with all the provisions of the State Constitution in determining the Appropriations Limit for Fiscal Year 2022-23.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chino, as follows:
SECTION 1. That the A ppropriations Limit in FY 2022-23 for the City of Chino shall be $3,042,716,357.04 and the appropriations subject t o the limitation are $78,961,650.18 which is $2,963,754,706.86 under the appropriation limit; and
SECTION 2. That the City of Chino reserves the right to recalculate said limitation at a future time.
APPROVED AND ADOPTED THIS 21st day of June 2022.
BY:
______________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________
ANGELA ROBLES, CITY CLERK
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Resolution No. 2022-043
State of California )
County of San Bernardino )ss
City of Chino )
I, ANGELA ROBLES , City Clerk of the City of Chino, California, do hereby certify that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 21st day of June 2022, and that it was so adopted by called vo te as follows:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
___________________________________
ANGELA ROBLES, CITY CLERK
8.10.b
FY 22-23 Budget Adoption
Packet Pg. 157
RESOLUTION NO. 2022-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NOS. 2021-047, 2021-060, 2021-064, 2021-070, 2021-071, 2021-077, 2021-075, 2021-081, 2021-082, 2021- 087, 2022-005, 2022 -014, 2022 -017 and 202 2-023 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the authority to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to m eet changing business conditions and serve budgetary staffing and general organizational needs; and
WHEREAS, the need to add twenty-three new full-time positions has been identified; and
WHEREAS, the need to retitle existing full-time position has been identified; and
WHEREAS, the need to create the salary range for the new classification of City Traffic Engineer has been identified; and
NOW, THEREFORE, BE IT RESOLVED that the following Classification and Salary Schedule changes are established for the pay period beginning June 27, 2022:
Add:
Two (2) Full-time Corporal (CPOA)
One (1) Full-time Information Technology Analyst (UNREPRESENTED MANAGEMENT) One (1) Full-time Information Technology Specialist (CONFIDENTIAL) One (1) Full-time Clerk Typist II (TEAMSTERS)
One (1) Full-time Management Aide (TEAMSTERS)
One (1) Full-time Maintenance Lead Worker (AFSCME)
Ten (10) Full-time Maintenance Worker (AFSCME)
One (1) Full-time Assistant Project Coordinator (TEAMSTERS) Five (5) Full-time Community Services Specialist (TEAMSTERS)
Abolish:
One (1) Full-time Civil Engineering Manager
Retitle:
One (1) Full-time Transportation Manager to One (1) Full-time City Traffic Engineer (Unrepresented Management)
Non-Sworn Management Classification (monthly salary amounts) Base 22.5% Maximum
City Traffic Engineer (new) $10,798 $13,227 $14,038
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RESOLUTION NO. 2022-044
PAGE 2
APPROVED AND ADOPTED THIS 21st day of June, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
Attachments:
• Exhibit A 202 2 Classification and Salary Schedule for Management, Non -Management and Part-Time Employees.
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RESOLUTION NO. 2022-044
PAGE 3
State of California )
County of San Bernardino )ss
City of Chino
)
I, ANGELA ROBLES , City Clerk of the City of Chino, California, do hereby certify that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 21st day of June 2022, and that it was so adopted by called vote as follows:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
___________________________________
ANGELA ROBLES, CITY CLERK
8.10.c
FY 22-23 Budget Adoption
Packet Pg. 160
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
ACCESSIBILITY COORDINATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,568 $8,046 $8,537
ADMINISTRATIVE SERVICES MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,978 $8,548 $9,072
ASSISTANT CITY MANAGER (Executive Management)
Base Outstanding 22.5% Outstanding 35%
$14,469 $17,726 $19,534
ASSISTANT CITY ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$9,583 $11,740 $12,459
ASSISTANT CIVIL ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,942 $8,504 $9,026
ASSISTANT ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
ASSISTANT PUBLIC WORKS SERVICES MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,183 $8,798 $9,336
ASSISTANT TO THE CITY MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,978 $8,548 $9,072
ASSISTANT WATER UTILITIES SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$5,528 $6,773 $7,187
ASSOCIATE CIVIL ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$8,254 $10,111 $10,729
ASSOCIATE ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,860 $9,630 $10,218
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
MANAGEMENT FULL-TIME POSITIONS Page 1 of 9
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Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
ASSOCIATE PLANNER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,568 $8,046 $8,537
BILLING MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,620 $8,109 $8,605
BUDGET COORDINATOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,978 $8,548 $9,072
BUILDING AND CODE COMPLIANCE MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,529 $11,673 $12,389
BUILDING OFFICIAL (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$8,940 $10,953 $11,623
CAPITAL IMPROVEMENT PROJECTS ENGINEERING MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,583 $11,740 $12,459
CAPITAL PROJECTS MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,529 $11,673 $12,389
CAPTAIN (Unrepresented Sworn Management)
Base Outstanding 17.5% Outstanding 20%
Base $13,147 $15,448 $15,776
Intermediate
POST (3%) $13,541 $15,911 $16,249
Advanced
POST (6%) $13,936 $16,375 $16,723
Advanced&
Management
POST (15%)
$15,119 $17,765 $18,142
MANAGEMENT FULL-TIME POSITIONS Page 2 of 9
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Packet Pg. 162
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
CHIEF OF POLICE (Executive Management)
Base Outstanding 22.5% Outstanding 35%
Base $14,469 $17,726 $19,534
Advanced
POST (6%) $15,337 $18,790 $20,706
Advanced&
Management
POST (15%)
$16,639 $20,385 $22,464
Executive
POST (16%) $16,784 $20,562 $22,659
CITY CLERK (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,683 $9,411 $9,988
CITY COUNCIL (Elected Official)
Base
$1,281
CITY ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$10,798 $13,227 $14,038
CITY MANAGER
Base
$24,616
CITY PLANNER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$9,583 $11,740 $12,459
CITY TRAFFIC ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$10,798 $13,227 $14,038
CIVIL ENGINEERING MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$8,712 $10,673 $11,327
CLINICAL SPECIALIST (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,253 $8,887 $9,429
MANAGEMENT FULL-TIME POSITIONS Page 3 of 9
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Packet Pg. 163
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
COMMUNICATIONS MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,683 $9,411 $9,988
COMMUNITY SERVICES MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$8,619 $10,559 $11,206
CONSTRUCTION PROJECT COORDINATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$5,946 $7,283 $7,730
CONTRACTS ADMINISTRATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
CRIME PREVENTION/COMMUNITY OUTREACH SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
DEPUTY CHIEF OF POLICE (Unrepresented Sworn Management) Base Outstanding 17.5% Outstanding 20%
$13,804 $16,220 $16,565
DEPUTY CITY MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$10,612 $13,000 $13,797
DEPUTY DIRECTOR OF COMMUNITY SERVICES (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,529 $11,673 $12,389
DEPUTY DIRECTOR OF DEVELOPMENT SERVICES (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$10,798 $13,227 $14,038
DEPUTY DIRECTOR OF FINANCE/CPA (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$10,798 $13,227 $14,038
DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT (Unrepresented Managem Base Outstanding 22.5% Outstanding 30%
$9,529 $11,673 $12,389
MANAGEMENT FULL-TIME POSITIONS Page 4 of 9
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Packet Pg. 164
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
DEPUTY DIRECTOR OF PUBLIC WORKS (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$10,798 $13,227 $14,038
DIRECTOR OF COMMUNITY SERVICES (Executive Management) Base Outstanding 22.5% Outstanding 35%
$13,653 $16,726 $18,433
DIRECTOR OF DEVELOPMENT SERVICES (Executive Management) Base Outstanding 22.5% Outstanding 35%
$13,653 $16,726 $18,433
DIRECTOR OF FINANCE (Executive Management)
Base Outstanding 22.5% Outstanding 35%
$13,653 $16,726 $18,433
DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT (Executive Management) Base Outstanding 22.5% Outstanding 35%
$13,653 $16,726 $18,433
DIRECTOR OF PUBLIC WORKS (Executive Management)
Base Outstanding 22.5% Outstanding 35%
$13,653 $16,726 $18,433
ECONOMIC DEVELOPMENT MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,679 $9,404 $9,979
EMERGENCY SERVICES COORDINATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
ENVIRONMENTAL COORDINATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,759 $8,279 $8,787
EQUIPMENT MECHANIC SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$5,946 $7,283 $7,730
FACILITY COORDINATOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
MANAGEMENT FULL-TIME POSITIONS Page 5 of 9
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Packet Pg. 165
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
FISCAL SERVICES MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,620 $8,109 $8,605
GROUNDS SUPERVISOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$5,946 $7,283 $7,730
HUMAN RESOURCES & RISK ANALYST (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
INFORMATION TECHNOLOGY ANALYST (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,344 $7,772 $8,249
INFORMATION TECHNOLOGY MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,458 $11,586 $12,295
INFORMATION TECHNOLOGY NETWORK ADMINISTRATOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,949 $8,513 $9,032
INTERIM CITY MANAGER
Base
$19,273
LIEUTENANT (CPMA)
Base Outstanding 17.5% Outstanding 20%
Base $11,284 $13,259 $13,541
Intermediate
POST (3%) $11,623 $13,657 $13,947
Advanced
POST (6%) $11,961 $14,055 $14,353
Advanced
&Supervisory
POST (12%)
$12,638 $14,850 $15,166
Advanced&
Management
POST (15%)
$12,977 $15,248 $15,572
MANAGEMENT ANALYST (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,612 $8,100 $8,597
MANAGEMENT FULL-TIME POSITIONS Page 6 of 9
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Packet Pg. 166
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
MAYOR (Elected Official)
Base
$1,534
PERMIT AND INSPECTION SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
POLICE RECORDS SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$4,801 $5,882 $6,242
PRINCIPAL ENGINEER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$8,254 $10,111 $10,729
PRINCIPAL PLANNER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$8,606 $10,543 $11,187
PROJECT COORDINATOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,568 $8,046 $8,537
PROJECTS MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,766 $9,515 $10,097
PUBLIC SAFETY DISPATCHER SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$5,527 $6,772 $7,186
PUBLIC WORKS PROJECT MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$8,254 $10,111 $10,729
PUBLIC WORKS SERVICES MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$8,619 $10,559 $11,206
PUBLIC WORKS SUPERVISOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$5,946 $7,283 $7,730
MANAGEMENT FULL-TIME POSITIONS Page 7 of 9
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Packet Pg. 167
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
PURCHASING MANAGER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$6,620 $8,109 $8,605
SENIOR HUMAN RESOURCES & RISK ANALYST (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,978 $8,548 $9,072
SENIOR MANAGEMENT ANALYST (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,978 $8,548 $9,072
SENIOR PLANNER (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$7,226 $8,854 $9,394
SERGEANT (CPMA)
Base Outstanding 17.5% Outstanding 20%
Base $9,401 $11,045 $11,281
Intermediate
POST (3%) $9,683 $11,376 $11,619
Advanced
POST (6%)
$9,965 $11,708 $11,958
Advanced
&Supervisory
POST (12%)
$10,529 $12,370 $12,635
Advanced&
Management
POST (15%)
$10,811 $12,702 $12,973
SEWER & STORM DRAIN SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$6,759 $8,279 $8,787
STREETS SUPERVISOR (Unrepresented Management)
Base Outstanding 22.5% Outstanding 30%
$5,946 $7,283 $7,730
SUPERVISING BUILDING INSPECTOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
SUPERVISING CODE COMPLIANCE INSPECTOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
MANAGEMENT FULL-TIME POSITIONS Page 8 of 9
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Packet Pg. 168
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-071 & 2021-075
Classification and Salary Schedule - Management Positions Effective for the fiscal year 2022-2023
SUPERVISING PLANS EXAMINER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
TECHNICAL SERVICES MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,521 $11,662 $12,378
UTILITIES ENGINEERING AND OPERATIONS MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$9,583 $11,740 $12,459
WATER AND ENVIRONMENTAL MANAGER (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$8,712 $10,673 $11,327
WATER UTILITIES SUPERVISOR (Unrepresented Management) Base Outstanding 22.5% Outstanding 30%
$7,190 $8,807 $9,348
MANAGEMENT FULL-TIME POSITIONS Page 9 of 9
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FY 22-23 Budget Adoption
Packet Pg. 169
ACCOUNT CLERK I (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,578 $3,757 $3,944 $4,143 $4,349
ACCOUNT CLERK II (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,931 $4,127 $4,333 $4,550 $4,778
ACCOUNT CLERK III (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,224 $4,436 $4,658 $4,892 $5,137
ACCOUNTANT (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,913 $6,208 $6,518 $6,845 $7,187
ACCOUNTING TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,527 $4,752 $4,991 $5,241 $5,503
ADMINISTRATIVE SECRETARY (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
ADMINISTRATIVE SECRETARY - COMMUNITY SERVICES (CONFIDENTIAL) Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
ADMINISTRATIVE SECRETARY - DEVELOPMENT SERVICES (CONFIDENTIAL) Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
ADMINISTRATIVE SECRETARY - FINANCE (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
ADMINISTRATIVE SECRETARY - HUMAN RESOURCES (CONFIDENTIAL) Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
ASSISTANT PLANNER (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,670 $5,954 $6,251 $6,563 $6,891
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions NON-MANAGEMENT FULL-TIME POSITIONS Page 1 of 9
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Packet Pg. 170
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
ASSISTANT PROJECT COORDINATOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,336 $6,653 $6,986 $7,336 $7,702
BILLING SUPERVISOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,958 $6,256 $6,568 $6,896 $7,242
BUILDING INSPECTOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,962 $6,259 $6,572 $6,901 $7,245
BUILDING MAINTENANCE SUPERVISOR (AFSCME)
Step A Step B Step C Step D Step E
$5,913 $6,208 $6,518 $6,845 $7,187
BUILDING MAINTENANCE WORKER (AFSCME)
Step A Step B Step C Step D Step E
$4,109 $4,315 $4,530 $4,756 $4,995
CABLE TV ASSOCIATE (SBPEA/TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$2,502 $2,628 $2,759 $2,897 $3,041
CABLE TV PRODUCTION COORDINATOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,300 $4,516 $4,742 $4,978 $5,229
CASE MANAGER I (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,685 $3,869 $4,063 $4,267 $4,479
CASE MANAGER II (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,111 $4,317 $4,533 $4,758 $4,997
CLERICAL AIDE (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$2,857 $3,001 $3,151 $3,308 $3,473
CLERK TYPIST I (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,163 $3,322 $3,487 $3,662 $3,843
NON-MANAGEMENT FULL-TIME POSITIONS Page 2 of 9
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FY 22-23 Budget Adoption
Packet Pg. 171
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
CLERK TYPIST II (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,480 $3,654 $3,836 $4,029 $4,230
CODE COMPLIANCE INSPECTOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,376 $5,645 $5,927 $6,224 $6,536
CODE COMPLIANCE TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,934 $5,182 $5,441 $5,711 $5,997
COMMUNITY SERVICES COORDINATOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,524 $4,748 $4,988 $5,236 $5,498
COMMUNITY SERVICES SPECIALIST (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,393 $3,564 $3,744 $3,934 $4,134
COMMUNITY SERVICES SUPERVISOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,845 $6,137 $6,443 $6,766 $7,104
CORPORAL (CPOA)
Step A Step B Step C Step D Step E
Base $7,654 $8,036 $8,438 $8,862 $9,304
Intermediate
POST (3%) $7,884 $8,277 $8,691 $9,128 $9,583
Advanced
POST (6%)
$8,113 $8,518 $8,944 $9,394 $9,862
CRIME ANALYST (CPPEA)
Step A Step B Step C Step D Step E
$6,217 $6,527 $6,854 $7,196 $7,556
CRIME PREVENTION & COMMUNITY OUTREACH SPECIALIST (CPPEA) Step A Step B Step C Step D Step E
$5,008 $5,259 $5,523 $5,799 $6,087
CUSTOMER SERVICE REPRESENTATIVE (AFSCME)
Step A Step B Step C Step D Step E
$4,109 $4,315 $4,530 $4,756 $4,995
NON-MANAGEMENT FULL-TIME POSITIONS Page 3 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 172
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
CUSTOMER SERVICE LEAD REPRESENTATIVE (AFSCME)
Step A Step B Step C Step D Step E
$4,314 $4,528 $4,753 $4,994 $5,242
DEPUTY CITY CLERK (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,423
ENGINEERING AIDE (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,964 $4,162 $4,370 $4,588 $4,817
ENGINEERING TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,423
ENVIRONMENTAL TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,423
EQUIPMENT MECHANIC (AFSCME)
Step A Step B Step C Step D Step E
$4,862 $5,107 $5,363 $5,631 $5,913
EQUIPMENT MECHANIC LEAD (AFSCME)
Step A Step B Step C Step D Step E
$5,348 $5,615 $5,897 $6,190 $6,501
EXECUTIVE ASSISTANT (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,423
EXECUTIVE ASSISTANT TO THE CITY COUNCIL (CONFIDENTIAL) Step A Step B Step C Step D Step E
$5,311 $5,576 $5,857 $6,148 $6,455
EXECUTIVE SECRETARY (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,423
FACILITIES WORKER (AFSCME)
Step A Step B Step C Step D Step E
$3,700 $3,886 $4,078 $4,281 $4,496
NON-MANAGEMENT FULL-TIME POSITIONS Page 4 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 173
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
HUMAN RESOURCES SPECIALIST (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$4,843 $5,085 $5,338 $5,605 $5,885
HUMAN RESOURCES TECHNICIAN (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$4,611 $4,843 $5,085 $5,338 $5,605
INFORMATION TECHNOLOGY SPECIALIST (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$4,933 $5,181 $5,440 $5,711 $5,996
MAINTENANCE LEAD WORKER (AFSCME)
Step A Step B Step C Step D Step E
$4,521 $4,746 $4,985 $5,233 $5,496
MAINTENANCE WORKER (AFSCME)
Step A Step B Step C Step D Step E
