Agenda packet, first session — Chino City Council, July 19, 2022 (part 3 of 3)

01225.0005/774497.5

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Angela Robles, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 19th day of July 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

ANGELA ROBLES, CITY CLERK

11.16.a
Adoption of Ordinance No. 2022-010 (Zoning Ordinance
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Revenue: Expenditure:

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M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: ADOPT ORDINANCE NO. 2022 -012, CATALYTIC CONVERTERS (SECOND READING).

RECOMMENDATION
Adopt Ordinance No. 2022-012 on second reading, establishing regulations prohibiting the unlawful possession of catalytic converters.

FISCAL IMPACT
There is no fiscal impact.

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

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

11.17 CONSENT CALENDAR
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: ADOPT ORDINANCE NO. 2022-012, CATALYTIC CONVERTERS (SECOND

READING)
PAGE 2

BACKGROUND
This matter was introduced to the City Council and approved at the July 5, 2022 regular City Council meeting. Ordinance No. 2022-012 adds Section 9.89 to the Chino Municipal Code and focuses on regulations and enforcement measures pertaining to unlawful catalytic converter possession. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2022-012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADDING SECTION 9.89 OF THE CHINO MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY

Attachment: Ordinance No. 2022-012

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ORDINANCE NO. 2022-012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ADDING SECTION 9.89 OF THE CHINO

MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC

CONVERTERS IN THE CITY

WHEREAS, the citizens of the City of Chino have been plagued with hundreds of catalytic converter thefts from automobiles over the past several years; and

WHEREAS, catalytic converter thefts increased 500% from 2019 to 2021, with a total over 500 since January 2021; and

WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Chino to define and punish catalytic converter thefts absent an identifiable victim; and

WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Chino to define and punish the recycling or sale of unlawfully obtained catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and

WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Chino requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim present; and

WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and

WHEREAS, finding a victim of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts and catalytic converters being untrace able to link back to a victim (no identifying markers on the catalytic converters); and

WHEREAS, due to lack of legislation defining and prosecuting these thefts, 9 7% of all catalytic converter theft cases in the City of Chino have gone unsolved, which is fundamentally unacceptable for the citizens of the City of Chino; and

WHEREAS, the citizens of Chino and the Chino Police Department are in need of legislation for multiple reasons including, but not limited to: (1) deterrence by establishing zero- tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converters whose cases will go unsolved, (5) reducing Part I crime statistics which have been substantially negatively impacted by catalytic converter thefts, and (6) minimizing the fiscal and personnel impact on the City of Chino invested in deterring and investigating catalytic converter thefts; and

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Catalytic Converter Ordinance
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WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and

WHEREAS, this Ordinance is necessary to provide the City of Chino Police Department clearly established legal authority to protect the public and deter this criminal activity.

NOW, THEREFORE, the City Council of the City of Chino DOES HEREBY ORDAIN as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. Section 9.89 is hereby added as a new section to the Chino Municipal Code to read in its entirety as follows:

“9.89.10 Unlawful Possession of a Catalytic Converter.

A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.

B. For purposes of this section, “lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is n ot required to prove the ca talytic converter was stolen to establish the possession is not a “ lawful possession.”

C. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner with photographs, documentation from an auto- body shop proving the owner relinquished the catalytic converter to the auto- body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic con verter originated, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of documentation or other proof is based on the totality of the circumstances.

D. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Chino Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

E. Each and every violation of this section may , in the discretion of the District Attorney or City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $500 or imp risonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment.

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F. The remedies provided herein are not to be construed as exclusive remedies.

The City is authorized to pursue any proceedings or remedies provided by law.”

SECTION 3 . This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided by law.

ADOPTED THIS 19TH DAY OF JULY 2022.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

ANGELA ROBLES, CITY CLERK

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Catalytic Converter Ordinance
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Angela Robles, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 19 th day of July 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

ANGELA ROBLES, CITY CLERK

11.17.a
Catalytic Converter Ordinance
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Revenue: 33082201-59500-G8521 ($4,502); 33081204-59500-G8580 ($10,456); 33082104-59500-G8589 ($5,000); 33081204-59500-G8XXX ($160,000); 33082405-59500-G8584 ($2,650) Expenditure: 33082201-40010-G8521 ($4,502); 33081204-40010-G8580 ($10,456); 33082104-40010-G8589 ($5,000); 33081204-40010-G8XXX ($160,000); 33082405-40010-G8584 ($2,650)

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M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: MASTER CONTRACTS - CHINO VALLEY UNIFIED SCHOOL DISTRICT.

RECOMMENDATION
1) Approve the Master Contracts with the Chino Valley Unified School District for the amounts of $390,000 for HOPE (Exhibit 1); $71,000 for Tobacco Use Prevention Education (TUPE) (Exhibit 2); $40,000 for ARP I (Exhibit 3); $1,350,613.29 for ASES (RAAP/SOAR) (Exhibit 4); $85,350 for TYKES (Exhibit 5); $85,000 for McKinney-Vento Case Management and Counseling (Exhibit 6); $91,121 for School-Based Counseling (Exhibit 7); and $160,000 for ARP II (Exhibit 8) for the provision of Community Services programs for FY 2022 -23, 2) appropriate an additional $182,608 from the unappropriated reserves of the Community Services Fund, 3) increase the revenue budget of the Community Services Fund by $182,608, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $182,608 from the unappropriated reserves of the Community Services Fund with a corresponding increase of $182,608 to the revenue budget of the Community Services Fund.

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

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

12.18 NEW BUSINESS
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: MASTER CONTRACTS - CHINO VALLEY UNIFIED SCHOOL DISTRICT PAGE 2

BACKGROUND
For several years, the City of Chino has partnered with the Chino Valley Unified School District (District). Through this partnership, the City and District work together to provide a variety of programs and services benefiting youth in the community. These programs include counseling, case management, resource centers, intervention and prevention programming, after school programs, and programs for parents of preschool children.

ISSUES/ANALYSIS
In order to facilitate efficient coordination and implementation of services, the District enters into a contract with the City to provide the services outlined in the Master Contracts (Exhibits 1 -8).

Once services are rendered, the City bills the District and the District reimburses the City for those services. Each of the grants have been included and approved in the Fiscal Year 2022 - 2023 budget, except for the ARP II grant. The Master Contracts were approved by the Chino Valley Unified School District’s Board at their June 16, 2022 meeting. Some of the grants were approved for more than what was budgeted and will require an additional appropriation, those include: TUPE $10,456; ARP I $5,000; SOAR $4,502; and TYKES $2,650. Furthermore, the District received additional funding through the ARP II Grant to help supplement services for homeless students and their families. This will allow the program to add an additional Case Manager I and an Outreach Specialist to help provide services and conduct program outreach throughout the community. The ARP II grant was not included in the budget and will require an appropriation of $160,000. These additions will require an additional appropriation of $182,608 to the Community Services expense and revenue budgets.

