Chino City Council
November 15, 2022

the terms of the agreement have been fulfilled.

If you have any questions regarding this matter, please contact me at (909) 334-3417.

Sincerely,
Jesus Plasencia, P.E.

Assistant City Engineer

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G.At various times between 2007 and 2022 Master Developer entered into one or more Subdivision Improvement Agreements with the City relating to the Developer's Parcels (as defined in the PDA) and as described in Exhibit C to this Agreement (collectively the "SIAs"). Each SIA required Developer to complete all public improvements in Developer's Parcels a good and workmanlike manner, according to the approved plans and specifications under the inspection of and subject to approval by the City.

H. At various times after the City's Approval (as defined in the PDA) of the plans and specifications for each of the Master Developer's Parcels, Developer's Parcels and the SCE Easement Trails, the City's personnel field inspected the Master Developer's Parcels, Developer's Parcels and the SCE Easement Trails, and improvements thereon, many without objection. The Parties agree that some improvements were completed in accordance with the applicable plans and specifications, some improvements may not have been but were completed without objection by the City, and the Parties dispute whether certain other improvements were so completed.

I. In the interests of resolving all disputes related to the Master Developer's Parcels, the Developer's Parcels and the SCE Easement Trails, and improvements thereon, the Parties agree to work together to complete final approval and acceptance of the improvements, reduction and exoneration of the related bonds, occupancy permits and Development Impact Fee and other reimbursements, and deed of trust reconveyances.

J. Government Code§§ 65866 and 65865 provide that when "a local agency enters into a development agreement, the builder is entitled to proceed on the project under the local rules, regulations, and ordinances in effect at the time of the approval." (1901 First Street Owner, LLC v.

Tustin Unified School Dist. (2018) 21 Cal.App.5th 1186, 1195.) K.

FF below:

The following City Standard Drawings are applicable to the Dispute as defined in Recital

1. City of Chino Standard No. 107 for Intersection Knuckles dated October 25, 2017;

2. City of Chino Standard No. 230 for Sidewalks dated December 14, 2017, and its preceding versions;

3. City of Chino Standard No. 235A (dated February 20, 2007); 235B (dated April 11, 2005) and 235C dated April 11, 2005);

4. City published its City Standard Drawings Nos. 230 and 245 (dated October 15, 2017); and

5. City of Chino Policy on Accessible Pedestrian Facilities (December 3, 2019).

Section 2 The ADA and Other Accessibility Regulations
L. In 1990, the United States Department of Justice ("DOJ") created the first set of regulations under the Americans With Disabilities Act (42 U.S.C. § 12101 et seq.), known as the 1991 Standards for Accessible Design ("1991 Standards"), which were based on the 1991 Americans with Disabilities Act Accessibility Guidelines ("1991 ADAAG") developed by the United States Access Board ("Access Board"). The 1991 Standards did not include regulations specific to sidewalks or other public - 2 -

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APPROVED AS TO FORM:

K. FINNERTY LAW INC.

ATTORNEYS FOR DEVELOPER
By: ------------­
Kathleen E. Finnerty
Dated: November10, 2022

CITY OF CHINO, CITY COUNCIL
By:

Eunice M. Ulloa, Mayor
Dated: November_, 2022
ATTEST:

By:

Angela Robles, City Clerk
Dated: November_, 2022
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

COUNSEL FOR CITY OF CHINO
By:

Fred Gallante, City Attorney
Dated: November_, 2022
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EXHIBIT E
Checklist for Acceptance of Public Improvements/Security Release

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EXHIBIT F
SCE Easement Trails Access Trails Diagram

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EXHIBIT G
Sample Form of Bond Release and Exoneration Letters

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SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (“Agreement”) dated November __, 2022, is entered into by and between RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation (“Developer”), and the CITY OF CHINO, a general law city and municipal corporation (“City”). Developer and City are collectively referred to as “Parties” and singularly as “Party”.

RECITALS
Section 1 - The Subdivision Improvement Agreements
(Projects)
A. On and after January 21, 2016, the City and Developer entered into Subdivision Improvement Agreements as referenced in Exhibit A (each, an “SIA”, and collectively, the “SIAs”), for Tract Numbers 18901, 18479, 19935, 19953, 20170, 202701, 201681 and 20249, regarding the development of projects commonly known as McKenna Park, Pineberry at The Preserve, Vineyard at The Preserve, Gardenside at the Preserve and Parklin at the Preserve, as depicted in Exhibit B (each, a “project” or “parcel”, and collectively, the “projects” or “parcels”). The SIAs require Developer to complete all public improvements that are Developer’s obligation to complete in a good and workmanlike manner, according to the approved plans and specifications and under the inspection of and subject to approval by the City. (Disputes and Settlement) B. At various times after the City’s approval of the plans and specifications for each of the Developer’s parcels, the City’s personnel field inspected the Developer’s parcels and improvements thereon, many without objection. The Parties agree that some improvements were completed in accordance with the applicable plans and specifications, some improvements may not have been but were completed without objection by the City, and the Parties dispute whether certain other improvements were so completed.