$4,109 $4,315 $4,530 $4,756 $4,995
MANAGEMENT AIDE (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,917 $5,162 $5,420 $5,691 $5,976
MANAGEMENT ASSISTANT (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,336 $6,653 $6,986 $7,336 $7,702
MANAGEMENT ASSISTANT - ADMINISTRATION (CONFIDENTIAL) Step A Step B Step C Step D Step E
$6,336 $6,653 $6,986 $7,336 $7,702
MANAGEMENT ASSISTANT - COMMUNITY SERVICES (CONFIDENTIAL) Step A Step B Step C Step D Step E
$6,336 $6,653 $6,986 $7,336 $7,702
MANAGEMENT ASSISTANT - FINANCE (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$6,336 $6,653 $6,986 $7,336 $7,702
MULTIMEDIA OFFICER (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$6,653 $6,986 $7,335 $7,703 $8,087
NON-MANAGEMENT FULL-TIME POSITIONS Page 5 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 174
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
PAYROLL CLERK (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$3,932 $4,127 $4,333 $4,550 $4,778
PAYROLL SUPERVISOR (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$5,913 $6,208 $6,518 $6,845 $7,187
PAYROLL TECHNICIAN (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$4,527 $4,752 $4,992 $5,241 $5,503
PERMIT PROCESSING SPECIALIST (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,196 $4,405 $4,628 $4,857 $5,101
PERMIT TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,934 $5,182 $5,441 $5,711 $5,997
PLANNING TECHNICIAN (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,934 $5,182 $5,441 $5,711 $5,997
PLANS EXAMINER (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,261 $6,576 $6,904 $7,249 $7,610
POLICE ACADEMY TRAINEE (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,255 $5,519 $5,795 $6,083 $6,389
POLICE OFFICER (CPOA)
Step A Step B Step C Step D Step E
Base $7,117 $7,473 $7,847 $8,239 $8,650
Intermediate
POST (3%) $7,331 $7,697 $8,082 $8,486 $8,910
Advanced
POST (6%)
$7,544 $7,921 $8,318 $8,733 $9,169
POLICE RECORDS TECHNICIAN (CPPEA)
Step A Step B Step C Step D Step E
$3,712 $3,897 $4,092 $4,296 $4,511
NON-MANAGEMENT FULL-TIME POSITIONS Page 6 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 175
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
POLICE RECRUIT (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,255 $5,519 $5,795 $6,083 $6,389
POLICE SERVICE OFFICER (CPPEA)
Step A Step B Step C Step D Step E
$4,259 $4,472 $4,695 $4,930 $5,177
POLICE SERVICES ADMINISTRATIVE SECRETARY (CPPEA)
Step A Step B Step C Step D Step E
$4,596 $4,826 $5,068 $5,320 $5,586
POLICE SERVICES CLERK TYPIST I (CPPEA)
Step A Step B Step C Step D Step E
$3,163 $3,322 $3,487 $3,662 $3,843
POLICE SERVICES CLERK TYPIST II (CPPEA)
Step A Step B Step C Step D Step E
$3,480 $3,654 $3,836 $4,029 $4,230
PROPERTY AND EVIDENCE TECHNICIAN (CPPEA)
Step A Step B Step C Step D Step E
$4,184 $4,393 $4,613 $4,845 $5,087
PUBLIC SAFETY DISPATCHER I (CPPEA)
Step A Step B Step C Step D Step E
$4,387 $4,608 $4,837 $5,080 $5,335
PUBLIC SAFETY DISPATCHER II (CPPEA)
Step A Step B Step C Step D Step E
$4,994 $5,242 $5,505 $5,781 $6,070
PUBLIC WORKS INSPECTOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$5,962 $6,259 $6,572 $6,901 $7,245
PUBLIC WORKS LEAD INSPECTOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,259 $6,572 $6,901 $7,245 $7,607
RECYCLED WATER COORDINATOR (AFSCME)
Step A Step B Step C Step D Step E
$5,194 $5,454 $5,726 $6,013 $6,315
NON-MANAGEMENT FULL-TIME POSITIONS Page 7 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 176
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
SECRETARY (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$4,001 $4,202 $4,413 $4,633 $4,862
SECRETARY TO THE CITY COUNCIL (CONFIDENTIAL)
Step A Step B Step C Step D Step E
$5,285 $5,548 $5,825 $6,117 $6,425
SENIOR ACCOUNTANT (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,505 $6,830 $7,172 $7,531 $7,906
SENIOR BUILDING INSPECTOR (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$6,260 $6,572 $6,901 $7,246 $7,607
SENIOR POLICE RECORDS TECHNICIAN (CPPEA)
Step A Step B Step C Step D Step E
$3,992 $4,192 $4,402 $4,622 $4,853
STOREKEEPER (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,878 $4,072 $4,276 $4,489 $4,714
STOREKEEPER AIDE (TEAMSTERS - PTC)
Step A Step B Step C Step D Step E
$3,254 $3,417 $3,587 $3,765 $3,954
WATER DISTRIBUTION LEAD OPERATOR (AFSCME)
Step A Step B Step C Step D Step E
$5,187 $5,447 $5,718 $6,003 $6,304
WATER DISTRIBUTION OPERATOR (AFSCME)
Step A Step B Step C Step D Step E
$4,256 $4,469 $4,692 $4,928 $5,173
WATER QUALITY TECHNICIAN (AFSCME)
Step A Step B Step C Step D Step E
$5,194 $5,454 $5,726 $6,013 $6,314
WATER SYSTEMS OPERATOR (AFSCME)
Step A Step B Step C Step D Step E
$4,868 $5,113 $5,368 $5,638 $5,919
NON-MANAGEMENT FULL-TIME POSITIONS Page 8 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 177
Full-Time Monthly Rates
From Resolution Nos. 2021-047, 2021-
060, 2021-081 & 2021-082
Effective for the fiscal year 2022-2023
Classification and Salary Schedule - Non-Management Positions
WATER SYSTEMS LEAD OPERATOR (AFSCME)
Step A Step B Step C Step D Step E
$5,931 $6,227 $6,539 $6,866 $7,209
NON-MANAGEMENT FULL-TIME POSITIONS Page 9 of 9
8.10.e
FY 22-23 Budget Adoption
Packet Pg. 178
ACCOUNT CLERK I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $20.60 $21.10 $21.64 $22.18 $22.73 $23.30 $23.88 $24.47 $25.08
ACCOUNT CLERK II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $22.68 $23.25 $23.81 $24.40 $25.01 $25.64 $26.26 $26.91 $27.56
ACCOUNT CLERK III
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $24.32 $24.92 $25.54 $26.19 $26.84 $27.51 $28.20 $28.91 $29.63
ACCOUNTING TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $26.05 $26.71 $27.37 $28.07 $28.76 $29.49 $30.21 $30.97 $31.75
ADMINISTRATIVE SECRETARY
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $26.45 $27.11 $27.79 $28.49 $29.19 $29.93 $30.68 $31.44 $32.24
ASSISTANT PROJECT COORDINATOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $36.46 $37.38 $38.31 $39.27 $40.26 $41.25 $42.28 $43.35 $44.44
BACKGROUND INVESTIGATOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $33.53 $34.37 $35.23 $36.10 $37.01 $37.94 $38.89 $39.86 $40.82
BUILDING INSPECTOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $34.31 $35.16 $36.04 $36.96 $37.87 $38.82 $39.78 $40.79 $41.80
BUILDING MAINTENANCE WORKER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.65 $24.24 $24.85 $25.47 $26.10 $26.76 $27.44 $28.12 $28.82
CABLE TV ASSOCIATE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.30 $15.69 $16.08 $16.47 $16.88 $17.30 $17.73 $18.17 $18.63
CASE MANAGER I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $21.22 $21.73 $22.28 $22.83 $23.42 $23.99 $24.59 $25.21 $25.84
CASE MANAGER II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.67 $24.26 $24.87 $25.49 $26.12 $26.78 $27.46 $28.14 $28.83 Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
8.10.f
FY 22-23 Budget Adoption
Packet Pg. 179
Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
CLERICAL AIDE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $16.44 $16.86 $17.27 $17.71 $18.15 $18.61 $19.06 $19.54 $20.04
CLERK TYPIST I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $18.21 $18.67 $19.12 $19.61 $20.09 $20.61 $21.11 $21.65 $22.18
CLERK TYPIST II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $20.02 $20.53 $21.04 $21.56 $22.11 $22.66 $23.22 $23.81 $24.40
CODE COMPLIANCE INSPECTOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $30.95 $31.72 $32.51 $33.33 $34.16 $35.01 $35.88 $36.79 $37.71
COMMUNITY SERVICES BOXING TRAINER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $19.57 $20.06 $20.56 $21.08 $21.60 $22.14 $22.70 $23.27 $23.85
COMMUNITY SERVICES COORDINATOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $26.03 $26.67 $27.34 $28.02 $28.74 $29.45 $30.19 $30.95 $31.71
COMMUNITY SERVICES LEADER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.30 $15.69 $16.08 $16.47 $16.88 $17.30 $17.73 $18.17 $18.63
COMMUNITY SERVICES SPECIALIST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $19.57 $20.06 $20.56 $21.08 $21.60 $22.14 $22.70 $23.27 $23.85
COUNSELOR I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $21.21 $21.73 $22.28 $22.83 $23.42 $23.99 $24.59 $25.21 $25.84
COUNSELOR II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.67 $24.26 $24.87 $25.49 $26.12 $26.78 $27.46 $28.14 $28.83
COUNSELOR III
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $51.00 $52.28 $53.58 $54.92 $56.29 $57.70 $59.14 $60.62 $62.14
CRIME ANALYST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $35.77 $36.66 $37.59 $38.53 $39.49 $40.48 $41.49 $42.53 $43.60
8.10.f
FY 22-23 Budget Adoption
Packet Pg. 180
Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
CRIME PREVENTION & COMMUNITY OUTREACH SPECIALIST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $28.83 $29.56 $30.29 $31.05 $31.83 $32.62 $33.44 $34.27 $35.13
CUSTOMER SERVICE REPRESENTATIVE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.65 $24.24 $24.85 $25.47 $26.10 $26.76 $27.44 $28.12 $28.82
ENGINEERING TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $30.42 $31.18 $31.97 $32.75 $33.57 $34.42 $35.28 $36.16 $37.06
ENVIRONMENTAL TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $30.42 $31.18 $31.97 $32.75 $33.57 $34.42 $35.28 $36.16 $37.06
EQUIPMENT MECHANIC
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $27.99 $28.70 $29.40 $30.15 $30.89 $31.67 $32.46 $33.28 $34.11
EQUIPMENT MECHANIC AIDE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.30 $15.69 $16.08 $16.47 $16.88 $17.30 $17.73 $18.17 $18.63
EQUIPMENT MECHANIC TRAINEE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $25.54 $26.17 $26.83 $27.49 $28.19 $28.89 $29.61 $30.35 $31.11
FACILITIES WORKER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $21.29 $21.82 $22.37 $22.93 $23.50 $24.08 $24.68 $25.30 $25.94
GROUP FACILITATOR
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.67 $24.26 $24.88 $25.49 $26.12 $26.78 $27.46 $28.14 $28.83
HOUSEHOLD HAZARDOUS WASTE WORKER
Step 1
$23.66
HOUSEHOLD HAZARDOUS WASTE LEAD WORKER
Step 1
$26.02
HUMAN RESOURCES & RISK ANALYST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $41.94 $42.98 $44.05 $45.15 $46.27 $47.42 $48.60 $49.81 $51.05
8.10.f
FY 22-23 Budget Adoption
Packet Pg. 181
Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
HUMAN RESOURCES SPECIALIST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $27.95 $28.64 $29.34 $30.08 $30.81 $31.58 $32.35 $33.16 $33.96
HUMAN RESOURCES TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $26.60 $27.27 $27.95 $28.64 $29.33 $30.07 $30.80 $31.57 $32.34
INFORMATION TECHNOLOGY ANALYST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $40.27 $41.27 $42.29 $43.35 $44.42 $45.53 $46.66 $47.82 $49.01
INFORMATION TECHNOLOGY SPECIALIST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $28.40 $29.11 $29.84 $30.59 $31.35 $32.13 $32.93 $33.76 $34.59
MAINTENANCE WORKER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.65 $24.24 $24.85 $25.47 $26.10 $26.76 $27.44 $28.12 $28.82
MAINTENANCE WORKER TRAINEE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.30 $15.69 $16.08 $16.47 $16.88 $17.30 $17.73 $18.17 $18.63
MANAGEMENT AIDE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $28.29 $29.01 $29.73 $30.48 $31.24 $32.01 $32.81 $33.64 $34.49
MANAGEMENT ASSISTANT
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $36.46 $37.38 $38.32 $39.27 $40.26 $41.25 $42.28 $43.35 $44.44
MANAGEMENT INTERN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $21.71 $22.26 $22.81 $23.37 $23.97 $24.57 $25.18 $25.81 $26.45
PERMIT PROCESSING SPECIALIST
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $24.19 $24.75 $25.38 $26.01 $26.65 $27.33 $28.01 $28.71 $29.43
PLANNING TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $28.40 $29.11 $29.84 $30.59 $31.36 $32.13 $32.93 $33.76 $34.60
POLICE CADET
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.40 $15.78 $16.17 $16.59 $17.00 $17.42 $17.87 $18.30 $18.77
8.10.f
FY 22-23 Budget Adoption
Packet Pg. 182
Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
POLICE OFFICER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $40.97 $41.99 $43.04 $44.12 $45.22 $46.35 $47.51 $48.70 $49.92
POLICE RECORDS TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $21.36 $21.90 $22.44 $23.00 $23.57 $24.17 $24.77 $25.39 $26.02
POLICE SERVICE OFFICER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $24.52 $25.12 $25.76 $26.41 $27.06 $27.74 $28.42 $29.15 $29.86
POLICE SERVICES CLERK TYPIST I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $18.21 $18.67 $19.12 $19.61 $20.09 $20.61 $21.11 $21.65 $22.18
POLICE SERVICES CLERK TYPIST II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $20.02 $20.53 $21.04 $21.56 $22.11 $22.66 $23.22 $23.81 $24.40
PROPERTY AND EVIDENCE TECHNICIAN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $24.09 $24.70 $25.30 $25.94 $26.59 $27.25 $27.94 $28.63 $29.36
PUBLIC SAFETY DISPATCHER I
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $25.26 $25.89 $26.55 $27.20 $27.88 $28.58 $29.30 $30.02 $30.77
PUBLIC SAFETY DISPATCHER II
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $28.74 $29.45 $30.19 $30.95 $31.71 $32.51 $33.33 $34.16 $35.01
RESERVE POLICE OFFICER
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $18.71 $19.19 $19.66 $20.15 $20.67 $21.17 $21.71 $22.26 $22.80
RESERVE POLICE OFFICER SPECIAL DETAIL
Step 1 Step 2 Step 3 Step 4 Step 5
$39.15 $41.10 $43.16 $45.31 $47.58
SECRETARY
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $23.03 $23.61 $24.19 $24.80 $25.42 $26.05 $26.71 $27.38 $28.07
SPECIAL PROJECTS ADMINISTRATOR
Step 1 Step 9
$33.48 $133.87
8.10.f
FY 22-23 Budget Adoption
Packet Pg. 183
Classification and Salary Schedule - Part-Time Positions Effective June 27, 2022
Part-Time Hourly Rates
From Resolution Nos. 2021-077, 2022-017
STOREKEEPER AIDE
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $18.71 $19.18 $19.66 $20.15 $20.67 $21.18 $21.71 $22.26 $22.81
STUDENT INTERN
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $15.30 $15.69 $16.08 $16.47 $16.88 $17.30 $17.73 $18.17 $18.63
8.10.f
FY 22-23 Budget Adoption
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Revenue: Expenditure: VARIOUS
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: DEBBIE PACHECO, ACTING HUMAN RESOURCES DIRECTOR
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CIT Y'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
Approve the reclassification of the position of Management Assistant to Council Liaison; part- time Management Aide to full-time Human Resources Technician; Management Analyst to Senior Management Analyst; Projects Manager to Parks & Capital Projects Manager; and vacant Assistant Public Works Services Manager to Public Works Supervisor.
FISCAL IMPACT
The reclassification of the Management Assistant to Council Liaison will result in a net increase of $13,624 per fiscal year. The Administration budget for salary and benefits will be increased to reflect this change.
The reclassification of part -time Management Aide will result in the elimination of the Management Aide position and will add a full -time Human Resources Technician position. This action will result in a net increase of $16,722 per fiscal year. The Human Resources budget for salary and benefits will be increased to reflect this change.
The reclassification of the Management Analyst to Sen ior Management Analyst will result in a net increase of $6,330 per fiscal year. The Police budget for salary and benefits will be increased to reflect this change.
The reclassification of the Projects Manager to Parks & Capital Projects Manager will resu lt in a net increase of $30,546 per fiscal year. The Community Services budget for salary and benefits will be increased to reflect this change.
The reclassification of the vacant Assistant Public Works Services Manager position to Public Works Supervisor position will result in a net savings of $21,410 per fiscal year.
The net overall increase to the budget with the above changes will be $ 45,812 for the 2022 -
8.11 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 2
2023 fiscal year. Funds are contingent on the adoption of the Fiscal Year 2022 -23 Operating Budget scheduled for June 21, 2022.
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
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
8.11 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 3
BACKGROUND
The job classification of the Management Assistant assigned to Administration does not encompass the distinct dutie s assigned to this position. This position acts as the City Council liaison and has taken on additional duties including being available at all times for any urgent Council related matters. In addition, the incumbent also acts as the top -level assistant to the City Manager. Supervisorial responsibilities will also be added to the newly created position. In order to fully reflect the duties and responsibilities required of this position, a change in title is being proposed to Council Liaison.
The elimination of the part-time Management Aide and creation of a full-time Human Resources Technician is being proposed. There has been a significant increase in recruitment activity, required employee training and claims filed against the City which is anticipated to continue in the upcoming fiscal year. With the adoption of the budget tonight, twenty -three (23) new positions were approved. An additional twenty (20) full-time positions have been added during the current fiscal year. Additionally, California emp loyment and compliance laws continue to evolve and require additional oversight, training, tracking and reporting. As the City has continued to grow and recover from the pandemic, Human Resources staff continues to be impacted with heavy workloads, while facing new challenges to come up with innovative ways to recruit and retain talent.
The reclassification of the Management Analyst to Senior Management Analyst assigned to the police department is being proposed. The incumbent possesses the knowledge an d ability to assist the finance department during a vacancy. In addition, the incumbent is capable of performing at the Senior Management Analyst level that is required of this job classification.
The incumbent performs a variety of difficult administrat ive and analytical work for the department director and other police department staff including the police department budget, projects for future cost/expenditure and revenue, accounts payable, receivable and grant management. The incumbent oversees specia l projects such as the recent research, development, and transition to a new time and attendance software program, which includes data management duties, and determining systems maintenance requirements. Furthermore, the incumbent directs subordinate staf f in the execution of assigned duties through the preparation, administration, and maintenance of police department payroll, provides guidance of budget allowances and grant expenditures. The incumbent assists with police department related finance audits, performs department procurement activities, prepares and reviews Council Agenda reports, and responsible for managing forfeiture of both state and federally seized assets.
The reclassification of the Projects Manager to Parks & Capital Projects Manager is being proposed. The position of Projects Manager was created to facilitate projects within the Parks & Facilities Division of the Community Services Department. This position was downgraded from Capital Projects Manager, a division manager position that was previously responsible for all functions of the Parks & Facilities Division, including supervision of staff, parks and facilities development and construction, building maintenance, custodial services, and internal services projects.