Attachments: Master Contracts - Exhibits 1-8

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Revenue: Expenditure: 3408300-48004-PK181.

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M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: CONTRACT AMENDMENT - RHA LANDSCAPE ARCHITE CTS-PLANNERS, INC..

RECOMMENDATION
1) Approve a contract amendment to RHA Landscape Architects -Planners, Inc., Riverside, CA, in the amount of $94,750 for Landscape Architectural Services for a total contract amount of $1,191,040; 2) extend the term of the agreement through June 30, 2023; 3) appropriate $94,750 from the unappropriated reserves from the Park Fund and increase the Ayala Park Improvements project PK181 budget to $ 3,155,520; 4) increase the vendor cap for RHA Landscape Architects-Planners, Inc. by $94,750 for a total not-to-exceed amount of $1,191,040; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $ 94,750 from the unappropriated reserves of the Park Fund. There are sufficient funds available.

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:
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships

12.19 NEW BUSINESS
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: CONTRACT AMENDMENT - RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

PAGE 2

BACKGROUND
In January 2020, the City a warded a contract to RHA Landscape Architects -Planners, Inc. (RHA) for on -call landscape architectural services for design services of City park and facility sites. Staff requested additional design and construction management services from RHA Landscape Architects-Planners, Inc. On June 22, 2022, staff received a proposal for Ayala Park Improvements Phase 1A and for Phase 1B projects.

ISSUES/ANALYSIS
Additional design services for the Ayala Park Improvements Project -Phase 1A North Parking Lot, Picnic Pav ilion, and Accessibility Project, includes additional construction management services. During the construction period, City staff has encountered substandard construction work completed by the project contractor. Staff has requested additional constructi on management services, including additional onsite construction meetings, inspection services, and review of the as -built grading and elevation survey (completed by a neutral surveyor hired by the City due to discrepancies between the contractor and the City’s consultant).

Ayala Park Improvements Project -Phase 1B consists of four projects, including the Ayala Park Operation Center (APOC), Multi -Use Trail, and the Path -of-Travel Accessibility Improvement projects, and the Softball Fields 1-4 Replacements project. Additional design services for these projects include a hydrology study, a Water Quality Management Plan, geotechnical services, construction details, grading, drainage, irrigation, and structural engineering services (specifically for the ballfield backstops).

The total cost for design services is $94,750. The current contract amount awarded to RHA Landscape Architects -Planners, Inc., for landscape architectural services totals $1,096,290.

The requested increase of $94,750 will bring the tota l contract amount for RHA Landscape Architects-Planners, Inc. to $1,191,040. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor.

Attachment:

RHA Landscape Architects-Planners, Inc.-Contract Amendment No. 10 RHA Landscape Architects-Planners, Inc. - Proposal (Authorization No. 7)

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6800 INDIANA AVENUE, SU ITE 245, RIVERSIDE CALIFORNIA 92506 (951) 781-1930 L I C E N S E # 2 7 9 9 F A X ( 9 5 1 ) 6 8 6 - 8 0 9 1

A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K

TO: Date:

Project:

RHA Project No.

Authorization No.

Dear Carolyn,
R H A L a n d s c a p e A r c h i t e c t s ‐ P l a n n e r s , I n c . h a s d e v e l o p e d t h e f o l l owing scope of services and fee schedule for services required on the Ayala Park Phase 1A (North Parking Lot Improvements) and Phase 1B project. These services are being provided to you in addition to the original contract at your request.

SCOPE OF SERVICES
Phase 1A (North Parking Lot)

1. Construction Assistance (DBA)
DBA has provided and will continue to provide construction assistance for the above reference project.

A significant amount of time has already been dedicated to this task that was outside of the original contract. These tasks have included additional construction meeting attendance (approx. 20hrs), additional meeting attendance with City personnel (approx. 8hrs), and coordination with and review of as‐built survey as it relates to the approved plans (16hrs). This task also includes an additional 30hrs of time for future needs.

2. Construction Assistance (RHA)
RHA has provided and will continue to provide construction assistance for the above reference project.

The original contract amount has now been exceeded due to additional construction meeting attendance, additional meeting attendance with City personnel, and review of construction issues that have arisen due to the performance of the contractor (approx. 5hrs). This task also includes an additional 30hrs of time for future needs.

Phase 1B

3. Hydrology Study
David Beckwith & Associates (DBA) will prepare one (1) hydrology report in compliance with the San Bernardino County Hydrology Manual, dated August 1986. The hydrologic calculations will be completed utilizing Bonadamins “CivilD – San Bernardino County Rational Method/Unit Hydrograph” computer program to determine the pre and post construction stormwater conditions. The report will document existing and proposed drainage patterns and systems. Includes hydrology map, hydrologic calculations, and a written narrative of the project, its impacts, and how they are mitigated. Task does not include the analysis of off‐site flows.

Carolyn Baltzer
City of Chino
13220 Central Avenue
Chino, CA 91708
June 22, 2022
Ayala Park
Phase 1A & 1B
20101.3
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Ayala Park Phase 1A & 1B June 22, 2022
Carolyn Baltzer Page 2 of 3

RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

4. Water Quality Management Plan/Low Impact Development (WQMP/LID) DBA will prepare the WQMP/LID documents in conformance with the requirements and conditions for Low Impact Development (LID) improvements that are compliant with NPDES Order R8‐2010‐0036 and NPDES No CAS 618036 for the County of San Bernardino and Incorporated Cities of San Bernardino.

The WQMP/LID shall analyze prescribe structural and non‐structural Best Management Practices (BMPs) in compliance with LID standards. Treatment control BMPs, shall be appropriately sized to meet minimum flow rate/volume mitigation design requirements of the local municipal agency.

5. Design Phase Project Coordination and Meetings
RHA and DBA will provide design phase project coordination, such as meeting attendance with the city.

6. Construction Assistance (DBA)
DBA will provide points of clarification and response to requests from the selected Contractor relative to the construction of the site improvements. In the event that field conditions and design conditions require revisions to the original project design, said design modifications (if any) shall be documented and provided as delta revisions to the drawings as required and issued to the field.

7. Grading and Drainage Plans (DBA)
DBA will prepare one (1) set of revised precise grading and drainage plans for the Phase 1B multi‐use trail head located at the intersection of Central Avenue and Edison Avenue. Plans will include a new plan sheet for this area of work per the layout approved by the city. This also includes the redesign and incorporation into the plans the 12th Street and Edison Trail intersection that was not constructed per Phase 1A of the project.

8. Demolition Plans
RHA will prepare additional demolition plans for the ballfield backstops, bullpens, and replacing the entire ballfield plaza. This will also include the new multi‐use trail alignment at the corner of Central Avenue and Edison Avenue.