C. In the interests of resolving all disputes related to Developer’s parcels and improvements thereon, and to avoid litigation, this Agreement provides for the final approval and acceptance of the improvements, the reduction and exoneration of the related bonds, the issuance of occupancy permits, the reimbursement of Development Impact Fees and other amounts owed to Developer, and the release and reconveyance of deeds of trust and all other security reconveyances.

D. Government Code §§ 65866 and 65865 provide that when “a local agency enters into a development agreement, the builder is entitled to proceed on the project under the local rules, regulations, and ordinances in effect at the time of the approval.” (1901 First Street Owner, LLC v.

Tustin Unified School Dist. (2018) 21 Cal.App.5th 1186, 1195.) ///
//
/
1 SIAs with Chino Preserve Development Corp., these Tracts were purchased by Developer.

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E. The following City Standard Drawings are applicable to the Dispute as defined in Recital X below:

1. City of Chino Standard No. 107 for Intersection Knuckles dated October 25, 2017;

2. City of Chino Standard No. 230 for Sidewalks dated December 14, 2017, and its preceding versions;

3. City of Chino Standard No. 235A (dated February 20, 2007); 235B (dated April 11, 2005) and 235C (dated April 11, 2005);

4. City Standard Drawings Nos. 230 and 245 (dated October 15, 2017); and

5. City of Chino Policy on Accessible Pedestrian Facilities (December 3, 2019).

Section 2 - The ADA and Other Accessibility Regulations F. In 1990, the United States Department of Justice (“DOJ”) created the first set of regulations under the Americans With Disabilities Act (42 U.S.C. § 12101 et seq.), known as the 1991 Standards for Accessible Design (“1991 Standards”), which were based on the 1991 Americans with Disabilities Act Accessibility Guidelines (“1991 ADAAG”) developed by the United States Access Board (“Access Board”). The 1991 Standards did not include regulations specific to sidewalks or other public rights of way. Those regulations largely were focused on public accommodations, but courts have interpreted elements of those regulations to apply to government facilities and programs under Title II of the ADA. Implementing regulations provided that newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. [28 C.F.R. § 35.151(e) (1992)].

G. The 1991 ADAAG was later modified in 2004 (36 CFR part 1191, appendices B and D) at which time the DOJ adopted the 2004 ADA Accessibility Guidelines (“2004 ADAAG”) as a component of its standards for accessible design.

H. The most current ADA regulations were published on September 10, 2010, known as the 2010 Standards for Accessible Design (“2010 Standards”).

I. The compliance date for new construction and alterations subject to 28 CFR §§ 36.401 or 36.402 is determined by 28 CFR. §36.406 which articulates the date of the last application for a building permit, permit extension or the start of physical construction or alteration if no permit is required. In the context of works in the public right of way, the Parties agree that the date of issuance of an encroachment permit indicates the start of physical construction or alterations.

J. Departures from particular requirements of applicable accessibility standards by alternative methods is permitted when it is clearly evident that “equivalent access to the facility or part of the facility is thereby provided.” [28 C.F.R. § 35.151(c)].

K. The United States Department of Transportation (“DOT”) is, however, the agency responsible for overseeing compliance with the ADA by public entities with respect to “programs, services and regulatory activities relating to transportation.” [28 CFR § 35.190(b)(8)]. The DOT then delegates the responsibility to ensure ADA compliance in the public right of way and on projects using surface transportation funds to the Federal Highway Agency (“FHWA”).

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L. Within FHWA, the Office of Program Administration is concerned with the design of pedestrian facilities (e.g., sidewalks, curb ramps, and other related features or facilities) that accommodate persons with disabilities in the public right-of-way. These accessibility standards were developed primarily for buildings but are used for the features in the public right-of-way covered by accessibility standards.

M. Within the 2004 ADAAG and implementing regulations, with respect to curb ramps, the regulations state that newly constructed or altered streets, roads, or highways must contain curb ramps at any intersection having a curb between a street and a pedestrian walkway. [28 C.F.R. §35.151(i)].

Notably, this regulation does not state that newly constructed or altered streets must be modified to meet slope and landing requirements within streets or crosswalks.

N. As of the date of this Agreement, the Access Board is currently in the process of developing final guidelines specifically for the public right-of-way. A draft of the revised Draft Guidelines for Public Rights-of-Way was posted on the Access Board’s web site in November 2005, and later amended in June 2011 (“PROWAG”); however, the PROWAG has not yet been adopted by the Access Board, nor have these proposed regulations been adopted by the DOJ.