In November, 2019, a second Assistant Public Works Manager position was added in order to distribute duties in a more efficient manner. The position was vacated in April, 2021 and due to changes within the Public Works department, it is proposed that this position be down graded to Public Works Supervisor.
8.11 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 4
ISSUES/ANALYSIS
The proposed position title change to Council Liaison will provide a more accurate job description and includes a 10% increase in base salary as well as a reclassification from the Confidential group to the Unrepresented Management group.
The proposed position of Human Resources Technician will assist with routine recruitments.
This position will also assist with duties related to risk, such as subrogation, general liability claims and employee training. The position will allow for a higher level of work to be assigned by management staff, which would allow management staff the ability to reprioritize as urgent needs and sensitive requests arise, in order to continue to provide timely and quality custome r service.
The proposed reclassification of the Management Analyst to Senior Management Analyst assigned to the police department will allow the incumbent to assist the finance department during a vacancy as well as continue to be assigned higher level of work.
The incumbent Projects Manager has taken on most of the responsibilities and job duties previously assigned to the Capital Projects Manager position noted above, with the remaining responsibilities undertaken by the Community Services Department Dire ctor. This position requires professional and supervisorial skills and coordination beyond what is encompassed in the existing Projects Manager position. Due to the broad scope of the actual responsibilities and duties of the position, it is essential to reinstate the division manager position, thereby bringing all responsibilities under one position that is accountable for the overall operations of the Parks & Facilities Division, ensures compliance with applicable laws, and implements the long-range plans related to the City of Chino parks, facilities, and aging infrastructure, with the exception of the public right -of-way. To appropriately distinguish this position, a title change is also being recommended from Capital Projects Manager to Parks and Cap ital Projects Manager.
The proposed downgrade of the Assistant Public Works Manager to Public Works Supervisor will allow the department to streamline the operation working out of the Public Works Yard.
Funds are contingent on the adoption of the Fiscal Y ear 2022-23 Operating Budget scheduled for June 21, 2022.
Attachment: Resolution No. 2022-045
8.11 NEW BUSINESS
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RESOLUTION NO. 2022-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NO. 2022-044 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the auth ority to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to eliminate budgeted p ositions of Management Assistan t, Management Analyst, Projects Manager and Assistant Public Works Manager has been identified; and
WHEREAS, the need to add the position s of Council Liaison , Human Resources Technician, Senior Management Analyst, Parks and Capital P rojects Ma nager and Public Works Supervisor has been identified; and
WHEREAS, the need to establish the salary range for the po sitions of Council Liaison, Parks and Capital Projects Manager and Public Works Supervisor has been identified.
NOW, THEREFORE, BE IT RESOLVED that the following position and salary schedule changes are established:
Remove:
• One (1) Full-time Management Assistant (Confidential) • One (1) Full-time Management Analyst (Unrepresented Management) • One (1) Full-time Projects Manager (Unrepresented Management) • One (1) Full-time Assistant Public Works Manager (Unrepresented Management)
Add:
• One (1) Full-time, Council Liaison (Unrepresented Management) • One (1) Full-time Human Resources Technician (Confidential) • One (1) Full-time Senior Management Analyst (Unrepresented Management) • One (1) Full-time Parks and Capital Projects Manager (Unrepresented Management)
• One (1) Full-time Public Works Supervisor (Unrepresented Management)
Non-Sworn Management Classification (monthly salary amounts) Base 22.5% Maximum
Council Liaison (new) $ 6,520 $ 7,987 $ 8,476
Parks & Capital Projects Manager (new) $ 9,529 $11,673 $12,389 Public Works Supervisor (new) $ 5,946 $ 7,283 $ 7,730
8.11.a
Position Changes
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RESOLUTION NO. 2022-045
PAGE 2
APPROVED AND ADOPTED THIS 21st day of June, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
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 at a regular meeting held on the 21st day of June, 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
8.11.a
Position Changes
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS.
RECOMMENDATION
Authorize the Interim City Manager to enter into these annual contract amendments or renewals, issue blanket purchase orders, and execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the proposed Fiscal Year 2022-23 Operating Budget for these purchases.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s the City’s values and strategic issu es that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 2
BACKGROUND
This evening, the City Council will review and consider approval of the Fiscal Year 202 2-23 Annual Operating Budget for the City. Included in the budget is the appropriation of funds for the items contained in this report.
ISSUES/ANALYSIS
The City's current Purchasing Ordinance requires that the City Council approve any contract amendments/renewals or blanket purch ase orders exceeding $50,000. These items represent routine, annual contracts, or purchase orders for the provision of services necessary for City operations. All purchases through these listed contracts or blanket purchase orders shall adhere to the City's Purchasing Ordinance, Chapter 3.32.060 of the Chino Municipal Code.
The following is a consolidated list of vendors:
ANNUAL CONTRACTS AMENDMENT/RENEWAL
NO. VENDOR NAME DESCRIPTION AMOUNT
1 10-8 Retrofit
Provides Police vehicle-specific
equipment installation and maintenance
services. Contract administered by
Public Works ($355,000) and Police
Department ($10,000).
$365,000.00
2 ACCELA, INC.
Provides for land development, code
enforcement and asset management
software. Contract administered by
Human Resources.
$360,000.00
3 AIR CLEAN
ENVIRONMENTAL
Provides Police Department gun range
cleaning services. Contract
administered by Community Services.
$102,365.00
4 ALBERT WEBB Provides inspection services. Contract
administered by Public Works. $100,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 3
5 ALESHIRE & WYNDER
Provides legal counsel for the City.
Contract administered by various
departments: Administration ($60,000);
Finance ($50,000); Police Department
($50,000); Human Resources
($375,000); Development Services
(237,000); Public Works ($140,200);
and Community Services (20,000).
$872,200.00
6 ALL AMERICAN ASPHALT Provides slurry seal maintenance work.
Contract administered by Public Works. $1,500,000.00
7 ALLISON MECHANICAL
Provides HVAC maintenance, supplies,
and equipment. Contract administered
by Community Services ($90,000) and
Police Department ($10,000).
$100,000.00
8 ALPHA PETROLEUM
TRANSPORT
Provides non-hazardous waste brine
transportation and disposal services.
Contract administered by Public Works.
$200,000.00
9 AMERICAN GUARD
Provides security patrols at City Hall
and Civic Center area. Contract
administered by Administration.
$195,000.00
10 ATKINSON, ANDELSON,
LOYA, RUUD & ROMO
Provides legal services on employment
related matters. Contract administered
by Human Resources.
$200,000.00
11 AXON
Provides body camera equipment
replacement and repairs for the Police
Department. Contract administered by
the Police Department.
$300,000.00
12 BEST BEST & KREIGER,
LLP
Provides legal services on ADA related
matters. Contract administered by
Human Resources.
$50,000.00
13 BKF ENGINEERS
Provides Right-of-Way Agent Services
and Land Surveyors. Contract
administered by Development Services.
$207,838.43
14 CALGON CARBON Provides reactivation services. Contract administered by Public Works. $400,000.00
15 CANNON CORPORATION
Provides general plan check services.
Contract administered by Development
Services.
$205,000.00
16 CHINO VALLEY UNIFIED
SCHOOL DISTRICT
Provides school crossing guard
services at all CVUSD schools.
Contract administered by
Administration.
$238,712.40
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 4
17 CLIFTON LARSON ALLEN Provides audit services. Contract administered by Finance. $66,975.00
18 CLS LANDSCAPE
MANAGEMENT, INC.
Provides for landscape maintenance
services for medians and reservoir
sites. Contract administered by Public
Works.
$100,000.00
19 COMMERCIAL CLEANING
SYSTEMS
Provides janitorial services for City
facilities. Contract administered by
Community Services.
$429,750.00
20 CT&T CONCRETE
Provides on-call concrete repair
services. Contract administered by
Public Works.
$470,000.00
21 DAVID TURCH &
ASSOCIATES
Provides federal advocacy services.
Contract administered by various
departments: Administration ($10,000);
Public Works ($50,000)
$60,000.00
22 ENGINEERING
RESOURCES SOUTHERN
CALIFORNIA (ERSC)
Provides general plan check services.
Contract administered by Development
Services.
$420,000.00
23 EPIC LAND SOLUTIONS,
INC.
Provides Right-of-Way Agent Services
for Capital Improvement Program
projects. Contract administered by
Public Works.
$70,000.00
24 E-PLAN SOFT
Provides electronic plan checking
services. Contract administered by
Human Resources.
$60,000.00
25 EUROFINS EATON
ANALYTICAL
Provides Drinking water analysis &
consulting services. Contract
administered by Public Works.
$80,000.00
26 FERGUSON, PRAET &
SHERMAN
Provides legal services for Human
Resources and risk management
services. Contract administered by
Human Resources.
$50,000.00
27 GENERAL PUMP
COMPANY
Provides Well/Pump on call
maintenance/repair services. Contract
administered by Public Works.
$111,300.00
28 GRANICUS
Provides agenda/staff report
automation and meeting management
services. Contract administered by
Administration.
$78,047.79
29 HANSON BRIDGETT
Provides legal services for Human
Resources and risk management
services. Contract administered by
Human Resources.
$55,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 5
30 HAZELRIGG A TRISTAR
COMPANY
Provides workers compensation and
general liability third party
administration. Contract administered
by Human Resources.
$95,000.00
31 HERITAGE DESIGN BUILD
& CONSULTING
Citywide lighting system maintenance.
Contract administered Public Works
($600,000).
$600,000.00
32 HINDERLITER, DE LLAMAS
& ASSOCIATES
Provides sales tax audit and information
services. Contract administered by
Finance.
$60,000.00
33 HUMANE SOCIETY OF
POMONA VALLEY
Provides animal control services.
Contract administered by Police
Department.
$600,000.00
34 IDC CONSULTING
ENGINEERS
Provides on-call engineering staff
augmentation. Contract administered by
Public Works.
$300,000.00
35 IMS
Provides pavement management
services. Contract administered by
Development Services.
$95,974.00
36 INFOSEND
Provides utility billing and online
payment servicers. Contract
administered by Finance ($145,000),
Development Services ($4,000) and
Public Works ($17,500).
$166,500.00
37 JIMMY GUTIERREZ
Provides water legal representation and
associate services. Contract
administered by Public Works.
$100,000.00
38 KIRTLEY CONSTRUCTION
INC.
Provides for water distribution repair on-
call services. Contract administered by
Public Works.
$60,000.00
39 LAE ASSOCIATES
Provides for Capital Improvement
Project Management Services. Contract
administered by Public Works.
$360,000.00
40 MAJOR LEAGUE INFIELDS,
INC.
Provides ball field maintenance
services for comprehensive field
preparation such as mowing, fertilizing,
irrigation, and cultivating. Contract
administered by Public Works.
$100,000.00
41 MERCHANTS LANDSCAPE
SERVICES, INC.
Provides landscape maintenance
services within the City's medians and
parkways. Contract administered by
Public Works.
$110,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 6
42 MORTON SALT, INC.
Provides Bulk solar salt, coarse undried
for water operations. Contract
administered by Public Works.
$500,000.00
43 MYERS & SON HIWAY
SAFETY
Provides traffic control equipment,
signs, barricades, and delineators, and
sublet traffic control work. Blanket
purchase order administered by Police
Department ($5,000); Development
Services ($500); Public Works
($985,000); and Community Services
($5,000).
$995,500.00
44 NANCY K. BOHL, INC.
Provides employee assistance with
counseling services. Contract
administered by Human Resources
($76,400) and the Police Department
($17,000).
$93,400.00
45 OAKRIDGE LANDSCAPE
Provides for Magnolia Channel cleaning
and maintenance. Contract
administered by Public Works.
$80,000.00
46 OWEN GROUP LIMITED
PARTNERSHIP
Provides on-call ADA Accessibility
design, drafting and plan check
services. Contract administered by
Public Works.
$100,000.00
47 PIPE TECH, INC.
Provides for sewer main televising and
line cleaning services. Contract
administered by Public Works.
$100,000.00
48 PMK
Provides traffic plan check services.
Contract administered by Development
Services.
$60,000.00
49 RHA LANDSCAPE
ARCHITECTS AND
PLANNERS, INC.
Provides on-call landscape architecture
and design services. Contract
administered by Community Services.
$600,000.00
50 SAN BERNARDINO
COUNTY
Provides document recordings,
800MHz system access, maintenance,
traffic signal maintenance costs as a
joint effort, CLETS System for
information services, and SB County
Fire Hazard. Contract administered by
Public Works ($477,500); Police
Department ($133,136); and
Development Services ($500)
$611,136.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 7
51 SILVER & WRIGHT
Provides legal consulting services for
City Code Enforcement. Contract
administered by Development Services
($489,000); Human Resources
(150,000); and Police Department.
($250,000).
$889,000.00
52 SOCIAL WORK ACTION
GROUP (SWAG)
Provides intensive case management
homeless intervention services.
Contract administered by Community
Services.
$193,704.00
53 TKE ENGINEERING
Provides on-call CIP engineering
services. Contract administered by
Public Works.
$100,000.00
54 TOSHIBA
Provides maintenance, toner, and
miscellaneous supplies for the City's
copier network. Contract administered
by Human Resources.
$147,500.00
55 TRANSTECH ENGINEERS,
INC.
Provides on-call capital improvement
project management services. Contract
administered by Public Works.
$650,000.00
56 UNIVAR USA, INC. Provides bulk hydrochloric acid.
Contract administered by Public Works. $110,000.00
57 VERITAS HEALTH
SERVICES
Provides hospital services for Police
Department pre-bookings. Contract
administered by Police Department.
$50,000.00
58 W.A. RASIC
CONSTRUCTION
COMPANY, INC.
Provides on-call water pipeline repair
services. Contract administered by
Public Works.
$200,000.00
59 WALLACE & ASSOCIATES,
INC.
Provides on-call capital improvement
project management services. Contract
administered by Public Works.
$156,000.00
60 WASTE MANAGEMENT
Provides refuse and recycling collection
and disposal services. Contract
administered by Public Works
($1,521,600) and Finance ($4,900,000).
$6,421,600.00
61 WAYNE MCAFEE DBA I
CREATE PROFESSIONALS
CONSULTING LLC
Provides human resource consulting
services that includes various analysis
and pre-employment assessments.
Contract administered by Human
Resources.
$300,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 8
62 WEBB MUNICIPAL
FINANCE
Special Assessment District Consulting
Services. Contract administered by
Finance ($190,075) and Public Works
($12,500).
$202,575.00
63 WEST COAST ARBORISTS,
INC.
Provides citywide tree
trimming/maintenance operations.
Contract administered by Public Works.
$956,000.00
64 Z&K CONSULTANTS, INC.
Provides on-call engineering staff
augmentation. Contract administered by
Public Works.
$350,000.00
ANNUAL BLANKET PURCHASE ORDERS
NO. VENDOR NAME DESCRIPTION AMOUNT
65 ALL CAMPUS SECURITY
Provides security camera purchase
and installation. Blanket purchase
order administered by Human
Resources.
$250,000.00
66 AON RISK INSURANCE
SERVICES WEST, INC.
Provides insurance broker services
and cost of insurance coverage
premiums for the City. Blanket
purchase order administered by
Human Resources.
$1,542,100.00
67 CARDLOCK FUEL
SYSTEMS/DEWITT
PETROLEUM (SC FUELS)
Provides fuel for City fleet vehicles.
Blanket purchase order administered
by Public Works.
$1,075,000.00
68 CDW GOVERNMENT, INC.
Provides computer hardware and
accessories, software maintenance
and upgrades for the City's information
technology system. Blanket purchase
order administered by Human
Resources.
$400,000.00
69 CHINO BASIN DESALTER
AUTHORITY
Provides CDA water purchase. Blanket
purchase order administered by Public
Works.
$5,465,000.00
70 CHINO BASIN
WATERMASTER
Provides assessment appropriative
pool. Blanket purchase order
administered by Public Works.
$800,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 9
71 CHINO HILLS FORD
Provides parts and supplies for City's
fleet inventory and sublet repair
services for City's Ford vehicles.
Blanket purchase order administered
by Finance ($500) and Public Works
($60,000).
$60,500.00
72 CONVERGEONE, INC.
Provides computer software
maintenance and upgrades to the
City's wireless information technology
system, Cisco SmartNet. Blanket
purchase order administered by
Human Resources.
$400,000.00
73 CRAFCO/ABSOLUTE
ASPHALT
Provides asphalt materials, operating
equipment, maintenance parts and
repairs to crack sealant equipment.
Blanket purchase order administered
by Public Works.
$97,500.00
74 CT WEST
Provides traffic signal parts & central
system software. Contract
administered by Public Works.
$60,000.00
75 DDL TRAFFIC, INC.
Provides traffic signal pedestals.
Blanket purchase order administered
by Public Works.
$63,000.00
76 DELL MARKETING
Provides for purchase of the computer
and accessories for the City's
information technology system (via
NASPO). Blanket purchase orders
administered by Human Resources
($600,000) and Police Department
($5,000).
$605,000.00
77 DOOLEY ENTERPRISES,
INC.
Provides ammunition for the Police
Department. Blanket purchase order
administered by Police Department.
$50,000.00
78 ECONOLITE
Provides traffic signal cabinets, parts,
and labor (proprietary cabinets).
Blanket purchase order administered
by Public Works.
$400,000.00
79 ECS IMAGING, INC.
Provides the City's document storage
system and system maintenance of
Laserfiche system. Blanket purchase
order administered by Human
Resources.
$150,000.00
8.12 NEW BUSINESS
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND PURCHASE ORDERS PAGE 10
80 E-PLAN SOFT
Provides electronic plan-checking
services. Blanket purchase order
administered by Human Resources.
$100,000.00
81 GALLS
Provides uniforms for officers and
other uniformed non-sworn positions.
Blanket purchase order administered
by Development Services ($6,385) and
Police Department ($100,000).
$106,385.00
82 GENUINE PARTS
COMPANY
Provides parts and supplies for City's
fleet inventory and for City's fleet
vehicle repairs. Blanket purchase order
administered by Finance ($11,000)
and Public Works ($55,000).
$66,000.00
83 GOLDEN STATE
NEWSPAPER
Provides printing of Quarterly
Connection Brochure, legal
publications (e.g., Public Notices,
Ordinance Summaries, Bids and
Public Hearings). Blanket purchase
order administered by Administration
($30,000); Finance ($20,000); Police
Department ($2,000); Development
Services ($35,750); Public Works
($42,500); and Community Services
($20,000).
$150,250.00
84 GPS ANYPLACE
Provides GPS system in City fleet.
Blanket purchase order administered
by Public Works.
$65,000.00
85 GRAYBAR ELECTRIC CO.,
INC.
Provides traffic signal/communication
equipment fiber optic cable and pipe.
Blanket purchase order administered
by Public Works.
$60,000.00
86 HOLIDAY ROCK
Provides asphalt, concrete materials
for City street and water projects.