9. Construction Plans and Details
RHA will prepare additional construction plans and details for the ballfield backstops, bullpens, and replacing the entire ballfield plaza. This will also include the new multi‐use trail alignment at the corner of Central Avenue and Edison Avenue.

10. Irrigation Plans and Details
RHA will prepare additional irrigation plans for the areas around the ballfield bullpens and the curvilinear walkway at the APOC. This will also include the new multi‐use trail alignment at the corner of Central Avenue and Edison Avenue.

11. Geotechnical Investigation and Report
Converse Consultants will prepare a geotechnical investigation and report for:
 New concrete, backstops, and shade structure at the ballfield area.  New asphalt and concrete paving at the northeast parking lot. 
New asphalt and concrete paving at the west parking lot.

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RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

12. Geotechnical Testing during construction
Converse Consultants will perform geotechnical testing and prepare reports during construction of Ayala Park Phase 1B.

13. Structural Engineering
KNA Structural Engineers will prepare structural drawings and calculations for the new backstops.

FEE
Phase 1A (North Parking Lot)

1. C o n s t r u c t i o n A s s i s t a n c e ( D B A ) $13,500

2. C o n s t r u c t i o n A s s i s t a n c e ( R H A ) $ 6 , 0 0 0 Phase 1B

3. H y d r o l o g y S t u d y $ 5 , 0 0 0

4. Water Quality Management Plan/Low Impact Development (WQMP/LID) $7,000

5. Design Phase Project Coordination and Meetings $9,000

6. C o n s t r u c t i o n A s s i s t a n c e ( D B A ) $10,000

7. G r a d i n g a n d D r a i n a g e P l a n s $ 4 , 0 0 0

8. D e m o l i t i o n P l a n s $ 4 , 2 0 0

9. C o n s t r u c t i o n P l a n s a n d D e t a i l s $ 8 , 4 0 0

10. I r r i g a t i o n P l a n s a n d D e t a i l s $ 6 , 8 0 0

11. G e o t e c h n i c a l I n v e s t i g a t i o n a n d R e p o r t $ 9 , 8 5 0

12. G e o t e c h n i c a l T e s t i n g d u r i n g c o n s t r u c t i o n $ 8 , 0 0 0

13. S t r u c t u r a l E n g i n e e r i n g $ 3 , 0 0 0

T O T A L : $94,750

This additional work authorization is an addendum to the existi ng contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Arc hitects‐Planners, Inc. A PDF version via email is sufficient.

Cordially, Authorized by:

RHA Landscape Architects‐Planners, Inc. City of Chino

Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President

Date: _______________________________

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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

AMENDMENT NO. 10

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEME NT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. (“Consultant”) is effective as of the 5th day of July, 2022.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated January 7, 2020 (“Agreement”) whereby Consultant agreed to provide architectural services.

B. City and Consultant entered into Amendment No. 1 dated May 5, 2020, to increase the not-to-exceed amount by $93,120.00 to equal a total of $343,120.00 and amend the Scope of Services to add additional tasks to the Ayala Park Northwest Parking lot and walkway to field 5 & 6 Project.

C. City and Consultant entered into Amendment No. 2 dated July 7, 2020 , to increase the not-to-exceed amount by $192,125.00 to equal a total of $535,245.00 a nd amend the Scope o f Services to add additional tasks to the Monte Vista Park Public Right-of-Way Improvements Project and Central & Phillips Park Site Development Project.

D. City and Consultant entered into Amendment No. 3 dated July 21, 2020, to increase the not-to-exceed amount by $397,290.00 to equal a total of $932,535.00 a nd amend the Scope of Services to add additional tasks to the Ayala Park Improvements Project – Phase 1B, City Hall Improvements Project and the Senior Center & Library Improvements Project-Phase II.

E. City and Consultant entered into Amendment No. 4 dated October 20, 2020, to increase the not -to-exceed amount by $8,000.00 to equal a total of $940,535.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

F. City and Consultant entered into Amendment No. 5 dated October 21, 2020, to amend the Agreement to revise Exhibit B to incorporate mandatory flow-down provisions for projects under this Agreement that are funded partially or fully under a U.S. Government grant and to extend Agreement term.

G. City and Consultant entered into Amendment No. 6 dated May 18, 2021, to increase the not-to-exceed amount by $81,600.00 to equal a total of $1,022,135.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

H. City and Consultant entered into Amendment No. 7 dated October 1, 2021, to increase the not-to-exceed amount by $45,950.00 to equal a total of $1,068,085.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

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I. City and Consultant entered into Amendment No. 8 dated October 19, 2021, to amend the Agreement to increase the not-to-exceed amount by $28,205.00 to equal a total of $1,096,290.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

J. City and Consultant entered into Amendment No. 9 dated January 27, 2022, to amend the Agreement to extend Agreement term through June 30, 2022.

K. City and Consultant now desire to amend the Agreement to extend Agreement term through June 30, 2023 , increase the not -to-exceed amount by $94,750 .00 to equal a total of $1,191,040.00 and amend the Scope of Services to add a dditional tasks to the Ayala Park Improvements Project – Phase 1A and 1B. All other terms and conditions remain unchanged.

TERMS

1. Contract Changes. The Agreement is amended as provided herein.

Section 3.4 Term, is hereby revised to read in its entirety as follows:

(a) “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 J une 30, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”).”
(b) The Scope of Services, at Exhibit “A” shall be amended to add the additional t asks for Consultant to conduct additional architectural services for the Ayala Park Improvements Project – Phase 1A and 1B in Exhibit “A” to this Amendment.
(c) Delete Section 2.1 Contract Sum. of ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT in its entirety and replace with the following:
“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 One Million One Hundred Ninety-One Thousand Forty Dollars and Zero Cents ($1,191,040.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”

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 Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with

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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 stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

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 provisi ons of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHER EOF, 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 Linda Reich, Director of Community Services

CONSULTANT:

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

By:

Name:

Title:

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 INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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Revenue: Expenditure: 3227190 - 40010 - TR212

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: PROFESSIONAL SERVICES AGREEMENT - DESIGN THE TRAFFIC SIGN AL AT MONTE VISTA AVENUE AND WALNUT AVENUE.

RECOMMENDATION
1) Appropriate $50,000.00 from the Transportation Fund (320), with a corresponding year end transfer from the General Fund (100); 2) increase the project budget of No. TR212 by $50,000 to a revised amount of $100,000; 3) award a Professional Services Agreement to Mark III Consultants, Inc., Irvine CA, in the amount of $91,770 for the traffic signal design at Monte Vista Avenue and Walnut Avenue, the fiber optic communications, and related services; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation of $50,000.00 from the Transportation Fund (320), with a corresponding year end backfill from the General Fund (100). Increase the project budget by $50,000 to a revised amount of $100,000, for Project No. TR212.

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

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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - DESIGN THE TRAFFIC SIGNAL AT

MONTE VISTA AVENUE AND WALNUT AVENUE
PAGE 2

BACKGROUND
The intersection of Monte Vista Avenue and Walnut Avenue is currently controlled by stop signs in all four directions. The intersection is about 2,000 feet east of Ramona Junior High School and is surrounded by residential neighborhoods. Monte Vista Avenue is a 2-lane primary arterial street with on-street parking and Class II bike lanes. It has freeway access to both State Routes 60 and 71 providing an important north -south corridor in the western part of Chino. Walnut Avenue is an east-west 2-lane secondary arterial street with on-street parking that parallels SR- 60 in the northern part of Chino. Staff has received numerous traffic concerns related to traffic congestion, traffic safety, and pedestrian crossing safety at the subject intersection.

In providing superio r customer service, staff responded to resident concerns by conducting a traffic study of the intersection. It was discovered that having a traffic signal would meet multiple warrant requirements found in the California Manual on Uniform Traffic Control De vices (CA- MUTCD) for control by a traffic signal. With multiple traffic signal warrant requirements met and with the concurrence of the Traffic Advisory Committee, it is believed a new traffic signal will help increase traffic safety and improve traffic fl ow resulting in a positive effect on the city’s public image.

The intersection is surrounded by established residential properties. The installation of a traffic signal at this location will involve significant modifications to the intersection to meet tra ffic signal and pedestrian accessibility requirements. To design and identify all impacts of constructing a new traffic signal at this intersection, a qualified and creative engineering design firm well versed in similar public improvement designs is needed to assist staff with the project.

ISSUES/ANALYSIS
On January 14, 2022, the City sent out a request for proposals to three (3) qualified engineering firms for design services of the traffic signal at Monte Vista Avenue and Walnut Avenue. On February 17, 2022, staff received a response from Stantec that they were not going to submit a proposal due to their ongoing commitments. On February 18, 2022, staff also received a response from Iteris that they were not going to submit a proposal due to their ongoing commitments. On February 16, 2022, staff received the only proposal from Mark III Consultants.

Mark III Consultants Inc. has extensive knowledge in right -of-way, traffic signal, and fiber optic communications designs and has demonstrated to staff their abi lity to accomplish the project design goals.

The consultant will work with staff to develop preliminary design plans for the project. Staff will then meet with the community in the area to present the preliminary plans, discuss the importance of the propos ed project, and address questions and concerns they have prior to completing the final design. After the design is finalized, a cost estimate will be prepared and funding for the construction of the traffic signal system, including any right -of-way, will b e brought back to the City Council for final consideration to move forward with the project.

Therefore, it is staff’s recommendation that the City Council award a contract to Mark III Consultants Inc. in the amount not-to-exceed $91,770 for engineering related design services of the traffic signal at Monte Vista Avenue and Walnut Avenue and fiber optic communications.

Attachments: Professional Services Agreement - Project No. TR212

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February 16, 2022

Mr. Mario Flores
Associate Engineer
City of Chino
13220 Central Avenue
Chino, CA 91710

Re: Proposal for Design Services for Traffic Signal at Monte Vi sta at Walnut Avenue and Fiber Optic Communications

Dear Mr. Flores:

On behalf of Mark III Consultants, I am grateful and excited fo r the opportunity to provide engineering services for the traffic signal design of Monte Vista and Walnu t Avenues in the City of Chino. We are proposing an “à la carte” of engineering services for the City to determine which best fits the project schedule and budget.

Scope of Services
Under the guidance and partnership with the City of Chino, the organizational chart of personnel will provide an open channel of communication for the timely complet ion of this project to the satisfaction of the City. Based upon our preliminary field review, please find below our proposed scope of services.

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2 Task 1: Project Management and Meetings
Mark III Consultants will conduct monthly meetings including a kick-off meeting, with provided meeting agendas and meeting minutes. This task also includes preparing monthly invoices.

We can prepare presentation materials as requested by the City for meetings with City officials.

DELIVERABLES:
 Meeting agendas and meeting minutes
 Project schedule
 Presentation material
 Invoices
Task 2: Plans, Specifications, and Estimates

2.1: Data Collection
We would like to request if the City could please provide the following information:
 Record drawings of existing or master communication plans, uti lity improvements at project location
 City of Chino Design Standards and Guidelines
 City of Chino AutoCAD title sheet and border

2.2: Utility Coordination
We will conduct coordination with utility facilities located within the limits of the project to identify possible conflicts and incorporate them. A utility log will be prepared to keep organized records of coordination efforts made. Utility potholing services can be provided as opt ional services for determining the placement of the traffic signal poles.

DELIVERABLES:
 Utility coordination log
 Utility information from utility companies
 Pothole exhibit (Optional services)

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3 The field survey will include:
 Organized and standardized field notes that are clear and have a consistent methodology when documenting existing conditions and measurements
 Digital photos, labeled with appropriate description of conten ts DELIVERABLES:
 Field review notes and measurements
 Field review photos

2.4 Design and Construction Bid Document Package Design Plans Prepared plans will be plotted on 24x36-inch bond paper.

Plan sets will include the following:
 City of Chino Capital Improvement Project (CIP) Title Sheet  Traffic Signal Plans, including proposed signing/striping and communication (up to 6 sheets at 1” = 20’ and 1” = 40’ scales)
 Construction Details, including standard curb ramp details (up to 2 sheets; 1:5 scale) Proposed engineering designs shall meet or exceed Federal, Stat e, and City standards and specifications.

A topographic survey will be completed by our subconsultant to show existing conditions of the project intersection, establish existing right-of-way (ROW) boundaries, and to provide a base for the design of the proposed street improvements. The survey is to provide pert inent information and location of existing surface utilities, trees, utility poles, luminaries, f encing, walls, sidewalks, hardscape, signs, edge of pavement lying within ramp and bus stop locations, along with topographic features such as lip of gutter, flow line, top of curb and back of walk elevations. The survey will also extend 25 feet beyond each ramp’s beginning and end of curb returns (BCR, ECR).

All plans will be prepared in AutoCAD (.DWG files). Plans will be submitted for review at the 60%, 80%, and 100% milestones.

The City will provide further instructions before the first submittal. Once plans have been reviewed and comments have been provided at each submittal, we will maintain a comment matrix log to document all comments and the appropriate action.

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4 Proposed curb ramps can be provided as 3D renderings

Specifications/Special Provisions
We will develop technical specifications as Special Provisions in conformance with American Public Works Association (APWA) “Green Book” format and provide copies of required permits, reference standard plans, and materials to be inserted into the City’s co ntract bid documents. The “boilerplate” template provided by the City will be utilized and edited to me et the needs of the project scope. Every contract item of work will be fully specified, including unit of measurement and payment clause if “Green Book” requirements do not fully describe the required work or comply with City standards. The comment matrix previously mentioned will be utilized to document commen ts and resolutions made regarding these special provisions.