Blanket purchase order administered
by Public Works.
$110,000.00
87 INLAND EMPIRE UTILITIES
AGENCY
Provides sewage treatment services
and recycled water purchase. Blanket
purchase order administered by Public
Works.
$12,529,500.00
88 INSIGHT ENTERPRISES
Provides Apple products, computers,
software, and accessories. Blanket
purchase order administered by
Human Resources.
$300,000.00
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89 ITERIS
Provides traffic signal video detection
parts and equipment. Blanket
purchase order administered by Public
Works.
$77,000.00
90 JAM SERVICES, INC.
Provides traffic signal LED modules.
Blanket purchase order administered
by Public Works.
$70,000.00
91 JTB SUPPLY CO., INC.
Provides traffic signal cabinet parts
and equipment. Blanket purchase
order administered by Public Works.
$70,000.00
92 LEVEL 3 FINANCING, INC.
DBA CENTURY LINK
Provides telephone and internet
services for City facilities. Blanket
purchase order administered by
Human Resources.
$80,000.00
93 M.K. SMITH CHEVROLET
Provides parts and repair services for
City's fleet vehicles and sublet
maintenance repairs. Blanket purchase
order administered by Finance
($1,000); Police Department ($500);
and Public Works ($65,000).
$66,500.00
94 MCCAIN TRAFFIC
SUPPLY, INC.
Provides traffic signal parts & central
system software. Blanket purchase
order administered by Public Works.
$60,000.00
95 MISSION LINEN &
UNIFORM
Provides uniforms, coveralls, and towel
service for City staff. Blanket purchase
order administered by Finance
($15,000); Police Department
($15,000); Public Works ($47,750).
$77,750.00
96 MOTOROLA SOLUTIONS
Provides 800 MHz handheld and
vehicle radios. Blanket purchase order
administered by Public Works.
$450,000.00
97 NEXTECH SYSTEMS, INC.
Provides proprietary parts and supplies
for lighted crosswalks and safety lights.
Blanket purchase order administered
by Public Works.
$220,000.00
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98 OFFICE DEPOT
Provides office supplies used by all
Departments. Blanket purchase order
administered by Finance using the
National Intergovernmental Purchasing
Alliance (NIPA) agreement.
Administration ($5,000); Finance
($9,500); Police Department ($20,000);
Human Resources ($80,000);
Development Services ($10,000);
Public Works ($18,000); and
Community Services (27,000).
$169,500.00
99 PACIFIC ALLIANCE DBA
WEST COAST
TECHNOLOGY
Provides computer storage, software
and software maintenance and support
for the City computer network. Blanket
purchase order administered by
Human Resources using various
government cooperative agreements.
$300,000.00
100 PARKHOUSE TIRES
Provides tire inventory and tire
services for City fleet. Blanket
purchase order administered by
Finance ($40,000) and Public Works
($45,000).
$85,000.00
101 PARTS AUTHORITY
Provides parts and supplies for City's
fleet inventory and for City's fleet
vehicle repairs. Blanket purchase order
administered by Finance ($25,000)
and Public Works ($40,000).
$65,000.00
102 PROFORCE MARKETING
INC.
Provides miscellaneous police
equipment (e.g., gas masks, shields,
etc.). Blanket purchase order
administered by Police Department.
$50,000.00
103 SAN DIEGO POLICE
EQUIPMENT
Provides ammunition for the Police
Department. Blanket purchase order
administered by Police Department.
$50,000.00
104 SHI INTERNATIONAL
CORP.
Provides computer hardware and
accessories, software maintenance
and upgrades for the City's information
technology system. Blanket purchase
order administered by Human
Resources.
$300,000.00
105 SIDEPATH
Computer software, hardware, data
storage and support Citywide. Blanket
purchase order administered by
Human Resources.
$1,500,000.00
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106 SMITH PIPE
Provides pipe supplies and associated
pipe supplies. Blanket purchase order
administered by Public Works.
$50,500.00
107 SOFTWAREONE
Provides software maintenance and
upgrades for the City's information
technology system. Blanket purchase
order administered by Human
Resources.
$300,000.00
108 STEVEN ENTERPRISES
Provides for maintenance and supplies
for the reprographic equipment.
Blanket purchase order administered
by Human Resources.
$50,000.00
109 SUPERION, LLC
Provides CAD-RMS annual
maintenance, training, and system
upgrades. Blanket purchase order
administered by Police Department.
$145,000.00
110 THIRKETTLE CORP.
Provides the purchase of radio-read
and recycled water meters. Thirkettle
Corporation is an authorized supplier
of Invensys meters, a sole source
supplier, to maintain compatibility with
automated equipment already
purchased. Blanket purchase order
administered by Finance.
$300,000.00
111 TYLER TECHNOLOGIES
Provides custom programming,
software licenses training, and
maintenance for the Munis Financial
System. Blanket purchase order
administered by Finance ($10,000)
and Human Resources ($290,000).
$300,000.00
112 VERIZON WIRELESS
Provides network services associated
with the City's cellular telephones and
wireless access for Police vehicle
laptops and other wireless technology.
Blanket purchase order administered
by Human Resources ($250,000);
Public Works ($5,000); and
Community Services ($10,000).
$265,000.00
113 WATER FACILITIES
AUTHORITY
Provides imported water. Blanket
purchase order administered by Public
Works.
$5,763,600.00
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114 WAXIE ENTERPRISES
Provides inventory and supplies of
custodial and other cleaning products
for City facilities and parks. Purchases
made through National IPA Contract#
151148/Contract# R162101. Blanket
purchase order administered by
Finance ($40,000); Police Department
($2,000) and Community Services
($90,000).
$132,000.00
115 WESTERN AUDIO VISUAL
Provides equipment and repair
services for audio and visual
equipment. Blanket purchase order
administered by Administration
($60,000); Police Department
($10,000); Human Resources
($275,000); Public Works (25,000) and
Community Services ($12,500).
$382,500.00
116 WESTERN PACIFIC
SIGNAL, LLC
Provides proprietary traffic signals
parts, service pedestal, and batteries.
Blanket purchase order administered
by Public Works.
$158,600.00
117 WESTERN SYSTEMS
Provides traffic signal battery backup
services. Blanket purchase order
administered by Public Works.
$60,000.00
118 WESTERN WATER
WORKS
Provides water distribution parts
inventory and repairs. Blanket
purchase order administered by
Finance ($25,000) and Public Works
($60,000).
$85,000.00
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Revenue: Expenditure: 1006100-43650-N6001
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR THE
COMPREHENSIVE GENERAL PLAN UPDATE AND ENVIRONMENTAL
IMPACT REPORT.
RECOMMENDATION
1) Award a Professional Services Agreement to Dyett & Bhatia, Oakland CA in the amount of $1,609,597 for the Comprehensive General Plan Update and Environmental Impact Report, and other related services; 2) authorize up to $80,480 (5%) in project contingencies for a total potential agreement amount of $1,690,077; 3) authorize up to two, one -year contract extensions; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds included in the Fiscal Year 2022 -23 Operating Budget. Funds are contingent on the Budget Adoption scheduled June 21, 2022.
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:
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships
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SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR THE
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BACKGROUND
The City’s existing General Plan is typical with most General Plans, which focu ses on the preservation of open space and natural resources, reduction of traffic impacts, promotion of viable commercial, retail, manufacturing and industrial business activities, provision of a wide variety of attractive and well-maintained housing choices and creation of a positive community environment that offers recreational, entertainment and other quality of life opportunities.
Since the adoption of the last comprehensive General Plan update in 2010, many of the General Plan’s goals and objectives a re in need of attention based on adopted State and/or federal legislation and changed and/or changing local and regional activities. As a result, Development Services staff prepared a Request for Proposals (RFP) for a comprehensive General Plan Update and related Environmental Impact Report (EIR). The update of the General Plan will consist of, but is not limited to, amendments to the Land Use, Transportation, Air Quality, Safety and Noise Elements in addition to a new stand -alone Environmental Justice Elem ent. A comprehensive review of the other existing Elements will also be necessary. The Housing Element, which is concurrently being updated for the 6 th housing cycle (2021 -2029) shall be incorporated into the General Plan as part of the update. The scope of work will also include preparation of an associated EIR and necessary changes to the City’s Zoning Code and Map consistent with the Housing Element update and any other Land Use Element changes.
The proposed scope of work also includes the immediate development of Overlay Zone standards, (contingent on the certification of election results affirming the Measure Y’s approval), as well as the development of a web-based version of the General Plan to provide for a user-friendly public interface.
ISSUES/ANALYSIS
On February 9, 2022, the City formally released an RFP for the comprehensive General Plan Update and related EIR, which was published on Planet Bids. The City received two (2) proposals by the March 24, 2022, 4:00 P.M. RFP deadline, which were ranked as follows:
Ranking Consultant Cost Proposal Amount
1 Dyett & Bhatia $1,609,597
2 Placeworks $2,078,834
Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32, the competing consultin g firms were evaluated based on key staff knowledge, experience, availability, technical ability, firm’s references, cost, and understanding of the scope of work and work plan. The proposals were evaluated and, the proposers were invited back for an interv iew conducted by a panel that included several City staff and two City Council Members as observers. After the interview process, it was determined that Dyett & Bhatia have a very robust community engagement and public outreach activity proposed and a good sense of the current issues facing the City. The firm also clearly demonstrated their knowledge and ability to address all of the tasks identified in the RFP.
Based on the evaluation of the proposals and the interview scores, the evaluation committee selected Dyett & Bhatia, Oakland, CA as the most responsive and responsible proposer.
The proposal submitted by Dyett & Bhatia is based on completing a comprehensive General
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Plan Update and related EIR document, updating the Zoning Code and Map, and providin g necessary surveys and studies to provide data of new and existing information regarding land use inventory, transportation, noise, safety, and air quality, and incorporate an Environmental Justice Element.
City staff continues to incorporate good busines s practices, such a, Financial Stability and Responsible Long -Range Planning, when entering into new contracts, or modifying existing contracted services. City staff reviewed all related documents to ensure that the City’s Purchasing Ordinance was followed through the entire process.
Therefore, it is staff’s recommendation to the City Council to award a Professional Services Agreement to Dyett & Bhatia in the amount of $1,609,597 and authorize up to $80,480 (5%) for project contingencies for a total contra ct not to exceed $1,690,077 for the comprehensive General Plan Update and other related services as outlined in the RFP. The initial term of the agreement is July 1, 2022 through June 30, 2024, with the option to extend to two (2) additional one-fiscal year periods.
Attachment: Professional Services Agreement
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AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
DYETT & BHATIA
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 Dyett & Bhatia (“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 Invi tation 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 descri bed 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 pr omises and covenants made by the Parties an d contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and 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 cove nants 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 me an those
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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 info rmed 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 jur isdiction 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 l aws, 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 t o the requirements of Division 2, Part 7, C hapter 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 A greement 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 the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreem ent, C ontractor 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
en alty for Failure to Pay Prevailing Wag es. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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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 subcontractor 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 public works proje cts. Contractor shall be responsible f or 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 applicab le 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 Cont ractor 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 em ployees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
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(i) Contractor’s Re sponsibility 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 (commenc ing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provis ions and ensure subcontractor's compli ance, 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. C ontractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such lice nses, permits and approvals as may be requir ed 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 impos ed by law and arise from or are necess ary 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, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, ( 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the 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, compute r system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement 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, until accept ance 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 Agreement. Both parties agree to act in good faith to exe cute 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 specified in t he Scope of Services or make changes by alt ering, 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 extr a 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 Counc il 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 a nticipates 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agree ment, 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 reimbursement for actual expenses, shall not exceed One Million Six Hundred Ninety Seve nty-Seven Dollars ($1,690,077.00) (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 l ump sum payment upon comple tion; (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 Com pensation, 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 approve d 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 t he 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, Consultant is c ertifying compliance with al l 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.
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(c) Line items for all othe r appr oved reimbursable expe nses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per S ection 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 the 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 State budge t 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.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform 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 For ce 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 a nd 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 conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term .
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2024, 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 th e City is satisfied with the quality of services p erformed by Consultant under this A greement.
ARTICLE 4. COORDINATION OF WO RK
4.1 R epresentatives 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 th e work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be 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 effo rt 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 mann er represent that Consultant or any of Consultant’ s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to re tirement, he alth care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Warren Morelion, City Planner, 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 agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that rol e. Cons ultant shall not at any time or in any manner represent that it or any of its agents or employees are
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agents or employees of City . City shall not in 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 me mber 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 inducement f or the City to enter into this A greement. 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, assigned, conveyed, hypothecated or 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 th e 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 unapproved t ransfer, 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 o f the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “ insured contract” language will not be accepted.
(b) A
utomobile liability insurance. 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 activities o f the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Pr o
fess ional liability (errors & o missions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate . Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(d) Worke rs’ compensation 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 s ubcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) A
dditional Insurance. Pol icies of such other insurance, as may be required 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 required herein, along with a waiver of s ubrogation 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 fil e 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 A greement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) 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 replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A
cceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers i n the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insu rance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E
nforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any req uirement imp oses 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 o ther requirements, or a wai ver 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 a ll 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. A ny available insurance proceeds in excess of the 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 t hat City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of undisclosed coverage limitations . No ne 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 t he sam e minimum insurance c overage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
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of th is sec tion. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Cons ultant 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 insuranc e, 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, employee s and agents (“ Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration 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 officers, 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 willful 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 employees f or any such claims or liabilitie s arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, a nd employees harmless therefrom;
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(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions 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 willful misconduc t 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 extent permitted by law, shall apply to clai ms 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 misconduct 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 necessary 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 complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of thre e (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 b e given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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 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
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agrees that if Consultant becomes aware of a ny facts, circumstances, t echniques, 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 Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other proj ects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assignm ent. Consult ant 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 offic ers, 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 subcontractor 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.
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(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 shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in 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 shall, w hen the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article . Any failure on the part of the City to give notice of the Consultant’ s default shall 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
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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 waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in t his Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the 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 compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a 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 e vent of a breach of this Agreement, the Contractor 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 requir ed 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 Consult ant, except that where termination is d ue to the fault of the Consultant , the period of notice may be
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such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, 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, Consul tant shall immediately cease all servic es 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 reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the 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 provisi ons of Section 7.2, take ov er the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein sti pulated (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 Agre ement 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, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney’ s fees shall be entitled to all other reasonable costs for investigatin g such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action 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 def ault 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.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or pr incipal 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 services 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 Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or i ndirect, in this Agreement nor shall an y 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, di rectly or indirectly, interested, in viol ation 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 rac e, color, creed, religion, sex, gender, s exual 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 wi thout regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nat ionality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or serv ices 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, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of
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Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by 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 accor dance 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 ar e no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandi ngs, 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 inter preted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
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 financi al interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” purs uant to Government Code Sections 1091 or 1091.5. Consultant
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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, consideration, or other thing of value as a result or cons equence 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 ot her 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 unders tands that any such act(s), omission(s) or oth er 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 Agreement, such party is formally bound to the provision s 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]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
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:
DYETT & BHATIA
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; a nd 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 IN CORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01225.0001/458446.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).
II. All wo rk product is subject to review and accep tance b y the City, and must be revised by the Consultant without addition al charge to the City until found satisfactory and accepted by City.
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SCOPE OF WORK
This section presents the scope of work, organized into a streamlined series of tasks with objectives and consultant team member roles identified. The tasks below consolidate related tasks from the RFP, and the original RFP task number is shown in parenthesis for reference. A schedule showing sequence and duration of these tasks is included at the end of this chapter.
TASK A: START UP AND ONGOING MANAGEMENT (RFP Tasks 1 and 2) Objective: Initiate and manage the project, maintaining continuous and effective coordination with City staff.
Ki
ck Off Meeting and Bus Tour (D&B team). At the out set of the project, the D&B team will meet with City staff to review project objectives, refine the work plan, clarify responsibilities and expectations, and establish communication protocols. The kick off will also be an opportunity to identify key stakeholder groups and confirm the key points of the community engagement strategy. Prior to the meeting, we will review relevant background information, plans, and other documentation. We will also assemble a list of GIS, data, and information needs to review at the kick-off meeting. Following the kickoff meeting, staff and consultants will do a van/bus tour of key areas. The tour will be an opportunity for staff to introduce the community and key assets and issues to the consultant team and for the consultants to highlight considerations for the project.
D&B will outline the tour purpose/objectives and we will collaborate with staff to develop an itinerary and manage the tour. Alternatively, the bus tour can be conducted after the GPAC has been formed so that GPAC members can participate and help outline issues and opportunities as they see them.
GI
S Database Preparation (D&B). Using information from the City and the County Assessor, D&B will compile a GIS database with information on parcels, land uses, key nat ural features, environmental conditions, and other information germane to the project. A Planning Area base map will also be created for use throughout the project.
Pr
oject Management Plan (D&B). Following the kick off meeting, D&B will prepare a concise project management plan (PMP) to document the project schedule, budget, scope and key objectives. Key contacts will be identified, including project team members, responsible agencies, and key stakeholders. The PMP will include an organizational chart describing roles and responsibilities of the consultant team and clearly identifying the Project Manager and lead author of the General Plan.
Ong
oing Project Management (D&B). Project management and tracking will take place on an ongoing basis and will include regular meetings with City staff, coordination among consultant staff, and formal monthly progress reports to the Town. In addition to the kick off meeting, we anticipate 23 working meetings or video conferences with staff throughout the process to plan for outreach activities, review and discuss draft products, and prepare for/debrief from meetings Chino decision -makers. Other consultant team members may participate as needed. Outside of these calls and scheduled meetings, D&B project manager and princi pal in charge will be available to City staff by email or phone. As part of this task, D&B will maintain a schedule that clearly identifies project milestones and critical path items and that provides a breakdown of work tasks, durations, responsibilities, and linked actions.
• Del
iverables: Schedule, Data Needs List, Bus Tour Itinerary, Kick Off Meeting Summary, PMP • Meetings: Kick Off, Bus Tour, ongoing coordination meetings.
TASK B: COMMUNITY ENGAGEMENT (RFP Task 5)
Objective: Meaningfully engage a broad cross- section of community members and groups to identify unique, local issues of concern as well as critical citywide issues. Focus outreach equally on issues and solutions to address them. Use a variety of strategies and channels to ensure participation from all neighborhoods and EXHIBIT A-1
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segments of the population. Input collected will inform updates to the policy framework and strategies in the General Plan, aligning them with community priorities.
Th
e budget shown for this includes all GPAC and community meetings (except decision-maker study sessions), “go to” outreach, two online surveys, and digital/social media outreach. However, GPAC meetings and community workshops are listed in later tasks as well to show their sequence and topics covered.