Quantities and Cost Estimates
Information and justification of bid item unit price will be pr ovided prior to final plan approval, including any quotes obtained from relevant vendors. Cost estimates provi ded at each submittal will include quantities of items, unit prices, and item installation. The unit costs and quantities will reflect the current and updated costs for equipment, delivery, and labor for instal lation. The comment matrix previously mentioned will be utilized to document comments and resolutions made regarding these quantities and cost estimates.

DELIVERABLES:
 60%, 80%, 100% Plans, Specifications/Special Provisions, and E stimates (PS&E) Submittal  60%, 80%, 100% Plans in PDF format
 60%, 80%, 100% Specifications/Special Provisions in Word and P DF format  60%, 80%, 100% Quantities and Cost Estimates in Excel (.xlsx) and PDF format  Comment Matrix Log in Excel (.xlsx) format
 Submit in hard copy and PDF format once signed, stamped, and a pproved

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5 Value-Added Task
To provide a true turnkey project for the City, we will include the service of calculating timing parameters for the new traffic signal for: minimum green times; calculations for bicycle and pedestrian timing; along with vehicle and pedestrian clearance times.

Optional Tasks
CEQA Notice of Exemption (Optional Task)
If deemed necessary, Mark III Consultants will prepare a Draft Notice of Exemption (NOE) as required by the California Environmental Quality Act (CEQA) Statutes and Guidelines.

DELIVERABLES:
 Draft CEQA Notice of Exemption (NOE)
 Final CEQA Notice of Exemption (NOE) that incorporates comment s from the City

Construction Engineering Support (Optional Task)
We can provide construction support with the anticipated tasks below:
 Attend pre-construction meetings
 Attend field meetings as necessary
 Assist in reviewing contractor submittals for compliance  Provide engineering assistance for Request for Information (RF I)  Provide engineering assistance for Change Order(s)
 Provide engineering assistance in reviewing the Optical Time D omain Reflectometer (OTDR) test results for fiber installations

System Integration (Optional Task)
This additional service will provide the City our engineering a nd field assistance to troubleshoot, program, test, and install equipment for their intended operation.

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Project Name/No.: Traffic Signal & Communication Contract No.: ______________ Design for Monte Vista Ave &
Walnut Ave (TR212)
Project Manager: Dennis Ralls Approved: 07.05.2022 #

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
MARK III CONSULTANTS, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 5th day of July, 20 22 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Mark III Consu ltants, 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 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 Agreemen t, 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 m utual promises and covena nts 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 Agree ment, 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, compet ent, a nd professional man ner, 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 i t 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, t he phr ase “highest profes sional 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 ha ving jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Sec tion 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore s ubject 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 th e exte nt required by Labo r Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, 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 Fai lure 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 pre vailing 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 wor ker is employed for any p ublic 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 subcontr actor to:
keep accurate p ayroll 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 publi c works projects. Contrac tor 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 t he 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, Ar ticle 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 compe nsation for all hours wor ked 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 pa yment 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 employ er 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 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contr actual provisions and ens ure 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 he r work ers the specified p revailing 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 su ch licenses, 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 imposed by law an d 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, assess ments, taxes, penalties o r 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 perf ormed, (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 wil l 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 so ftware of the City. Cons ultant 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 Ag reement to furnish contin uous 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 acceptance of the work b y 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 Agreem ent. Both parties agree t o 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 specif ied in the Scope of Servi ces 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 th e 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 thi s Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and th at 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 incorporat ed 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 limitatio ns 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 reimb ursement for actual expen ses, shall not exceed Ninety-One Thous and Seven Hundred Seventy Dollars and Zero Cents ($91,770.00) (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 expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consulta nt 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 a ll 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 wage s, 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 foll owing 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 ch arges 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 Sta te budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreem ent. 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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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 any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and 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 the Schedule of Performance (Exhibit “D”).

This Agreement may be renewed by a written amendment for up to two additional one (1) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant ( “Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

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(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 devotin g 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 right s 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 Dennis Ralls 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 wh ich 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 ag ents o r employees , perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required

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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 t hat 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 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 substantial indu cement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any int erest 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 hereund er sha ll include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any suc h unap proved tran sfer, 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 o f insu rance of th e 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 standar d ISO “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 activ ities of the Cons ultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection

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with this Agreement, in the minimum amount of $1,000,000 per claim and in the ag gregate. 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. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subco ntractors 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 r equired herein, a long 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 Cit y 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 Agree ment 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 by a combin ation 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 ow n 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 repla ced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line In surers in the Sta te of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver o f subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifical ly all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(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 re quirement i mposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage , limi ts or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of 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 Consu ltant. 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 provide to Cit y with a thirty ( 30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage li mitations. None o f 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

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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) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consulta nt, pr ovide the s ame minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section . Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise 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 a nd Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or re sult 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 additiona l kind s of insura nce, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, e mployees and agen ts (“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, operati ons 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 will ful 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:

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(a) Consultant will defend any action or actions filed in con nection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or emp loyees for any su ch 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, ag ents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the ne gligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such a ction or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemni fy City hereunder therefore, and failure of City to monitor compliance with these 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 wil lful 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 exte nt permitted by l aw, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful mis conduct of the de sign 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 subcontractors t o keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessa ry to 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 shall be compl ete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the book s and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully

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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 t his 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 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 emp loyees, 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 ot her pr ojects and/ or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, 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

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Attorney, voluntarily provide documents, declarations, letters of supp ort, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (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 any summons , complaint, 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 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 litigatio n in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City s hall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timefram e 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 invoices and s hall, when the de fault 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.

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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 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 f rom 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 exclusi ve in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies fo r the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to c ompel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim p ursuant 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 diffic ult or impractical to determine in the event of a breach of

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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 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 ti me, with or witho ut cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination , Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event t he 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, th e term inating par ty 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, aft er compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services require d here under excee ds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in ad dition to any oth er 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

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deemed to have accrued on commencement of such actio n and shall be en forceable 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 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 nei ther it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of servic es und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project M anager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, dir ect 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 which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of ra ce, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that e mployees ar e treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the p erformance of work and/or services covered by this

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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 sa nctions 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 o ther 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 titl e), 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 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 accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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 und erstandings, 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 t his require ment 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 d eclared invalid o r 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

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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.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in whi ch (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to G overnment 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 money, consi deration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result i n the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agr eement, such part y is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Matthew Ballantyne, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works

CONSULTANT:

MARK III CONSULTANTS, 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) Chai rman 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 REQ UIRED BY THE BYLAWS , ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, _______________ _, personally appea red ________________, 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 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 fo regoing paragraph i s true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, personally appea red ________________, 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 paragraph i s 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)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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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.