Co
mmunity Involvement Strategy (VMA, with D&B). Following the kick off meeting, we will design a Community Involvement Strategy (CIS) that includes engagement strategies and tactics, project messaging, stakeholder identification, general timeframes and responsibilities. The CIS will be a living document that will continue to be updated throughout the project. We will use a broad range of tested and proven methods, including community meetings, pop -up outreach at events around the city, online and social media engagement, and public meetings, as well as activities specifically targeted to engage youth, disadvantaged populations, and other traditionally under -represented constituencies. We understand that successful outreach meets people where they are and provides meaningful opportunities for input that influences outcomes. Preliminary components of our public participation program are outlined below; however, based on discussions at the kick off meeting, we will work with staff to re fine it and devise a strategy that best fits Chino’s needs.
Ke
y Informant Interviews (D&B). D&B and other team members will conduct 30 face -to-face interviews in small groups at key points in the the project. Interviews may include property owners, develo pers, business owners, public agency staff, elected officials, and others. The intent is to elicit candid input to inform development of the general plan and ensure we explore feasible strategies with the potential for decision - maker and key stakeholder support. Comments and input will be summarized in a memorandum. Provisionally, we assume:
• Twenty (20) interviews at the outset of the process to elicit candid input on planning issues and give us a broad sense of the community, major issues of concern, deal breakers, desirables, and the political factors that may come into play. If the interviews are done in-person, they would conducted on consecutive days; if held via zoom, they can be spaced out over a week.
• Ten (10) interviews as the Alternatives/Preferred Plan is developed.
Go-to
Outreach (VMA, with D&B). Using a “go to them” strategy to raise awareness of the project and provide community members with additional in- person opportunities for input, VMA will conduct pop up events at locations around town where community members gather - such as Freedom 5K run, Summer Concerts, Fireworks Spectacular, Halloween Spooktacular, the Corn Feed Run Car Show and Cruise, Family Health Day events. Outreach may be structured as "chalk board chats" or stop -and-talk stations that provide community members with opportunities to learn about the project and sh are quick feedback. Additionally, VMA will coordinate with local churches and parishes, youth and senior groups, local philanthropic organizations to identify other events that may present opportunities for Go -To Outreach. We will conduct up to eight (8) o f these events throughout the process. Timing and location of events will be determined in consultation with City staff. D&B will prepare materials, while VMA will plan and manage the events.
Yo
uth-Led Outreach (VMA). VMA will organize a youth-led outreach activity to provide a forum for youth input into general plan development. This could take the form of a video project, where local youth make iPhone videos to document their vision for the city and/or issues and opportunities in their neighborhoods. The scope of the project and organizations to partner with will be determined in consultation with the Chino Youth Council. The budget anticipates participate of approximately 30 youths, each of whom would receive a stipend.
Nei
ghborhood Listening Sessions (VMA, with D&B). VMA and D&B will host a series of four (4) neighborhood listening sessions, intended as a forum for discussion of neighborhood -specific issues and opportunities. A
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particular focus of these events will be neighborhoods located in census tracts that have been designated as disadvantaged communities pursuant to SB535. Input from residents of this area is essential for development of Environmental Justice goals and policies and to effectively engage this segment of the population early in the process, we propose to conduct two of the four listening sessions in these areas. These events are intended as active listening sessions to directly connect to community members directly and provide a forum for the residents of Chino’s most disadvantaged neighborhoods to voice their concerns and priorities so that they can be reflected and addressed from the outset of the process. A nutritious dinner or other incentive will be provided for community members that participate in each event.
Genera
l Plan Advis ory Committee (D&B, with team). A General Plan Advisory Committee (GPAC) will be convened to serve as ambassadors for the project in the community and provide a forum for public discussion.
We will work closely with the GPAC throughout the process, relying on them to help promote community participation in the process, review draft documents, provide guidance on policy direction, and provide recommendations to City decision-makers at critical junctures. It is anticipated that the GPAC will meet eight times over the course of the project. Following each meeting, brief meeting summaries will be prepared in English and Spanish and provided to the City to post on the website. The following GPAC meetings/topics are envisioned:
GPAC Meeting Topic
1 Introduction; Key Issues and Outreach Brainstorming
2 Vision and Guiding Principles
3 Existing Conditions, Trends, and Opportunities Review. Alternatives Brainstorming. 4 Preliminary Alternatives
5 Preferred Plan and Key Goals
6, 7, 8 Draft General Plan Policies
Com
munity Workshops (D&B, with VMA). The D&B team will host a series of four (4) community workshops and/or open houses – in person or virtual. Small group facilitation (English and Spanish) and hands -on (or virtual) interactive exercises, map- based activities, and discussion will be part of each workshop design.
Provisionally, it is anticipated that the first workshop will focus on identifying goals, principles, issues and opportunities; the second workshop will focus on key strategies to incorporate into the Dra ft General Plan Update; and the third and fourth workshops will be open house style meetings to unveil the public review draft Plan, Zoning Amendments and EIR as requested in the RFP. The timing and objectives of the workshops can be adjusted without impact to the proposed budget. Workshop summaries will be prepared in English and Spanish for the City to post to the project website.
On
line Surveys (D&B, with VMA). Knowing that many residents lead busy lives and may not be able to set aside time to participate in person, we will design and disseminate complementary online activities at two stages in the process – at the initial visioning stage and at the alternatives stage. We propose to use a software platform such as Maptionnaire, an effective online tool which has the ability to integrate images , video, and maps, allowing participants to engage with and comment directly on the material presented. We will draft content and revise it based on staff feedback prior to launching activities. Participation will be promoted with Facebook ads and social media outreach. Results of each will summarized in a survey report that highlights key findings and highlights any notable differences in responses between neighborhoods and demographics groups in Chino.
Soc
ial Media Promotion (VMA, with D&B). VMA will work with City staff and D&B to develop shorthand project updates and educational content in the form of social media collateral (ex: posts for Facebook, NextDoor, Instagram, TikTok, etc) in English and Spanish for City staff and GPAC members to push out through established channels. Our budget accommodates Facebook ads to raise awareness among targeted demographics and
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drive participation. These ads are proven to be very effective in increasing participation rates on similar planning efforts.
Webs
ite Materials (D&B). D&B will provide staff with content to post on the City’s website throughout the process. The website will serve four primary purposes: 1) provide general information about the project, such as purpose, schedule, “General Plan 101”, and FAQs; 2) serve as a regula rly updated library of project documents, presentations, and meeting materials as they are completed; 3) alert the public to upcoming meetings and other means of participation; and 4) provide opportunities to engage and provide input in creative and convenient ways at any point in the process. Online surveys and meeting links will be accessed from this site.
St
aff Advisory Group Meetings (D&B, with team). D&B will facilitate a total of three (3) staff advisory group meetings to be held at key junctures during the course of the project. Provisionally, participation of staff from the Community Services, Development Services, and Public Works departments is envisioned. The meetings will provide a forum for staff to discuss and provide feedback to the consulta nt team on key project deliverables, including the background reports; the land use/circulation alternatives; the Preferred Plan and key strategies; and the administrative draft General Plan. The timing and objectives of each meeting is described in subsequent tasks. These meetings will not be public meetings subject to the Brown Act, however, brief meeting summaries will be prepared for internal use.
Ou
treach Report (VMA, with D&B). At the end of each phase of outreach, VMA and D&B will prepare a report that summarizes outreach activities and community feedback. The report will document key messages and will help to highlight implications for the General Plan Update as well as any no table differences in responses between neighborhoods and demographics groups in Chino. Where possible anonymized demographic and zip code data will be used to help characterize results. Images, charts and maps will be incorporated to illustrate key findings.
• Deliverables: Community Involvement Strategy; Go -To Outreach materials; Workshop materials; GPAC meeting materials, agendas, staff reports, summaries; Online surveys (2); Social media collateral; website materials; outreach reports.
• Meetings: Key Info rmant Interview (30); Go -To Outreach (8); Neighborhood Listening Sessions (4); GPAC meetings (4); Community Workshops (4); Staff Advisory Group Meetings (3) TAS
K C: VISIONING, EXISTING CONDITIONS, OPPORTUNITIES & CONSTRAINTS (RFP Tasks 3, 4, 6, 7 and 8) Objective: Establish a community-wide vision and shared principles to guide the project. Conduct analysis and document existing conditions, opportunities, and constraints in Chino to lay the foundation for alternatives exploration. Collect and organize data and information required for environmental review to streamline the project schedule. Summarize findings in a user-friendly report the emphasizes maps and graphics and highlights key implications for the General Plan Update.
In
clusionary Zoning Nexus Study (KMA). To support a decision on whether to adopt an inclusionary zoning ordinance to enhance the City’s ability to provide affordable housing to residents, KMA will prepare an Inclusionary Zoning Nexus Study. The purpose of the KMA analysis will be to evaluate the financial feasibility of imposing Inclusionary Housing requirements on the housing types anticipated to be developed in Chino.
The Study will include the following components:
• Ba
ckground Information Collection. The foundation of the Study will be a market analysis, the use of KMA’s proprietary pro forma models, and affordability gap analyses. To undertake this analysis, it would be useful for KMA to be provided with the following information:
o The most recent draft of the City’s Sixth Cycle Housing Element.
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o Any housing strategy information that has recently been prepared by the City. o A representative sample of for sale and rental residential projects that have been proposed and/or developed within the past 10 years. The information should include: Detailed scope of development; Development plans if available; the site’s zoning designation and development standards; and the parking requirements being imposed. o An identification of sites in Chino that are available for the development of residential uses.
The information provided should include the zoning designation and development standards imposed on the parcels.
o The City’s current Section 65915 density bonus ordinance. o The parking requirements imposed on multifamily and single family residential development.
o Estimates of the public permits and fees costs for residential development broken down into per unit costs associated with typical planning fees, impact fees imposed by the City; school fees, and fees imposed by jurisdictions other than the City. • Pro
totype Development Analysis. As pertinent, KMA proposes to evaluate single family homes; townhomes and condominiums; and apartment projects. For analysis purposes, KMA will create prototype developments for the identified housing types. These prototypes will be developed in consultation with the City staff, and they will be representative of project types being developed in Chino. KMA will also evaluate the potential for the Section 65915 density bonus to be used to mitigate the financial impact created by the imposition of Inclusionary Housing requirements on the prototype developments.
• Re
commended Inclusionary Housing Program Characteristics. Based on the findings of the analysis, KMA will recommend the following Inclusionary Housing program characteristics:
o Identification of project types that may be exempt from the Inclusionary Housing requirements.
o The threshold project size that will trigger the Inclusionary requirements. o The percentage of affordable units that will be required to be provided. o The income and affordability restrictions that will be imposed. o The comparability standards that will be imposed on Inclusionary Units. o The treatment of Inclusionary Housing requirements that result in a fractional unit affordable housing requirement.
o Alternatives to developing the Inclusionary Units on site within the proposed market rate project including: Off-site development of affordable housing units; A fee that would be paid in lieu of producing affordable units; Dedication of land for subsequent development of affordable housing units; and Acquisition and rehabilitation of existing units. o Quantification of the in-lieu fee payment amounts that cons be supported given the affordability gaps associated with the prototype residential types being evaluated. o Recommended procedures for modifying the requirements over time as market conditions change.
• Com
parative Analysis of Inclusionary Policies. The KMA Los Angeles office has assisted in creating over 30 Inclusionary Housing programs in California. We have also assisted in establishing the implementing policies and procedures in many of those jurisdictions. The salient characteristics of these programs will be included in the comparative analysis of existing Inclusionary policies. In addition, KMA will undertake a survey of the programs adopted throughout California. The purpose of the comparative analysis is to identify the characteristics embodied commonly by Inclusionary Housing programs. The results will be used by KMA to identify the best practices being employed by
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Inclusionary Housing programs. This information will provide context for the Inclusionary Housing program parameters to be recommended to the City.
• Inc
lusionary Policy Recommendations. KMA proposes to prepare a separate policy recommendations memorandum that will be based on the results of the Inclusionary Zoning Nexus Study; ongoing discussions with City staff; Planning Commission and City Council input; and the best practices identified in the survey of existing Inclusionary Housing programs. The policy recommendations memorandum will be prepared following review of the Study by City of Chino decision-makers and will be organized as follows:
o The findings of the Nexus Study will be summarized.
o The components of the recommended policies will be identified. The following policy recommendations for ownership and rental housing development will be included:
Affordable housing production requirements: the financially feasible income targeting standards; and the percentage of housing units that should be set aside as Inclusionary Housing units.
o The alternatives to on-site Inclusionary Housing development that should be allowed by right and those that should require approval by the City Council. o The role that the Section 65915 density bonus should play in establishing income and affordability requirements for the City’s Inclusionary Housing program. o The implementation and administrative tools that should be created by the City after an Inclusionary Housing program is adopted.
GP
AC Meeting #1 - Key Issues and Community Outreach Brainstorming (D&B). Formally introduce the project and the GPAC’s role. Discuss the first phase of community outreach (Visioning) and hear from the GPAC about key issues and desired outcomes.
Co
mmunity and Stakeholder Outreach (D&B and VMA). Outreach activities during this phase of the work will focus on establishing a communitywide vision and on understanding issues and opportunities at play. The following activities described in Task B will be conducted Key Informant Interviews, Go -To Outreach, Neighborhood Listening Sessions, Youth -led outreach, Community Workshop #1, Online Survey #1, Staff Advisory Group Meeting #1, web/social media promotion.
Co
mmunity Vision and Guiding Principles (D&B). Results from the first p hase of community outreach (workshop, survey, key informant interviews, go-to outreach, focus groups) and the GPAC brainstorm will be synthesized in the form of a graphics-rich Community Vision and Guiding Principles document. The Vision will be aspirational, and the Guiding Principles will confirm existing goals or outline how these will be modified, drawing on the goals that precede policies in the current General Plan, and tailored to reflect the specific issues of this update.
GP
AC Meeting #2 - Vision and Guiding Principles (D&B). Review results of the initial outreach with GPAC and lead brainstorming on a shared vision, supported by guiding principles.
Dec
ision-Maker Review (D&B). D&B will facilitate a study session with the City Council to recap outreach activities and present the resulting Vision and Guiding Principles for comment and approval.
GP
AC Meeting #3 - Existing Conditions and Opportunities (D&B). Review the key findings of the TBR with GPAC and facilitate a discussion on initial concepts for alternatives.
Tec
hnical Background Report (Team). We will prepare a comprehensive Technical Background Report (TBR) that provides a detailed analysis of baseline conditions and trends and identifies opportunities and implications
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for the General Plan update. TBR will be formatted as an "atlas," emphasizing graphics, maps and charts to illustrate the city’s current conditions and key issues, with deeper exploration in text as warranted for specific topics. We will submit a draft for staff review and revise once to address a consolidated set of comments from staff. TBR will include the following analysis/components:
• Land Use and Development Trends (D&B). Review of existing land use and development trends based on available data from the San Bernardino County Assessor and City, with a summary of existing land use plans (general, community, specific) and zoning. An existing land use inventory will be developed and Assessor data will be overlayed with the current General Plan land use map to identify non-conforming uses. Vacant and underutilized sites will be identified and mapped.
• Demographics and Economics (KMA). Document socio -economic characteristics and identify business and employment categories in Chino. Prepare a market dema nd analysis to support the General Plan Update process. Conduct stakeholder interviews with brokers and developers active in the region to garner insights and summarize countywide employment patterns and identify key industries with strong pay levels.
Prepare a surplus/leakage analysis for the market area to identify the type and scope of retail development that could be supported. Provide a near -term assessment of market opportunities and growth capacity, addressing real estate demand citywide for resident ial, office, commercial, lodging/accommodations, and industrial land uses, projecting citywide demand for each land use through the General Plan time horizon.
This task will also involve preparation of a site feasibility study for several key sites/areas identified by City staff and through the land use analysis by D&B. The objective will be to assess highest and best use options for the sites/areas in view of realistic market opportunities to inform the alternatives exploration process. • Transportation and Multi-Modal Mobility (F&P). Assess existing traffic conditions for selected intersection and arterial streets and document citywide VMT. An inventory of pedestrian facilities will be conducted identifying critical gaps and deficiencies. Truck routes, trans it routes, and multi -modal facilities will be mapped. Existing deficiencies and constraints in the transportation system will be identified and potential opportunities developed incorporating requirements of AB 1358 (Complete Streets) and SB 743 (vehicle miles traveled).
• Environmental Justice and Climate Vulnerability (D&B). Health, Wellness, and Environmental Justice (D&B).
Document conditions related to physical and social determinants of health. Map Disadvantaged Communities (DACs) in Chino using CalEnvi roscreen 4.0 data and Disadvantaged Unincorporated Communities in the SOI. Produce maps of each of the individual indicators that contribute to the overall ranking of DACs in order to understand the spatial repartition and magnitude of that various factors.
Walkability, and access to parks and healthy foods will also be mapped. Additional data sources to be consulted: the California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, San Bernardino County Dept. Public Health, Federal Bureau of Investigation Crime Reports, and the Chino Police Department. An assessment of climate vulnerabilities will included, based on analysis in the Chino LHMP and supplemental analysis using CalAdapt data. • Environmental Resources (RECON). Docu ment conditions, constraints and opportunities within the plan area related to air quality, biological resources, cultural resources, geology and Seismicity, Hazardous Materials, Hydrology and Water Quality Noise, and Wildfire. Publicly available data and information from federal, State and local agencies will be used. Additionally, a cultural resource record search, a Sacred Lands File search, a review of historic aerial photographs for known resources, and a review local historical archives will be conducted.
• Parks, Public Services, and Safety (D&B). Document police, fire, school, library and park conditions, staffing, equipment levels, and established service ratios and standards based on existing plans, reports, phone interviews, email inquiries. GIS-based analysis of accessibility to parks and public facilities will be conducted. • Infrastructure (Dudek). Research existing reports, master plans, condition assessments, etc summarizing the state and needs of the existing City water, sewer and stormwater collection/distribution systems, based on plans and materials in digital format from the City. Prepare a written summary of the state of the wet utility systems, including areas of known deficiencies and areas of each system planned for expansion to support growth.
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• Key Findings (D&B). This chapter will synthesize the analysis on topics above into a series of key findings that identify and prioritize the opportunities and constraints that the General Plan Update must address.
SWOT analysis will be incorporated to characterize issues and opportunities. • De
liverables: Vision/Guiding Principles; Technical Background Report (Draft/Final) ; Inclusionary Zoning Nexus Study (Draft/Final)
• Meetings: GPAC meetings (3); decision-maker meetings.
TAS
K D: ALTERNATIVES EXPLORATION (RFP Tasks 9 and 12)
Objective: Prepare and evaluate three distinct alternatives for land use, circulation, and infrastructure that respond to the existing conditions, opportunities, constraints identified in Task C as well as input received from the initial outreach and engagement with stakeholders. Represent the alternatives conceptually with illustrations, video animations, and examples to facilitate understanding. Build consensus around a Preferred Plan to guide preparation of the General Plan Update and EIR.