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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Scope of Services
Under the guidance and partnership with the City of Chino, the organizational chart of personnel will provide an open channel of communication for the timely complet ion of this project to the satisfaction of the City. Based upon our preliminary field review, please find below our proposed scope of services.

EXHIBIT A-1

SCOPE OF SERVICES
Task 1: Project Management and Meetings
Mark III Consultants will conduct monthly meetings including a kick-off meeting, with provided meeting agendas and meeting minutes. This task also includes preparing monthly invoices.

We can prepare presentation materials as requested by the City for meetings with City officials.

DELIVERABLES:
 Meeting agendas and meeting minutes
 Project schedule
 Presentation material
 InvoicesA-2

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A-3
Task 2: Plans, Specifications, and Estimates

2.1: Data Collection
We would like to request if the City could please provide the following information:
 Record drawings of existing or master communication plans, utility improvements at project location
 City of Chino Design Standards and Guidelines
 City of Chino AutoCAD title sheet and border

2.2: Utility Coordination
We will conduct coordination with utility facilities located within the limits of the project to identify possible conflicts and incorporate them. A utility log will be prepared to keep organized records of coordination efforts made. Utility potholing services can be provided as optional services for determining the placement of the traffic signal poles.

DELIVERABLES:
 Utility coordination log
 Utility information from utility companies
 Pothole exhibit (Optional services)

2.3 Preliminary Field Review
The team will conduct field review of existing conditions to help determine design recommendations, which will include the following:
 Existing intersection lane geometries: striping utilized, lane widths, crosswalk widths, storage and taper lengths
 Existing median configurations, curb, and gutter
 Existing curb ramp elements
 Existing condition of interconnect cables, pull boxes, and conduits from Monte Vista at Walnut Avenues to City Hall, Police Department, and the Traffic Management Center  Existing signage and striping
The field survey will include:
 Organized and standardized field notes that are clear and have a consistent methodology when documenting existing conditions and measurements
 Digital photos, labeled with appropriate description of contents DELIVERABLES:
 Field review notes and measurements
 Field review photos

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2.4 Design and Construction Bid Document Package Design Plans Prepared plans will be plotted on 24x36-inch bond paper.

All plans will be prepared in AutoCAD (.DWG files). Plans will be submitted for review at the 60%, 80%, and 100% milestones.

A-4

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Proposed curb ramps can be provided as 3D renderings

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Value-Added Task
To provide a true turnkey project for the City, we will include the service of calculating timing parameters for the new traffic signal for: minimum green times; calculations for bicycle and pedestrian timing; along with vehicle and pedestrian clearance times.

DELIVERABLES:
 Draft CEQA Notice of Exemption (NOE)
 Final CEQA Notice of Exemption (NOE) that incorporates comment s from the City

A-6

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01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.

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01225.0001/458446.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

III. Within the budgeted amounts for each Task, and wit h the a pproval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

V. 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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C1-2
EXHIBIT "C-1"

SCHEDULE OF COMPENSATION
NOT-TO-EXCEED AGREEMENT AMOUNT $91,770.00

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01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the following schedule:
*Finalized dea dline dates will be contingent upon actualized a nd assigned project schedules, which shall be approved by the Projec t Managers. Consultant will coordinate with the City and Project staff to ensure timely completion of se rvices and adherence to approved task schedules.

II. The Project Manager may approve extensions for perform ance of the s ervices in accordance with Section 3.2.

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Revenue: Expenditure: 5307340-48005/48008/48009-SW212

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: SW212 - SEWER RELINE AT SCHAEFER AVENUE AND AT 12TH STREET.

RECOMMENDATION
1) Accept the Sewer Reline Project (SW212) as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

FISCAL IMPACT
Sufficient funds are included in the FY2021-22 Capital Improvement Program for project SW212. The project was completed within the established budget.

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

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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: NOTICE OF COMPLETION: SW212 - SEWER RELINE AT SCHAEFER AVENUE AND AT 12TH STREET
PAGE 2

BACKGROUND
On April 6, 2021, the City Council awarded a construction contract to Nu-Line Technologies Inc., Encinitas, CA, in the amount of $258,950.00 for the Sewer Reline Project at Schaefer Avenue and 12 th Street (Project SW212). Additional ly, approved was a construction contingency of $25,895.00 for a potential contract amount not-to-exceed $284,845.00.

During cleaning and video inspection of the sewer segments on 12th Street, staff discovered that this segment had already been rehabilitate d and therefore did not require further maintenance.

Staff identified and provided Nu -Line Technologies with additional segments in other locations throughout the City listed on the sewer relining priority list.

Additionally, the Schaefer Avenue segment, as part of the contract scope of work, was found not to match the record drawings the City had available. Staff requested a cost estimate to complete repairs and adjustments to Schaefer quantities and determined it would be cost - effective to remove the Sch aefer Avenue segment from SW212’s scope of work and add it to a future sewer reline project. The sewer repairs and reline for Schaefer Avenue will be completed during the previously awarded Project No. SW220 - Sewer Reline at Various Locations.

Aside from these modifications, all sewer relining improvements have been completed at the following locations:

Item Street Limits
1 H Street Alley Between G Street and H Street
2 4411 Wilson St Between Norton Ave and Santa Ana Pl
3 5139 Franklin Ct Between Telephone Ave and Webster Ct 4 5046 Gettysburg Ave To 12668 3rd Street
5 5068 Washington Ave to 3rd St
6 3rd St Between Alley south of Center St and
Riverside Dr
7 4608 Davis St To Thomas Pl
8 4660 Davis St To Thomas Pl
9 12619 Thomas Pl To Gettysburg Ave
10 12589 Anthony Pl To 12619 Anthony Pl
11 4887 Lincoln Ave To 4843 Lincoln Ave
12 Santa Ana Pl Between Gettysburg St and Wilson St
Conditions in the field did not match some information that was provided during the research of this project, which n ecessitated Closed Circuit Television Video (“CCTV”) inspection and cleaning of segments for future sewer reline projects. The additional segments that were addressed using CCTV inspection and cleaning include:

Item Street

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SUBJECT: NOTICE OF COMPLETION: SW212 - SEWER RELINE AT SCHAEFER AVENUE AND AT 12TH STREET
PAGE 3