Prel
iminary Alternative Plans (D&B, with team). D&B will prepare up to three land use alternatives in “sketch plan” form, addressing findings from the market study and the issues, opportunities, and constraints identified in Task C and incorporating feedback from community members and decision makers during the previous outreach. Each alternative will offer real choices for future growth and development and each will be depicted conceptually with illustrations, video animations, and examples from peer communities to facilitate understanding. An assessment of each alternative's impacts and outcomes will be included, along with projected growth forecasts and common metrics to facilitate evaluation. An Admin Draft of the Alternative Plans will be submitted to the City and revised once prior to presentation to the GPAC.
GP
AC Meeting #4 (D&B). Present the Preliminary Alternative Plans (with growth forecasts and metrics) to the GPAC and facilitate a discussion to review and refine them for use in community outreach activities.
Ci
tywide Workshop #2 on Alternatives (D&B, with VMA). Facilitate a second citywide workshop to present draft alternatives and key strategies for realizing the community’s vision. This exercise will provide an important opportunity for community members and stakeholders to confirm areas for growth and revitalization and areas for preservation. Community members will also be able to comment about how the city’s major opportunity areas should change and revitalize to support the needs of the community and businesses, and ensure the continual provision of high quality services and infrastructure in the future.
Interactive exercises, small group discussions, or stations will be organized to get feedback. Results will be summarized in a brief memorandum.
On
line Survey #2 on Alternatives (D&B, with VMA). Designed in an interactive format with video animation, maps, and text, survey content and purpose will mirror that of Workshop 2 and present the alternatives for community input on key choices to be made. The survey will be "live" in parallel with Workshop #2 to provide an alternate avenue for community input.
Pref
erred Plan and Key Strategies (D&B, with team). Incorporating input from community and stakeholder outreach (workshop, survey, go-to events, interviews, focus groups as described in Task C), we will prepare a Preferred Plan and Key Strategies package that encompasses land use, transportation/multi -modal connectivity, economic development, infrastructure, safety, and environmental justice. In a series of maps and key goals that support the direction developed on the basis of community input, it will present a shared community vision for development and preservation, rooted in economic opportunities and built around key “opportunity sites” in the City and SOI that have potential to undergo use/intensity change over the next 20 years with key strategies for implementation. It will include projections for population, housing and
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employment likely to result from buildout in the horizon year. An administrative draft will be reviewed with staff refined for GPAC review.
G
PAC Meeting #5 (D&B). Present the Draft Preferred Plan and Key Strategies to the GPAC and facilitate a discussion to review and refine it for consideration Chino decision-makers.
D
ecision-Maker Review (D&B). At the culmination of this task, the Preferred Plan and Key Strategies that result from the conversation with the community will be presented to the Planning Commission and the City Council.
Refinements directed by the City Council will be made to guide preparation of the General Plan Update, Zoning Amendments, and EIR.
T
echnical Evaluation of the Preferred Plan (KMA, F&P, Dudek). To inform development of the Draft General Plan Update, the following technical evaluations of Preferred Plan approved by the City Council will be performed:
• F
iscal Impact Analysis (KMA). KMA will evaluate the fiscal impact of the proposed land use plan, developing an estimate the gross annual recurring tax revenues and subvention revenues to be generated by build out and allocating them to the City’s General Fund on a static basis and over 20 years (excludes non-General Fund Revenues). The major revenues anticipated to be quantified, include annual property tax revenues; subvention revenues (e.g., motor vehicle in- lieu fees); sales tax revenues generated by the residential and commercial uses; other revenue sources; and transient occupancy tax revenues. Annual Plan service costs will also be projected, accounting for annual General Fund operating and maintenance costs related to providing services such as police protection, public works, parks and recreation, and general administration, etc. This will involve reviewing and analyzing the City’s budget, and other written materials to identify the cost experience and current annual operating expenses incurred by the City in serving its existing population; identifying applicable service standards in the General Plan; confirming a set of basic cost and revenue assumptions derived from the City’s budget. As part of this task, KMA will prepare a summary matrix identifying economic and financial incentives that can be used to make a project viable and to attract desirable, market supportable development. Tools considered will include: value capture from entitlements; densit y bonuses; Enhanced Infrastructure Finance Districts; Assessment Districts; business improvement districts; expedited permitting; revised development fees; grants. • T
ransportation Impact Assessment (F&P). A TIA consisting of the following components will b e p
repared:
o VMT Forecasting - F&P will utilize the San Bernardino Transportation Analysis Model (SBTAM) to develop traffic forecasts for this effort. This traffic model will be employed for VMT forecasts based on City and OPR guidance, including Origin-Destination (OD) and Production- Attraction (PA) VMT analysis approaches for project -level assessment and the Boundary Method to measure the project’s effect on VMT. It is anticipated that these VMT forecasts (calculated using the RTAC Method) will be employed for any Greenhouse Gas Emission s
analy
sis that the environmental consultant will perform.
o Traffic Volume Forecasting & LOS Analysis - Link-level average daily traffic and intersection turning movement forecasts will be performed at up to 40 locations to a ssist in testing the proposed circulation element roadway network against the proposed land use plan. Policies will be recommended for locations that do not meet determined LOS standards, which could range from infrastructure improvements or policies allow ing lower LOS. Land use and roadway network data will be updated consistent with the proposed General Plan Land Use Element and Circulation Element.
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• Infrastructure Needs Assessment (Dudek). Dudek will assess infrastructure needed to support the Preferred Plan by applying proportional changes to water demands and sewer generation comparing existing versus proposed land use changes. The unit demand/flow factors for each land use type will be either derived from past master planning documents or estimated based on typical regional factors and acceptable by the City. Utilization of a fully calibrated hydraulic model and associated modeling software is not anticipated as part of the evaluation. Supporting graphics will be prepared as part of the evaluation and c omparison process. Project costs will be estimated based on present day construction costs and assumed soft costs for non-construction related items such as engineering and environmental permitting based on industry average percentage rates of the estimated construction cost.
TAS
K E: DRAFT GENERAL PLAN PREPARATION (RFP Tasks 10 and 14) Objective: Update the General Plan to reflect Council direction and address emerging trends and new State law.
Receive guidance and feedback from GPAC (GPAC) and City staff. Prepare the Draft General Plan Update and Implementation Plan for public review.
Genera
l Plan Outline and Format Options (D&B). D&B will prepare a detailed outline for the General Plan (including a list of figures), reviewing and refining it with C ity staff at the outset of this task. T he outline will address options for incorporating the 2021-9 Housing Element. Ensuring the Plan is user-friendly and easy to navigate will be a guiding factor. Topics that will be covered in each chapter will be identified, and a “mock - up” section will be prepared for staff approval.
GP
AC Meetings #6-8 (D&B, with team). D&B will convene a series of GPAC meetings to review and received feedback on draft goals, policies and implementing actions for the Draft General Plan Update prior to public release. We will use online collaboration tools to streamline input from the GPAC prior to meetings and focus the discussion at meetings efficiently.
Pr
epare Administrative Draft / Public Review Draft Plan (D&B, with team). D&B will incorporate the refined goals and policies into an Administrative Draft General Plan. Text, graphics, and maps will be updated for consistency with the new goals and policies. We will respond to one round of consolidated comments from staff on the Administrative Draft General Plan and then prepare a Public Review Draft Plan. The Plan will include the following elements:
• Land Use (D&B) - Incorporating updated land use map, designations, key goals and policies from Preferred Plan.
Consistent with community vision, relevant policies from any "sun -setted" community plans and specific plans will be incorporated or replaced. Focus will be on feasible policies and actions to effectively implement the vision.
• Community Character (D&B) - Focus on urban design, with goals to enhance community identity and livability, promote positive City image, and achieve improved corridor and neighborhood design. Topics may include:
design of key opportunity sites and new mixed- use areas; design of buildings and districts to prom ote walkability; design of gateways into Chino; improving public realm and city identity. • Housing - Based on outline developed previously, the 2021 -9 Housing Element will be incorporated here or maintained under separate cover.
• Transportation (D&B, with F&P)- Thoroughly modernize the element to address changes in mobility options (i.e., ride-hailing bike sharing, scooter sharing, etc.), the influence of technology (i.e., autonomous vehicles, smart cities), and other disruptive trends (i.e., internet shopping). Policies will be reviewed and updated to address Complete Streets requirements, promote multi-modal connectivity, and facilitate walkability in mixed use areas, as well as to reflect the City’s preferences and priorities for use of public right -of-way (including lanes, curbs, and parking), how to respond to revenue declines, and forward- thinking actions related to address modern freight and logistics planning, electrification of the fleet. A revised circulation diagram will be incorporated along with metrics for VMT and LOS as appropriate.
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• Economic Development (D&B, with KMA) - Incorporate key findings of market analysis and update policies to catalyze redevelopment of key opportunity sites and areas; capitalize on economic assets and opportunities; improve quality of life with public amenities and services; retain and attract businesses; ensure sound fiscal management.
• Environmental Justice (D&B) - this new element will satisfy the the requirements of SB1000. Pertinent content from the Healthy City Element of the 2025 Plan will be incorporated, refreshed and refined to align with community needs and priorities.
• Open Space and Conservation (D&B) - Refresh the element, addressing new State laws on waste reduction and consumption of energy and water.
• Parks and Recreation (D&B) - update for consistency with the City of Chino Parks and Facilities Master Pla n
c
urrently in development and the Preferred Plan.
• Public Facilities and Services (D&B, with Dudek) - Incorporate findings of Infrastructure Needs Assessment and update goals and policies as needed.
• Air Quality (D&B, with RECON) - data and policies in this optional element will be updated as relevant.
Considering community input and priorities, content may be incorporated into other elements or maintained in a standalone chapter.
• Safety (D&B, with F&P) - Information of hazards and climate vulnerabilities from the 2018 LHMP will be incorporated as relevant together with new analysis on emergency evacuation capacity (per SB99 and AB747) and urban heat impacts. Policy framework will be comprehensively updated to address new State law and key issues identified, with a focus on disadvantaged and vulnerable populations. • Noise (D&B, with RECON) - Updated noise contours will be produced and the policy framework will be revised as need to accommodate the updated vision and development pattern.
Im
plementation Plan (D&B, with team). We will prepare an Implementation Plan that outlines specific actions needed to implement the General Plan after adoption. It will include the General Plan implementing policies, organized in a matrix format indicating implementation time frame, responsible party, and means of monitoring progress. In addition, statutory requirements for annual progress reports will be included. Major capital improvements resulting from the GPU—parks, streets, water/wastewater system improvements—can also be compiled into a list, so that the City can prioritize timing and improvements. • D
eliverables: General Plan Outline; Draft General Plan (Admin/Public Revie w); Implementation Pl an (
Draft/Final); GPAC meeting agenda, reports, summaries.
• Meetings: GPAC Meetings #6-8
TA
SK F: ZONING CODE AND MAP UPDATE (RFP Task 15)
Objective: Update the Zoning Code and Map to implement the updated Housing Element and General Plan and ensure compliance with new State laws. Complete the work in two phases for compliance with Housing Element Law (AB 1398).
D
&B will update the Zoning Code and the Zoning Map to implement the Housing Element and General Plan, including provisions to address streamlining required by Senate Bill (SB) 35 and SB9 requirements for two-unit development and urban lot splits. As of March 24, 2022 the City's Sixth Cycle Housing Element has not been certified by HCD and therefore, pursuant to Assembly Bill 139 8, it is possible that any rezoning needed to accommodate the regional housing needs allocation will need to be completed no later than one year from the statutory deadline. Accordingly, we propose a two- phase approach to zoning, with Phase One including all amendments needed for the Housing Element (e.g., affordable housing and mixed use overlays, density bonus provisions, SB9 provisions, farmworkers housing, incentives fo r small lot consolidation, provisions for transitional and supportive housing, and SB 35 streamlining), so they can be adopted by October 15, 2022 per State law. If the City Council elects to adopt an Inclusionary Housing Ordinance based on the findings an d recommendations of the Inclusionary Zoning Nexus Study completed as part of Task C, D&B will also prepare an Inclusionary Housing Ordinance as part of Phase One. Phase Two would include other revisions needed for
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implementation of the updated General Pla n and streamlining of development review for commercial and industrial projects, including updates to land use and development standards for non-residential zones, parking standards, noise standards, and provisions for specific plans and planned developmen t. Phase Two will also include the repeal of five outdated specific plans and the incorporation of any standards and provisions from those plans that remain relevant into the Zoning Code. Recently adopted regulations, such as for wireless facilities, would not be amended, nor would landscaping regulations, which already comply with the State’s Model Regulations for Water Efficient Landscaping.
T
o focus the Phase Two work, a General Plan policy matrix will be prepared, identifying what policies and programs relate to zoning and whether amendments are required for land use regulations, development standards, or review procedures. For Phase One, the Housing Element is quite clear on what zoning amendments are needed. A map will be prepared overlaying General Plan Land designations (in color) on existing zoning to identify where rezoning may be needed. The scope of the required rezoning will be determined in part by the Measure M vote scheduled for June 2022. Initial reconnaissance will include a diagnosis of the existing Zoning Code, a field trip, and review of representative plans for residential and non- residential development to identify gaps and inconsistencies with State law and options for addressing them.
Where appropriate, standards and procedures in peer communities will be noted for comparison. Zoning issues also will be explored in the community outreach and stakeholder interviews (Task C), so details that may not be addressed in General Plan policies can be included in the Zoning Code amendments. For each phase, an annotated outline of proposed amendments will be prepared to review with City staff and, if appropriate, the Planning Commission or other body. It will identify what existing regulations and standards will be updated and what new regulations and standards are proposed. After approval of the outline, modules of draft regulations will be prepared. These will be illustrated with zoning diagrams for form -based development standards. A preliminary map of proposed Zoning Map amendments also will be prepared for City staff review.
A
s an optional task, D&B could prepare revisions to sign regulations in Title 16 to bring them into compliance with federal law on content neutrality as established in the Supreme Court’s Gilbert v. Reed decision and to more closely align them with the design standards and base district regulations, as amended to conform to the updated General Plan.
• Deliverables: Code diagnostic; summary of peer city standards/procedures; annotated outline of code amendments; draft code modules with illustrations; preliminary map of proposed Zoning Map amendments; Final Zoning Code and Zoning Map amendments.
• Meetings: ad hoc meetings with staff.
T
ASK G: DRAFT AND FINAL EIR (RFP Task 11)
Objective: Objective: Prepare a legally-defensible EIR to identify and mitigate the environmental impacts of the updated General Plan and Zoning Code. Structure the work plan to streamline environmental review and facilitate timely completion of the project. Coordinate working closely with the planners, technical experts, and city staff to ensure that policies are written to mitigate or avoid environmental impacts.
R
ECON will prepare a legally defensible Programmatic Environmental Impact Report concurrent with the General Plan Update to the extent feasible to facilitate timely completion of the project. The EIR will identify and mitigate as appropriate the significant impacts that may result from the General Plan and Zoning Code/Map update. RECON will prepare a Notice of Preparation (NOP) and conduct a scoping meeting as required under CEQA, either as part of a General Plan community workshop or at a Planning Commission meeting. RECON will work with D&B to prepare a comprehensive project description that will serve as the basis for the environmental analysis and will be submitted to City staff for review prior to commencing work on the technical analysis. RECON will work with D&B through an iterative process to develop mitigation measures and
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policies concurrently in concert with finalization of the General Plan Update, such that goals, policies, and implementation measures can serve to minimize impacts and the General Plan Update can be self -mitigating to the extent feasible. RECON will coordinate working closely with the project team, technical experts, and City staff to ensure that policies are written to mitigate or avoid environmental impacts. Analysis will account for objective standards would minimize potentially significant impacts. A mitigation framework will be prepared, as appropriate, to maximize CEQA streamlining opportunities for future projects consistent with the General Plan.
RECON will prepare an Administrative Draft, Screencheck Draft, and Public Review Draft EIR. The analysis will draw on the technical and specialized analyses prepared in previous tasks, including the Transportation Impact Assessment prepared by F&P and the Infrastructure Needs Assessment prepared by Dudek. The Administrative Draft EIR will contain all components required by the CEQA Guidelines including an executive summary, introduction, environmental setting, and project description. The environmental analysis sections will include:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural and Tribal Cultural Resources
• Energy and Greenhouse Gas Emissions
• Geology/Soils
• Hazards & Hazardous Materials
• Hydrology/Water Quality
• Land Use/Planning
• Mineral Resources
• Noise
• Population/Housing
• Public Services and Recreation
• T ransportation
• Utilities/Service Systems
• Wildfire
T
he EIR will also discuss growth inducement, irreversible commitment of resources, and issues that were found not to be significant during the scoping process. The EIR will address project alternatives, including a No Project Alternative and up to three project alternatives that could feasibly attain the basic objectives of the General Plan Update. Determination of specific alternatives will be made in coordination with City staff. Following approval of the Public Review Draft EIR, RECON will prepare required notices and coordinate with the City for the publication and circulation of the Draft EIR. RECON will be responsible for submittals to the State Clearinghouse.
After close of the 45-day comment period, RECON will bracket and number each individual comment received within each comment letter and any comments received during the public hearing and will prepare responses to each comment that raises an issue regarding the content or adequacy of the EIR. RECON will also prepare the MMRP that identifies each mitigation measure, timing, entity responsible for implementation, and method of compliance. RECON will prepare all required CEQA findings including a Statement of Overriding Considerations (if applicable) and Findings of Fact. CEQA Findings, and the MMRP will be provided with the Administrative Final EIR for City review. RECON will prepare a Final EIR for publication incorporating edits based on City comments for consideration during certification hearings. • Deliverables: NOP, Scoping comments summary, Draft and Final EIR, MMRP, Findings of Fact and Statement of Overriding Considerations, Notices
• Meetings: EIR Scoping meeting
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TASK H: ADOPTION AND FINALIZATION (RFP Tasks 13 and 16) Objective: Release the Draft General Plan and EIR for public review and successfully take the documents through the public hearing process. This task includes preparation of staff reports and presentations for public meetings before the Planning Commission and City Council, as well as facilitation of discussions before decision-making bodies.
Pu
blic Hearings (D&B, with team). The Draft General Plan and Final EIR will be presented at hearings before the Planning Commission and City Council. We will closely coordinate with City staff prior to the hearings to ensure that our presentations respond to specific questions and issues likely to be encountered during the hearings.
Prepa
re City Council -Approved General Plan (D&B). Following certification of the EIR and adoption of the General Plan Update, final versions will be prepared, incorporating any final direction from the City Council.