Limits
1 Alley North of H
Street
4th Street to 3rd Street
2 4411 Wilson Street Norton Ave to Santa Ana Place
3 5139 Franklin Court Webster Court to Telephone Avenue 4 5046 Gettysburg
Avenue
Telephone Avenue to 3rd Street
5 5068 Washington
Avenue
Telephone Avenue to 3rd Street
6 3rd Street Alley North of Riverside Drive to Riverside Drive
7 4608 Davis Street End Terminus to Thomas Place
8 4660 Davis Street 4660 Davis Street to 12619 Thomas Place 9 12619 Thomas
Place
12619 Thomas Place to Gettysburg/Thomas
10 12589 Anthony
Place
12589 Anthony Place to 12619 Anthony Place
11 4887 Lincoln
Avenue
4887 Lincoln Avenue to 4843 Lincoln Avenue
12 Santa Ana Place Gettysburg Street to Wilson Street
13 4842 Park Street Monte Vista Avenue to Russell Avenue 14 12816 Monte Vista
Avenue
Park Street to Riverside Drive
15 Prescott Court Mountain Avenue to 6381 Prescott Court 16 Yale Street 6358 Yale Street to 6318 Yale Street
17 Yale Street 6398 Yale Street to 6358 Yale Street
18 Yale Court 6408 Yale Court to 6468 Yale Court

ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The following is a summary of the final accounting of the costs of the construction contract:

PROJECT TASK BUDGET AMOUNT
Original Contract Amount $258,950.00
Contract Change Order No.1 $0.00 (Scope Only)

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Contract Change Order No. 2 $89.00
Contract Change Order No. 3 $(6,596.50)
Final Construction Contract Amount $252,442.50
Remaining Construction Contingency Amount $25,806.00

Nu-Line Technologies Inc., Encinitas, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office.

The retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion - Project No. SW212

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RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee City Right-of-Way (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

City of Chino 13220 Central Avenue, Chino, CA 91710

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on

8. The name of the contractor, if any, for such work of improvement was:

Nu-Line Technologies, LLC
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

1 0. The street address of said property is
Schaefer Avenue b/w Monte Vista and Central Avenues, and 12th Street b/w Schaefer and Chino Avenues

S
IGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: July 5th, 2022 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on July 5th, 2022 , at City of Chino, California

Amer Jakher
Director of Public Works

Sewer Reline - Schaefer Avenue and 12th Street (Project No. SW212) July 5th, 2022

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
TO:

FROM:

SUBJECT:

COUNCIL MEETING DATE: JULY 19, 2022

ANTHONY ARROYO, INTERIM CITY MANAGER

ANGELA ROBLES, CITY CLERK
CERTIFICATION OF ELECTION RESULTS FOR THE JUNE 7, 2022
SPECIAL MUNICIPAL ELECTION (BALLOT MEASURE Y).

RECOMMENDATION
Adopt Resolution No. 2020-050 reciting the facts of the City of Chino Special Municipal Election held on June 7, 2022, declaring the results and such other matters as provided by law.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 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

12.22 NEW BUSINESS Packet Pg. 572
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: CERTIFICATION OF ELECTION RESULTS FOR THE JUNE 7, 2022 SPECIAL

MUNICIPAL ELECTION (BALLOT MEAURE Y)
PAGE 2

BACKGROUND
The City of Chino held a Special Municipal Election on June 7, 2022 , in consolidation with the Statewide Direct Primary Election wherein Ballot Measure Y was submitted to the voters. Ballot Measure Y proposed to add Section 20.15.170, entitled “Voter Authorization to Redesignate Specified Land” to the Chino Municipal Code, which permit s the use of two identified overlay strategies encompassing affordable housing and mixed-uses as described in the City’s 2021 - 2029 Housing Element Update.

ISSUES/ANALYSIS
On July 5, 2022, the San Bernardino County Registrar of Voters completed the canvass and certified the resul ts of the June 7, 2022 Special Municipal Election. According to the certified results, Measures Y was approved by a majority of the voters. The certification and statement of votes is attached as Exhibit A to Resolution No. 2022-050.

Adoption of Resolut ion No. 2022 -050 will meet the requirements to declare the results of the June 7, 2022, Special Municipal Election. Additionally, upon approval of Resolution No. 2022 - 050, Ordinance No. 2022 -001 (Measure Y) will be considered as adopted and shall go into effect ten days thereafter.

ORDINANCE NO. 2022-001

AN ORDINANCE OF THE PEOPLE OF THE CITY OF CHINO, CALIFORNIA,

TO APPROVE THE HOUSING ELEMENT UPDATE TO INCLUDE THE

APPLICATION OF THE TWO IDENTIFIED OVERLAY STRATEGIES

ENCOMPASSING AFFORDABLE HOUSING AND M IXED-USES THE CITY

WILL USE TO MEET ITS STATE -MANDATED REGIONAL HOUSING NEEDS

ASSESSMENT (RHNA) ALLOCATION

Attachment: Resolution No. 2022-050
Ordinance No. 2022-001

12.22 NEW BUSINESS
Packet Pg. 573
RESOLUTION NO. 2022-050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL
MUNICIPAL ELECTION HELD IN THE CITY ON JUNE 7, 2022 ,

DECLARING THE RESULT AND SUCH OTHER MATTERS AS

PROVIDED BY THE PROVISIONS OF LAW

WHEREAS, a Special M unicipal Election was held and conducted in the City of Chino, California, on Tuesday, June 7, 2022, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elec tions Code of the State of California for holding of election in general law cities; and
WHEREAS, the County of San Bernardino Registrar of Voter s canvassed the returns of the election and has certified the results to this City Council. The results have b een received, attached, and made a part hereof as Exhibit A.

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

Section 1. That the whole number of votes cast in the City was 11,739 representing 24.28% percent turnout of registered voters.

Section 2. That the measure voted upon at the election is as follows:

Measure Y:

Shall the measure, an Ordinance No. 2022 -001, entitled “An Ordinance of the People of the City of Chino, California, to Approve the Housing Element Update to Include the Application of the Two Identified Overlay Strategies Encompassing Affordable Housing and Mixed-Uses the City Will Use to Meet its State -mandated Regional Housing Needs Assessment (RHNA) allocation” be adopted?
Section 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measure are listed in Exhibit "A" attached.

Section 4. The City Council does declare and determine that as a result of the election, a majority of the voters voting on Measure Y voted in favor of the Measure, and that the Measure was carried and shall be deemed adopted and ratified as reflected in Ordinance No. 2022-001.

Section 5. The City Clerk shall enter on the records of the City Council of the City of Chino, a statement of the results of the election showing: 1) The whole number of votes cast in the City; 2) The measure voted on; 3) The number of votes cast at each precinct for and against the measure; 4) The total number of votes cast in the City for and against the measure.

12.22.a
Certification of Election Results for June 7, 2022 Special Packet Pg. 574
Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council at a regular meeting hel d on the 19th day of July, 2022.