Web
-Based General Plan (D&B). Following adoption of the Plan by the City Council, D&B will prepare a web - based version of the Final General Plan that integrates maps, legends, text, photos, and video and provides functionality that helps users explore this content. This would be produced in ArcGIS StoryMap format with key content from each chapter and Element. To kick off this task, D&B will meet with staff to discuss organization and format, then we will prepare a "mock up" of the StoryMap to confirm direction before building out a full online version of the General Plan for staff review. We will respond to one round of consolidated comments from staff and test the StoryMap on a variety of browsers and devices. Prior to launch of the Web -Based General Plan, D&B will do an online demo wi th staff to review and make any final refinements. As part of this task, D&B will also prepare a memo and conduct a training session with staff so that staff can manage and update the tool after completion of the project. • Deliverables: Staff reports; Final General Plan, Web-Based General Plan • Meetings: Planning Commission hearing; City Council hearing; Kick off, Demo, and Training meetings for Web-Based General Plan
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01225.0001/458446.1 B- 1
EXHIBIT “B”
SP
ECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No
Special Requirements.
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01225.0001/458446.1 C- 1
EXHIBIT “C”
SCH
EDULE OF COMPENSATION
I. Consul tant shall be compensated for the services provided under this 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.
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BUDGET ASSUMPTIONS
Our cost proposal is based on the following assumptions:
Meet
ing Attendance. The budget assumes attendance at meetings as shown in the Scope of Work. Meetings with City Staff will occur as needed throughout the planning process, as specified in the Scope of Work. All meetings are assumed to be attended by D&B, with sub-consultant attendance as noted or as required. Costs of additional meeting attendance would be on a time and materials basis if requested; such costs are not included within the guaranteed maximum fee.
Co
nsolidated Comments and Direction. Unless otherwise noted in the Scope of Work, City staff will provide a single set of consolidated, non-conflicting comments on the review drafts of all documents. Unless otherwise specified, each product will be finalized following one round of staff review; additional iterations and reviews will be considered additional service.
Pres
entations, Agendas, Meetings Summaries. D&B will prepare agendas, handouts, presentations, and meeting summaries for all public meetings. D&B will also prepare agendas, staff reports, and presentations for all GPAC and decision- maker meetings that we attend. As decision -maker meetings are structured around review of products, these products wou ld be forwarded to City staff in advance of the meetings. Meeting summaries will be brief recaps of topics discussed and will not constitute actual meeting minutes.
El
ectronic files. Electronic files of all documents will be provided in PDF and Word via email or file transfer service. PDFs will be provided in high-resolution print format and lower-resolution web-compatible format, as appropriate. D&B will also provide native electronic files of all documents created by the consultant team upon completion of the project – these may be in Word or for graphic-intensive documents, in Adobe InDesign. Maps will be provided in Illustrator or ArcGIS format, depending on native format.
Pr
inted Documents. The consultant team will assume responsibility for printed documents as specified in the Scope of Work. Our budget includes costs for printing outreach materials (e.g. large format maps, handouts, etc.). We will also provide printed copies of notices required by the RFP and draft and final products as described in the Scope of Work. Given that the precise length of documents cannot be known at the time of proposal, printing costs provided are estimates. D&B reserves the right to bill actual costs in the event they exceed the estimates. In this event, substantiation of costs will be provided.
Tra
vel Expenses and Other Direct Costs. The budget includes direct costs related to the project, including travel expenses, printing costs, and other similar reimbursable items. These will be billed at cost (i.e., without any mark-up).
Re
allocation by Task/Subconsultant. D&B reserves the right to reallocate budget by task or consultant team member, provided the overall project budget is not affected.
EXHIBIT C-1
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BUDGET BY HOUR
PPrrooppoossaall ffoorr CCiittyy ooff CChhiinnoo GGeenneerraall PPllaann UUppddaattee
HHOOUURRSS BBYY TTAASSKK
May 26, 2022
Task A Task B Task C Task D Task E Task F Task G Task H Kick Off &
Ongoing
Management
Community
Outreach
Existing Conditions,
Opportunities
& Constraints
Alternatives
Evaluation
Draft General
Plan Zoning EIR Adoption/
Finalization
DDyyeetttt && BBhhaattiiaa
Andrew Hill, Principal-in-Charge/PM 80 148 84 110 132 75 40 66 735 Rajeev Bhatia, Principal 24 24 48
Michael Dyett, Principal 20 40 27 32 8 220 8 355
Alison Moore, Senior Associate 72 225 160 90 148 18 713 Associate 16 160 48 80 200 100 100 704
Planner/Urban Designer 16 200 180 120 180 271 40 20 1027 Assistant Planner 16 100 64 180 124 200 684
Senior Cartographer/Senior GIS Specialist 24 40 100 120 100 160 8 16 568 Project Assistant 8 120 48 64 80 89 8 36 453
SSuubb--TToottaall 225522 11003333 771111 882200 999966 11111155 9966 226644 44883344 FFeehhrr && PPeeeerrss
Principal 8 4 16 12 20 8 2 70
Associate 24 12 20 20 40 16 8 140
Senior Engineer/Planner 60 12 48 12 60 40 4 236
Engineer/Planner 8 100 40 100 60 308
Administrative 6 2 12 5 14 0 8 1 47
SSuubb--TToottaall 9988 3388 119966 8899 223344 00 113322 1155 880011
RREECCOONN
Associate Principal 28 16 8 120 16 188
Senior Associate 28 80 20 50 550 16 744
Analyst 80 40 500 620
Production Supervisor 24 8 120 152
GIS Supervisor 16 4 80 100
SSuubb--TToottaall 5566 00 221166 8800 5500 00 11337700 3322 11880044 KKeeyysseerr MMaarrssttoonn AAssssoocciiaatteess
Senior Principal 16 128 16 60 220
Senior Associate 150 24 174
Senior Analyst 203 24 227
SSuubb--TToottaall 1166 00 448811 1166 110088 00 00 00 662211 VVMMAA CCoommmmuunniiccaattiioonnss
Valerie Martinez, Principal 1 25 26
Chelsea Dickerson, Director 3 150 153
Claudia Cruz, Senior Associate 3 300 303
Graphic Designer 50 50
Associate 300 300
SSuubb--TToottaall 77 882255 00 00 00 00 00 00 883322
DDUUDDEEKK
Principal 8 12 12 4 36
Senior Engineer 20 36 4 60
Project Coordinator 4 4
SSuubb--TToottaall 88 00 3322 5522 88 00 00 00 110000
TTOOTTAALL HHOOUURRSS 443377 11889966 11663366 11005577 11339966 11111155 11559988 331111 88999922
TTOOTTAALL
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BUDGET BY FEE
PPrrooppoossaall ffoorr CCiittyy ooff CChhiinnoo GGeenneerraall PPllaann UUppddaattee
BBUUDDGGEETT BBYY TTAASSKK
May 26, 2022
Task A Task B Task C Task D Task E Task F Task G Task H Kick Off &
Ongoing
Management
Community
Outreach
Existing Conditions,
Opportunities
& Constraints
Alternatives
Evaluation
Draft General
Plan Zoning EIR Adoption/
Finalization
DDyyeetttt && BBhhaattiiaa
Andrew Hill, Principal-in-Charge/PM $240 $19,200 $35,520 $20,160 $26,400 $31,680 $18,000 $9,600 $15,840 $176,400 Rajeev Bhatia, Principal $265 0 0 0 6,360 6,360 0 0 0 12,720 Michael Dyett, Principal $265 5,300 10,600 7,155 8,480 2,120 58,300 0 2,120 94,075 Alison Moore, Senior Associate $175 12,600 39,375 28,000 15,750 25,900 0 0 3,150 124,775 Associate $160 2,560 25,600 7,680 12,800 32,000 16,000 0 16,000 112,640 Planner/Urban Designer $140 2,240 28,000 25,200 16,800 25,200 37,940 5,600 2,800 143,780 Assistant Planner $130 2,080 13,000 8,320 23,400 16,120 26,000 0 0 88,920 Senior Cartographer/Senior GIS Specialist $155 3,720 6,200 15,500 18,600 15,500 24,800 1,240 2,480 88,040 Project Associate $100 800 12,000 4,800 6,400 8,000 8,900 800 3,600 45,300 Direct Cost 1,250 4,500 1,250 550 2,800 4,565 14,915
SSuubb--TToottaall $$4499,,775500 $$117744,,779955 $$111188,,006655 $$113355,,554400 $$116655,,668800 $$118899,,994400 $$1177,,224400 $$5500,,555555 $$990011,,556655 FFeehhrr && PPeeeerrss
Principal $300 $2,400 $1,200 $4,800 $3,600 $6,000 $0 $2,400 $600 $21,000 Associate $215 5,160 2,580 4,300 4,300 8,600 0 3,440 1,720 30,100 Senior Engineer/Planner $165 9,900 1,980 7,920 1,980 9,900 0 6,600 660 38,940 Engineer/Planner $145 0 1,160 14,500 5,800 14,500 0 8,700 0 44,660 Administrative $140 805 315 1,610 735 1,925 0 1,085 123 6,598 Direct Cost 200 200 7,000 100 7,500
SSuubb--TToottaall $$1188,,446655 $$77,,443355 $$4400,,113300 $$1166,,441155 $$4400,,992255 $$00 $$2222,,222255 $$33,,220033 $$114488,,779988
RREECCOONN
Associate Principal $205 $5,740 $0 $3,280 $1,640 $0 $0 $24,600 $3,280 $38,540 Senior Associate $186 5,208 0 14,880 3,720 9,300 0 102,300 2,976 138,384 Analyst $142 0 0 11,360 5,680 0 0 71,000 0 88,040
Production Supervisor $120 0 0 2,880 960 0 0 14,400 0 18,240 GIS Supervisor $140 0 0 2,240 560 0 0 11,200 0 14,000
Direct Cost/Record Search 10,000 2,000 12,000
SSuubb--TToottaall $$1100,,994488 $$00 $$4444,,664400 $$1122,,556600 $$99,,330000 $$00 $$222255,,550000 $$66,,225566 $$330099,,220044 KKeeyysseerr MMaarrssttoonn AAssssoocciiaatteess
Senior Principal $280 $4,480 $0 $35,840 $4,480 $16,800 $0 $0 $0 $61,600 Senior Associate $195 0 0 29,250 0 4,680 0 0 0 33,930
Senior Analyst $160 0 0 32,480 0 3,840 0 0 0 36,320
Direct Cost 30 30
SSuubb--TToottaall $$44,,448800 $$00 $$9977,,660000 $$44,,448800 $$2255,,332200 $$00 $$00 $$00 $$113311,,888800 VVMMAA CCoommmmuunniiccaattiioonnss
Valerie Martinez, Principal $282 $282 $7,050 $0 $0 $0 $0 $0 $0 $7,332 Chelsea Dickerson, Director $149 446 22,313 0 0 0 0 0 0 22,759 Claudia Cruz, Senior Associate $110 330 33,000 0 0 0 0 0 0 33,330 Graphic Designer $113 0 5,650 0 0 0 0 0 0 5,650
Associate $56 0 16,800 0 0 0 0 0 0 16,800
Direct Cost 8,000 8,000
SSuubb--TToottaall $$11,,005588 $$8844,,881133 $$00 $$88,,000000 $$00 $$00 $$00 $$00 $$9933,,887711
DDUUDDEEKK
Principal $275 $2,200 $0 $3,300 $3,300 $1,100 $0 $0 $0 $9,900.00 Senior Engineer $230 0 0 4600 8280 920 0 0 0 13,800
Project Coordinator $145 0 0 0 580 0 0 0 0 580
Direct Cost 0
SSuubb--TToottaall $$22,,220000 $$00 $$77,,990000 $$1122,,116600 $$22,,002200 $$00 $$00 $$00 $$2244,,228800 TTOOTTAALL HHOOUURRSS $$8866,,990011 $$226677,,004433 $$330088,,333355 $$118899,,115555 $$224433,,224455 $$118899,,994400 $$226644,,996655 $$6600,,001144 $$11,,660099,,559977 TTOOTTAALLHourly
Rate
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EXHIBIT “D”
SCH
EDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all wo rk pr oducts 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.
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Revenue: Expenditure: 1007010-43570 .
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: AMENDMENT TO PROFESSIONAL S ERVICES AGREEMENT - GENERAL PLAN CHECK & OTHER RELATED ENGINEERING SERVICES (ERSC).
RECOMMENDATION
1) Appropriate $100,000 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenue by the same amount; 2) approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA in the amount of $100,000 for a total contract amount not to exceed $560,000 for general plan check and other related engineerin g services through June 30, 2022; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the General Fund. The costs associated with this professional service agreement are completely off -set by plan check fees collected from developers by the City. Therefore, the required appropriation of $100,000 from the General Fund is being augmented by the revenue received from developers for projects.
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:
· Financial Stability
· Responsible Long-Range Planning
· Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - GENERAL PLAN
CHECK & OTHER RELATED ENGINEERING SERVICES (ERSC)
PAGE 2
BACKGROUND
On June 16, 2020, the City Council approved a professional services agreement with Engineering Resources of Southern California, Inc. (ERSC) for genera l plan check services effective July 1, 2020. The term of the agreement is one -year with the option to extend two additional one-year periods, for a maximum term of three years.
The City exercised its second -year extension and entered into an agreement wi th ESRC for an amount not to exceed $400,000 for Fiscal Year 2021 -22. Subsequently, the Finance Department during its mid -year budget review, included an amendment, approved by the City Council, to increase ERSC’s contract by another $60,000 based on the a verage invoices received by staff for a total contract amount not to exceed $460,000 for Fiscal Year 2021-22.
ISSUES/ANALYSIS
The amount of plan check services rendered by ERSC over the past two months has been larger than previously anticipated due to the number of plan check requests received by City staff. Therefore, staff is proposing another amendment to the existing agreement with ERSC for an additional $100,000 to cover the costs for these services through June 30, 2022.
It should be noted, the Development Services Department collects fees from developers for plan check services to efficiently deliver development projects. The City continues to experience a high level of development and construction activity, which increases requests for this type of service. There is no direct fiscal impact to the General Fund as these costs are completely offset by the revenues collected from developers.
The amendment to this contract is consistent with our values of Financial Stability and Responsible Long-Range Planning, as ERSC is currently processing plan checks for several infrastructure projects in The Preserve, and it is important to maintain continuity in the process, and development activity this year has been higher than originally estimated. Therefore, it i s staff’s recommendation that City Council approve an amendment to the professional services agreement with Engineering Resources of Southern California, Inc. in the amount of $ 100,000 for general plan check and other related engineering services.
Attachment: Contract Amendment
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AMENDMENT NO. 4
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the C ity of Chino, a California municipal corporation (“City”) and Engineering Resources of Southern California, Inc. (“Consultant”) is effective as of the 21st day of June 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 1, 2020 ( “Agreement”) whereby Consultant agreed to provide general plan check services.
B. City and Consultant now desire to amend the Agreement to increase the compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. a. The total compensation for Consultant’s services provided for in Article 2, Section 2.1 of the Agreement is hereby increased by One Hundred Thousand Dollars ($100,000) due to an increased need for plan check services.
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid , and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have be en no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any ma terial term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
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4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the e ntering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
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:
ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC.
By:
Name: John M. Brudin
Title: President
By:
Name: Moe Ahmadi
Title: Vice President
Address: 1861 West Redlands Boulevard
Redlands, CA 92372
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Revenue: 1006300- 56350 Expenditure: 1006300- 43570
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS FOR THE
DEVELOPMENT SERVICES DEPARTMENT - BUILDING CODE SERVICES, INC.
RECOMMENDATION
Award a Professional Services Agreement to Building Code Services, Inc., Irvine, CA in the amount not to exceed $400,000 for building plan check 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 f unds are included in the Fiscal Year 2022-23 Operating Budget.
Costs associated with this agreement are offset by revenues from plan check fees charged to applicants.
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:
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS FOR THE DEVELOPMENT
SERVICES DEPARTMENT - BUILDING CODE SERVICES, INC
PAGE 2
BACKGROUND
For several years, the Development Services Department has utilized Building Code Services, Inc. (BCSi) for building plan review . The services provided include performing building plan check as needed, determining plan conformance with City codes and standards, turning around plan review comments quickly and consistently, ensuring plan corrections have been resolved and addressed s atisfactorily, and working efficiently with City staff and permit applicants. The professional services contract with BCSi expires on June 30, 2022. For this reason, staff prepared a Request for Proposals (RFP) to obtain a firm to continue these services.
On April 4, 2022, City staff solicited proposals through Planet Bid for building plan check services. The City received fifteen (15) proposals from 4Leaf; Building Code Services, Inc.; Bureau Veritas North America, Inc.; CSG Consultants; Global Builders, Inc.; Infrastructure Engineers; Interwest Consulting Group; JAS Pacific; J Lee Engineers; Scott Fazekas & Associates; The Code Group, Inc.; Transtech Engineers; TRB & Associates; True North Compliance Services, Inc. and West Coast Code Consultants. The p roposals were evaluated and ranked by a selection committee based on qualifications, past performance, responsiveness, and competitive pricing. It was determined that Building Code Services, Inc. was the highest ranked proposer.
ISSUES/ANALYSIS
BCSi has extensive knowledge of the City’s plan review process and currently provides the plan check services for existing, ongoing City projects. Staff is proposing to continue its services with BCSi to maintain consistency and the timely delivery of project plan review services.
Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32, BCSi was evaluated based on competence and professional qualifications; thus, BCSi is deemed a responsive and responsible proposer.
It is staff’s recommendation that City Council award a contract to Building Code Services, Inc. in the amount not to exceed $400,000 for building plan check and related services with a contract term of twelve months (ending on June 30, 2023) w ith the option to renew for two (2) additional one-year periods. The costs associated with this agreement will be offset through revenues from plan check fees charged to applicants.
City staff continues to incorporate good business practices, such as, Fina ncial Stability and Responsible Long -Range Planning, when entering into or amending contracts. City staff reviewed all related documents to ensure that the City’s Purchasing Ordinance was followed throughout the entire process. Therefore, it is staff’s r ecommendation to the City Council to approve the above-mentioned Development Services contract and related purchase order, and authorize the City Manager to execute all necessary documents on behalf of the City.
Attachments: BCSi Professional Services Agreement
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1 01225.0001/458446.1
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
BUILDING CODE SERVICES, INC.
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 Building Code Servic es, Inc. (“Consultant” ). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invi tation 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 described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual pr omises 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 and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and 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 cove nants 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
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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 informed 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 jur isdiction 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 l aws, 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 t o 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 the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreem ent, C ontractor 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
en alty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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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 subcontractor 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 public works proje cts. 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 applicab le 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 Cont ractor 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 employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
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(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 (commenc ing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provis ions 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 such lice nses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be impos ed by law and arise from or are necessary for the Consultant’ s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, ( 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement 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, until accept ance 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 Agreement. Both par ties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be 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 specified in t he 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 extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Counc il 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 a nticipates 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Thousand Dollars ($ 400,000.00) (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 l ump 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 Com pensation, 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 approve d 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 t he 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, Consultant 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.