CITY OF CHINO:

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

CITY OF CHINO )

COUNTY OF SAN BERNARDINO )

STATE OF CALIFORNIA )

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 19th day of July, 2022 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK

Attachment: Exhibit A

12.22.a
Certification of Election Results for June 7, 2022 Special Packet Pg. 575
777 East Rialto Avenue, San Bernardino, CA 92415 I Phone: 909.387.8300 Fax: 909.387.2022 www.SBCounty.gov

RNARDINO
UNTY Registrar of Voters

CERTIFICATION OF REGISTRAR OF VOTERS
Michael Jimenez
Interim Registrar of Voters

OF THE RESULTS OF THE CANVASS OF THE
JUNE 7, 2022 STATEWIDE DIRECT PRIMARY ELECTION

STATE OF CALIFORNIA

SAN BERNARDINO COUNTY
)
) ss.
)
I, Michael Jimenez, Interim Registrar of Voters of San Bernardino County, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the Statewide Direct Primary Election held in said County on June 7, 2022, for measures and contests that were submitted to the vote of the voters, and that the Certified Election Results to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 5th day of
July, 2022, at San Bernardino County.

BOA RD OF Sl TPFR\'JSORS
MichaelJimen
Interim Registrar of Voters
San Bernardino County
State of California
CoL. PAUL CooK (R1n:) JANICE RUTHERFORD DAWN RowE CURT HAGMAN JoE BACA, JR.

First Distnct Second District Vtce Chair, 'Jhird Dtslnct Chatrman, Fourth Distnct Fttth D1stnct --- - .._..,......_ --- --'l 1,
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EXHIBIT A

12.22.b
Certification of Election Results for June 7, 2022 Special Packet Pg. 576
1 City of Chino MEASURE Y
1111
Registered
Voters
Voters Cast
Turnout (%)
YES
NO
Over Votes
Under Votes
State of California, Board of
Equalization, District 4
Total 48339 11739 24.28 % 7983 2736 7 1013
United States Representative,
District 35
Total 48339 11739 24.28 % 7983 2736 7 1013
State Senator, District 22 Total 48339 11739 24.28 % 7983 2736 7 1013 State Assembly, District 53 Total 43448 10624 24.45 % 7237 2465 7 915 State Assembly, District 59 Total 4891 1115 22.80 % 746 271 98 San Bernardino County Total 48339 11739 24.28 % 7983 2736 7 1013 Board of Supervisors, District 4 Total 48339 11739 24.28 % 7983 2736 7 1013 City of Chino Total 48339 11739 24.28 % 7983 2736 7 1013 Printed: Tuesday, July 5, 2022 2:28 PM Page 75 of 75Data Refreshed: Tuesday, July 5, 2022 2:28 PM San Bernardino County
San Bdno 2022 Statewide Direct Primary Election
Statement of Vote - District Total Canvass
Election Date: June 7, 2022

12.22.c
Certification of Election Results for June 7, 2022 Special Packet Pg. 577
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ORDINANCE NO. 2022-001

AN ORDINANCE OF THE PEOPLE OF THE CITY OF CHINO, CALIFORNIA, TO

APPROVE THE HOUSING ELEMENT UPDATE TO INCLUDE THE

APPLICATION OF THE TWO IDENTIFIED OVERLAY STRATEGIES

ENCOMPASSING AFFORDABLE HOUSING AND MIXED-USES THE CITY WILL

USE TO MEET ITS STATE -MANDATED REGIONAL HOUSING NEEDS

ASSESSMENT (RHNA) ALLOCATION
WHEREAS, on November 8, 1988, the people of the City of Chino adopted Measure M to amend the General Plan, and it is now codified as Sections 20.15.010 and 20.15.020 of the Chino Municipal Code; and
WHEREAS, the adoption of Measure M limits the proliferation of residential developments by prohibiting the City Council of the City of Chino from rezoning non-residential land for residential uses without voter approval; and
WHEREAS, although Measure M does not apply to adoption of the Housing Element Update itself as that does not require a rezoning action, Measure M does apply to Programs 3B and 3C of the Housing Element Update, which are the application of an affordable and mixed-use overlay (AFF-OV and MU-OV) to meet the City’s allocated RHNA (Overlays); WHEREAS, while the Overlays do not change the underlying zoning, they do add the ability for residential uses on parcels, which do not currently have that ability or do not currently permit residential at up to 30 dwelling units per acre, and as such, compliance with Measure M is a required implementing action of the housing element to be completed within the required timeframes; and
WHEREAS, the City has adopted a Negative Declaration (SCH# 2021100569) a nalyzing the proposed 2021-2029 Housing Element Update, including the Overlays, and found that such action will not have significant environmental impacts.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF CHINO DO HEREBY ORDAIN AS FOLLOWS:

Section 1. The provisions of the California Environmental Quality Act (“CEQA”) have been complied with, and, pursuant to its Resolution No. 2022-003, the City Council has adopted a Negative Declaration (SCH# 2021100569) analyzing the proposed 2021 -2029 Housing Element Update, including the Overlays and found that such approvals would have no significant environmental impact, which is incorporated herein by this reference.

Section 2. Section 20.15.170 entitled “Voter Authorization to Redesignate Specified Land” is hereby added to Chapter 20.15 of the Chino Municipal Code, to read, in its entirety, as follows:
(A) Notwithstanding the prohibition against exceeding density for land established by the zoning map and the zoning ordinance of the city or any development ag reement in effect on November 8, 1988 or prohibition against converting land for residential uses contained in Section

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01225.0005/756350.2

20.15.020(B), adopted by Measure M, Programs 3B and 3C of the 2021-2029 Housing Element Update and corresponding Land Use Element authorizing the application of the two identified overlay strategies encompassing affordable housing and mixed-uses to meet its Regional Housing Needs Assessment (RHNA) allocation are hereby authorized. (B) Subject to the conditions and requirements below, the G eneral Plan land use designations for the parcels of land described in Subsection (C) shall are hereby subject to the Affordable Housing Overlay and Mixed -Use Overlay as described 2021-2029 Housing Element Update.
(C) The land which is the subject matter of this ordinance subject to the overlay strategies consists of both improved and vacant, situated in the City of Chino, County of San Bernardino, State of California and more specifically described in the Sites Inventory Map on file with the City of Chino Development Services Department.

Section 3. If a majority of the voters of the City of Chino voting at the Special Municipal Election on Tuesday, June 7, 2022, vote in favor of this Ordinance, then this Ordinance shall become a valid and binding ordinance of the City of Chino, and shall be considered as adopted upon the date that the vote is declared by the City Council of the City of Chino, and this Ordinance shall go into effect ten (10) days after that date, pursuant to Elections Code Section 9217.

Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.

Section 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the approval thereof and cause same to be published or posted pursuant to law.

APPROVED BY THE VOTERS OF THE CITY OF CHINO AT THE ELECTION HELD ON JUNE 7, 2022.

By: __________________________

EUNICE ULLOA, MAYOR

ATTEST:

By:___________________________

ANGELA ROBLES, CITY CLERK

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Chino City CouncilJuly 19, 2022

Chino City Council
July 19, 2022