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(c) Line items for all othe r appr oved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per S ection 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 the 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 State budge t 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.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform 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 a nd 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 conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023, except as otherwise provided in t he 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 th e work specified herein and make all decisions in connection therewith:
Donna Caraig President
(Name) (Title)
Geraldo Caraig Vice President
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be 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 mann er represent that Consultant or any of Consultant’ s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to re tirement, he alth care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Mike Heroux, Deputy 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 sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that rol e. Cons ultant shall not at any time or in any manner represent that it or any of its agents or employees are
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agents or employees of City . City shall not in 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 inducement f or 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, assigned, conveyed, hypothecated or 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 th e 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 unapproved t ransfer, 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 o f the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “ insured contract” language will not be accepted.
(b) A
utomobile liability insurance. 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 activities o f the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Pr o
fess ional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate . Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) S ubcontractors . Consultant shall include all s ubcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) A
dditional Insurance. Pol icies of such other insurance, as may be required 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 required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on fil e 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 A greement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) 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 replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A
cceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers i n the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E
nforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any req uirement imp oses 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 o ther 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 a ll 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. A ny available insurance proceeds in excess of the 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 t hat City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of undisclosed coverage limitations . No ne 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 t he sam e minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
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of th is sec tion. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Cons ultant 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 insuranc e, 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, employee s and agents (“ Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration 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 officers, 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 willful 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 employees f or any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, a nd employees harmless therefrom;
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(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions 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 willful misconduc t 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 extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct 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 necessary 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 complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the 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 b e given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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 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
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agrees that if Consultant becomes aware of a ny 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 Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other proj ects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assignm ent. Consult ant 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 subcontractor 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.
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(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 shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in 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 shall, w hen the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article . Any failure on the part of the City to give notice of the Consultant’ s default shall 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
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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 waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in t his Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the 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 compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a 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 Contractor 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 requir ed 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 Consult ant, except that where termination is d ue to the fault of the Consultant , the period of notice may be
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such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, 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, Consul tant shall immediately cease all servic es 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 reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the 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 provisi ons of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein sti pulated (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, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney’ s fees shall be entitled to all other reasonable costs for investigatin g such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action 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 def ault 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.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or pr incipal 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 services 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 Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or i ndirect, in this Agreement nor shall an y 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, di rectly or indirectly, interested, in viol ation 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 rac e, color, creed, religion, sex, gender, s exual 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 wi thout regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or serv ices 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, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of
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Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by 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 accor dance 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 understandi ngs, 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 inter preted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
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 financi al interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” purs uant to Government Code Sections 1091 or 1091.5. Consultant
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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, consideration, or other thing of value as a result or cons equence 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 ot her 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 unders tands that any such act(s), omission(s) or oth er 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 Agreement, such party is formally bound to the provision s 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]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
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:
BUILDING CODE SERVICES, INC.
By:
Name: Donna Caraig
Title: President
By:
Name: Geraldo Caraig
Title: Vice President
Address: 7154 W State Street, #300
Boise, ID 83714
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 IN CORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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EXHIBIT “A”
S
COPE OF SERVICES
I. C onsultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).
II. All wo rk product is subject to review and accep tance b y the City, and must be revised by the Consultant without addition al charge to the City until found satisfactory and accepted by City.
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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g Section II-B: LETTER OF TRANSMITTAL
Mr. Mike Heroux
D
eputy Director
Development Services
City of Chino, CA
Dear Mr. Heroux,
Please find our proposal in response to the City of Chino’s RFP 20226004 for on-call Plan Check Services. Our primary contact and office information is:
Donna Caraig, Principal
Building Code Services, Inc
7154 W. State St. #300
Boise, ID 83714
714.609.7867
[email protected]
W
e are a company that is comprised of highly experienced licensed and technical professionals with a proven record of excellent service in the field of code review as applied to the built environment. Representing BCSi in day to day operations will be Ms. Donna Caraig. Key technical staff serving the City will be Gerald Caraig, PE, CBO, CASp; and Ben Ellingson, ICC Certified MEP. All BCSi technical staff have municipal Building & Safety experience and are keen on development processes. Additional professional staff are available as needed to address any magnitude or complexity of work. BCSi is committed to accepting the terms and conditions in the RFP and Professional Services Agreement, including acknowledgment of receipt of all amendments and/or addenda to the RFP.
This proposal shall remain valid for a period not less than 120 days from the date of submittal.
BCSi attests that all information submitted with the proposal are true and correct.
Respectfully,
Donna Caraig
President
BCSi
EXHIBIT "A-1"
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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g Section II-C: TECHNICAL PROPOSAL
Building Code Services, Inc (formerly Building Code Solutions, Inc.) has been providing quality code reviews and exceptional customer service since 2003. For the past 19 years we have effectively partnered and established positive relational bridges with the City of Chino’s constituency and development community. During this time, BCS has reviewed close to 2,000 projects, the majority of which are major ventures. These include but are not limited to tract homes, multi-family residential development, industrial campuses, non-residential mixed-use projects, medical buildings, City of Chino Police HQ, family businesses, restaurants, places of worship, accessibility consultation, and many others. Indeed, it has been a privilege in serving the City of Chino as it continues its transformation from a dairy/agricultural community to an up-and-coming metropolis.
Our business model is founded on servitude, technical proficiency, and being solution focused. Our team’s aggregate experience is well over 100 years combined and as such we can afford code options and solutions to development issues as they arise during the review process. This is a character trait of our company that we believe is unique in the industry.
Our philosophy is not to hinder development but to facilitate it while ensuring that minimum life-safety provisions as mandated are achieved.
The BCSi team is comprised of professionals with deep municipal Building Official and Lead/Supervisory Plan Check Engineer experience. The team is very knowledgeable in development processes and work flows particularly as it relates to interagency collaboration.
BCSi solely exists as regulatory support for municipalities in need of plan review expertise-service and since inception have never provided consulting or sub-prime work to the private sector. This alleviates all potential conflict of interest.
In the past 12 months BCSi has reviewed projects enumerated above based on all required state, local, and federal mandates that include life- safety, structural, accessibility, mechanical, electrical, plumbing, green building, energy, residential, existing building, and historical building codes.
Chino Projects reviewed with highest dollar valuation within past 12 months:
In n Out – $28M
13402 Yoruba Ave, Non-residential Warehouse build out - $15M The Preserve Residential/Non-Residential build out - $31M Walmart Conveying System - $18.5M
8841 Remington Ave, Tilt-up development - $10M
BCSi nor any of its officers has never been convicted or indicted since inception for conduct unbecoming involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law; nor adjudicated for violating any provision of law relating to equal opportunity or fair employment; nor terminated of any contract for convenience or for
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g cause; nor disciplined as a Consultant by any government body or professional association.
Project References:
City of Chino
19 Years
Mike Heroux, Building Official/Deputy Director of Dev. Services 909.917.2245
[email protected]
C
ity of Whittier
7 Years
Brian Lee, AIA, Building Official (retired)
909.203.0409
City of Upland
5 Years
Matt Winter, Building Official (retired)
562.567.9330 / 909.239.1691
City of Santa Ana
2 Years
Jason Kwak, PE, CBO, CASp, Building Official
714.647.5866
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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g SECTION II – TECHNICAL PROPOSAL continued:
Understanding and Approach
1 . The City will assign plans for review on an as needed basis. Assigned plans will be reviewed for code
conformance per BCS proprietary review protocols.
The result of which will be provided via a report
coordinated and relayed to the City electronically.
2. Projects are logged in and assessed for
completeness and complexity. Log data comprise
of: Project information, dates transmitted, status of
review, City special instructions, etc.
3. The project is assigned to plan reviewers with
appropriate experience/technical proficiency.
Major projects are reviewed by a team that
comprise of Building/Structural and MEP.
4. A report is generated by each reviewing discipline
with quality control afforded depending on project
complexity. The reports are then packaged
accordingly and transmitted back to the City
electronically.
5. Resubmittals are processed in the same manner until
the project is recommended for approval.
6. Transmittals are always attached when projects are
returned with current plan review status and what
required clearances, e.g. Fire, Planning, Public
Works, are outstanding.
7. Billing is invoiced on a monthly basis.
8. Appeals, Alternate Means and Methods,
interpretations, variances, are reviewed and
findings/recommendations prepared. The Building
Official is apprised and provides direction.
9. The Plan Review team attends training on an annual
basis as a minimum via CALBO education week,
seminars, and certification studies. It is a state
mandate that a minimum number of hours be
accrued for code education to maintain proficiency
and certifications.
10. BCS has been able to accommodate all imposed
work loads in the 18 years of serving the City. Our
team can expand as needed to address fluctuating
work loads effectively while maintaining quality.
11. All telephone calls are returned by end of business day or at maximum within 24 hours.
12. BCSi has used BlueBeam Revu, Acrobat, Sharepoint,
One Drive, and other large file managing software
to review and collaborate with the City’s clients. We
are open and capable of coordinating with the
City’s e-review process as needed.
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g
SECTION III - SCOPE OF WORK
C
onsultant(s) selected shall be able to perform complete building plan reviews on a variety of single family residential, multifamily residential, commercial and industrial buildings. The Consultant may be requested to perform complete or partial reviews of projects for compliance with fire and life safety, structural, energy, green code, accessibility, electrical, mechanical and plumbing requirements in accordance with current applicable state and local codes.
All buildings in Chino are required to comply with the current Building Standards contained in California Code of Regulations, Title 24 as well as Chino Municipal Code – local amendments.
The 2019 California Codes with local amendments are currently in effect and will transition to the 2022 California Building Codes in 2023.
Nonstructural plan reviews shall be performed by certified plans examiners. Structural reviews shall be performed by (or under the supervision of) a licensed engineer. Disabled access reviews shall be performed by (or under the supervision of) a CASp certified individual.
1. Consultant responsibilities:
a. Perform building plan checks as needed;
b. Determine that the plans, as submitted, are in
conformance with the Chino Municipal Code and all
adopted codes and standards used by the City;
c. Submit clear and concise correction list to the Building Division for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City);
d. The estimated turnaround times are as follows but may be extended depending on project magnitude and
complexity:
i. Initial Check - 10 business days
ii. Recheck – 5 business days
iii. Plan Change – 5 business days
iv. Single Family Dwellings – 10 business days
v. Apartments – 10 business days
vi. Tenant Improvements – 10 business days
vii. Commercial/Industrial projects – 10 business days
e. e. Respond to telephone inquiries from City staff and permit applicants regarding review comments
f. Perform recheck reviews on projects to ensure plan
corrections have been resolved satisfactorily.
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P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g g. g. Stamp plans “approved” for compliance with
applicable codes
h. Provide independent courier service to pick up and return plans to the City from Consultant’s office at least one time per week.
i. The City requires Consultant to provide the following minimum review turnaround timeframes (or better) in order to maintain the desired customer service level:
New Single-Family or Multi-Family Dwellings:
1 st review = 15 working days
2nd review = 10 working days
3rd or more = 5 working days
New Commercial/Industrial:
1st review = 15 working days
2nd review = 10 working days
3rd or more = 5 working days
Tenant Improvements:
1st review = 10 working days
Subsequent rechecks = 5 working days
Residential Addition/Alterations:
1st review = 10 working days
Subsequent rechecks = 5 working days
2. City Obligations:
a. Upon initial receipt of a request for plan check from project applicant/designer, City shall perform a preliminary review of the plans to ensure that complete plan packages per the applicable City submittal checklist are submitted before forwarding them to the Consultant.
b. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to assign plans for checking to Consultant, to perform plan checks with its own staff, or to assign plans for checking to another consulting firm.
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EXHIBIT “B”
S
PECIAL REQUIREMENTS
(Supe rseding Contract Boilerplate)
N
o Special Requirements.
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EXHIBIT “C”
S
CHEDULE OF COMPENSATION
I. Co nsu ltant shall be compensated for the services provided under this 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.
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B U I L D I N G C O D E S E R V I C E S , I n c
P a r t n e r i n g , c o l l a b o r a t i n g , s e r v i n g SEALED FEE PROPOSAL: RFP# 20226004 BUILDING PLAN CHECK
SERVICES
Emailed to [email protected]
F
ee for services is $85/hour for providing plan check services, including preliminary plan checks, rechecks, revisions, partial plan checks, repetitive buildings and pick-up and delivery of plans. This fee is for all disciplines and inclusive of:
Initial plan review
Plan review fee for repetitive track homes
Recheck #1
Recheck #2
Recheck #3
Plan pickup and delivery Charge (if any)
Other project related activities such as project meetings, consultations, coordination, processing, and the like.
EXHIBIT "C-1"
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EXHIBIT “D”
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CHEDULE OF PERFORMANCE
I. C onsultant shall perform all services and deliver all wo rk products timely per direction from the Project Manager.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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Revenue: Expenditure: 3207120-43580
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JUNE 21, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD OF CONTRACT - CITYWIDE TRAFFIC SIGNAL MAINTENANCE SERVICES.
RECOMMENDATION
1) Award a contract to Yunex, LLC., Riverside, CA in the amount not to exceed $1,400,000 for routine preventative maintenance and extraordinary repair work to the traffic signal system; 2) authorize option to extend for an additional four (4) consecutive one (1) year extensions to a maximum of five (5) total years; and 3) authorize the Interim City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Traffic Control Operating Budget.
Funds are contingent on the Fiscal Year 2022-23 Budget Adoption.
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
· Financial Stability
· Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: JUNE 21, 2022
SUBJECT: AWARD OF CONTRACT - CITYWIDE TRAFFIC SIGNAL MAINTENANCE
SERVICES
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BACKGROUND
The City’s traffic signal system includes one hundred and thirty (130) traffic signals, one hundred and twenty -eight (128) battery back -up systems, thirteen (13) radar speed feedback signs, three (3) flashing beacon locations, four (4) lighted crosswalk systems, and eleven (11) communication cabinet systems. These devices, equipment, and systems help staff provide safe and effective traffic flow citywide. To maintain the growing traffic signal s ystem effectively, a team of qualified, well -equipped professionals is necessary to ensure proper operation contributing to a positive city image. Chino maintains public service excellence relying on external partnerships to perform these duties through re newable agreements with high -quality private firms. The City’s existing traffic signal maintenance agreement ending June 30, 2022 has been extended the maximum number of times allowable per the contract; therefore, a new agreement is necessary. Specificat ions were advertised on PlanetBids, the City’s online procurement website on March 29, 2022 and a notice was also advertised in the Chino Champion newspaper on April 2, 2022 and April 16, 2022. On Thursday, April 28, 2022 at 10:00 a.m., one (1) bid was received and opened.
ISSUES/ANALYSIS
The sole and apparent low bidder, Yunex, LLC., Riverside, CA, is properly licensed and is deemed to be a responsive and responsible bidder. Previously, this maintenance contract was recommended after using performance e valuation criteria to select the best qualified firm. As this contract includes construction activities related to repairing the traffic signal system, the public contracting code requires government agencies to select the lowest responsive and responsible bidder. As a publicly bid contract, staff ensured the request for bids included a detailed and exhaustive list of bid items for unit pricing. This made the request for bidding significantly more complex, which staff believes was a strong reason for the si ngle bid received.
The bid schedule was used to set contract pricing for each bid item and was intended to help establish the lowest responsive and responsible bidder. The unit pricing for each bid item provided by the sole bidder was reviewed by staff and found to be reasonable and consistent with current market values and staff's understanding of past pricing. Actual quantities of bid items used throughout each year will depend on actual needed services and will be largely dependent on actual repairs needed varying year to year.
Yunex, LLC., currently provides traffic signal maintenance services in the City of Chino under their previous name, Siemens. Award of this contract to Yunex, LLC., will allow the City to seamlessly maintain the superior customer s ervice while our traffic signal system continues to grow. Yunex, LLC., has demonstrated a strong commitment to public safety, uses advanced technology in its work, and maintains a highly skilled workforce in partnership with the City for over ten (10) years.
Preventative maintenance visits will occur monthly for all locations, devices, and equipment except for communication cabinets away from traffic signal locations which will occur every three (3) months. Extraordinary repairs include damage to the traff ic signal system caused by
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SUBJECT: AWARD OF CONTRACT - CITYWIDE TRAFFIC SIGNAL MAINTENANCE
SERVICES
PAGE 3
incidents, wear and tear, and exposure to the elements.
Staff is recommending that City Council award a contract to Yunex, LLC., Riverside, CA, in the amount not to exceed $1,400,000. This amount includes $145,996 for routine pr eventative maintenance services and $1,254,004 for extraordinary repair services of the traffic signal system for a one (1) year period starting July 1, 2022. The contract includes the option to extend for additional four (4) consecutive one (1) year exten sions for a maximum of five (5) total years to help ensure financial stability through reasonable pricing over the term of the contract.
Attachments: Agreement for Services - Yunex, LLC
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Project Name/No.: Citywide Traffic Signal Contract No.: _____________ Maintenance Services
Project Manager: Victor Ling Approved: 06.21.2022 #
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
YUNEX, LLC
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1st day of July, 2022 (“Effective Date”) by and between the City of Chino , a California municipal corporation ( “City”) and Yunex, LLC. , Riverside, CA ( “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 described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises 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 and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” o r “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, competent, and 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
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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 phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having j urisdiction 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 appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is 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) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agree ment, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
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(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailin g wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public 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 a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Con tractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n 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) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to
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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including 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 work ers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such lic enses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the 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
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Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreemen t 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, until accep tance 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 Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be 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 specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion 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 shal l 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed One Million Four Hundred Thousand Dollars and Zero Cents ($1,400,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor ex penses 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 Agreem ent, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include all backup documentation as necessary.
(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 pro perly charg ed to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the pre vailing 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 li st of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with th e provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) d ays of rece ipt 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 fu nding for this Agreement may be contingent upon State bud get approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform 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 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of a ny delays d ue 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, quarantin e restricti ons, 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 Manag er’s determination shall be final and conclusi ve upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s so le remedy b eing 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 i n the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to four (4) additional one (1) year terms at the option of the City if the City is satisfied wi th the quality of s ervices performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representativ es of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Steve Teal Director, Service
(Name) (Title)
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Anchal Bansal Commercial Manager, Service (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all t imes be under the e xclusive 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, a ssigned to perform the services required under this Agreement.
Consultant shall noti fy City of any changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City 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 ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Ci ty. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Victor Ling , Assis tant Engineer, or any ot her person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which mu st be made by City to the Project Manager.
Unless otherwise specified herein, any approval of City required hereunder shall mea n the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employee s shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the select ion, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
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their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City a nd shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are 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 oth erwise or a joint venturer or a member of any joint enterprise with Consultant.