O. While the PROWAG are not yet considered enforceable standards, FHWA considers the PROWAG to represent best practices for accessibility issues in the public right-of-way that are not otherwise covered by other DOJ or DOT standards.

P. The PROWAG provides the following guidance relevant to the issues in dispute in this Agreement:

1. Cross Slope: The cross slope of a pedestrian access route shall be 2 percent maximum.

PROWAG, R302.6.

2. Sidewalk: Where a pedestrian access route is contained within a street or highway rightof-way, its grade shall not exceed the general grade established for the adjacent street or highway. PROWAG, R302.5.1.

3. Pedestrian Access Route:
a. 302.5.1 Within Street or Highway Right-of-Way. Except as provided in R302.5.3, where pedestrian access routes are contained within a street or highway right-of-way, the grade of pedestrian access routes shall not exceed the general grade established for the adjacent street or highway. b. R302.5.2.1 Not Within Street or Highway Right-of-Way. Where pedestrian access routes are not contained within a street or highway right-of-way, the grade of pedestrian access routes shall be 5 percent maximum.
c. R302.5.3.1 Within Pedestrian Street Crossing. Where pedestrian access routes are contained within a pedestrian street crossing, the grade of pedestrian access routes shall be 5 percent maximum. d. R302.5.4 Physical Constraints. Where compliance with R302.5.1 or R302.5.2 is not practicable due to existing terrain or infrastructure, right9.14.e Approval of Settlement Agreements Packet Pg. 662
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of-way availability, a notable natural feature, or similar existing physical constraints, compliance is required to the extent practicable. e. R302.6.1 Pedestrian Street Crossings Without Yield or Stop Control. Where pedestrian access routes are contained within pedestrian street crossings without yield or stop control, the cross slope of the pedestrian access route shall be 5 percent maximum.

4. Grade: Grade is the slope parallel to the direction of pedestrian travel. Where pedestrian access routes are contained within a street or highway right-of-way, the grade of the pedestrian access route shall not exceed the general grade established for the adjacent street or highway, except that where pedestrian access routes are contained within pedestrian street crossings a maximum grade of 5 percent is required.

PROWAG R302.5.

Q. The California Department of Transportation (“CalTrans”) issued its Design Information Bulletin No. 82-06: Pedestrian Accessibility Guidelines for Highway Projects (“DIB 82-06”) on November 16, 2017, updating the prior guidance manual (DIB 82-03, issued in October 2006 and revised in September 2007) and is the master document for the design policies followed by CalTrans for newly constructed and altered sidewalks, crosswalks and other pedestrian walkways.

R. DIB 82-06 incorporates access guidelines from three sources: (1) 2010 Standards; (2) California Building Standards Code (“CBC”) Title 24; and (3) the PROWAG. Although the CBC and 2010 Standards are not specifically written for public rights-of-way projects, CalTrans applies some of the provisions to the highway environment and includes DIB 82-06 in Section 4.3.1 (surface), Section

4.3.2 (vertical clearance), Section 4.3.3 (clear width), Section 4.3.5 (cross slope), Section 4.3.8 (curb ramps, Section 4.2.14 (detectable warning surfaces) and Section 4.3.19 (protruding objects).

S. Until the draft PROWAG are adopted and binding, the 2010 Standards will be used by CalTrans, along with certain portions of the PROWAG as the standards set forth in the DIB 03-06.

T. CalTrans specifically articulates in DIB 82-06 that it is not possible to use the three main code sources (2010 Standards, the PROWAG and CBC) in their entirety because many provisions conflict with each other. Since Title 24 criteria is not possible in many cases, the DIB uses the PROWAG criteria. DIB 82-06 was written to provide general design guidance on how to comply with various Federal laws and State codes on pedestrian accessibility for public use. Under DIB 82-06, all intersections that are altered are required to implement curb ramps. CalTrans has developed a sevenpage Appendix specifically for curb ramps, recognizing the complexity of integrating pedestrian paths of travel with roadways, particularly for existing facilities U. In Schonfeld v. City of Carlsbad , 978 F. Supp. 1329, 1335-41 (S.D. Cal. 1997), aff’d, 172 F.3d 876 (9th Cir. 1999) at 1339 n.11, the Court reasoned that § 35.150 did not require the city to build a curb ramp at every intersection. Rather, that provision simply required that the city's programs and services be accessible as a whole, and it allowed Carlsbad to choose its method of complying with this requirement. The court held that the ADA allowed Carlsbad to compel disabled persons to travel a “marginally longer route” under some “limited circumstances,” as long as its programs were still accessible as a whole. The mere fact that some city sidewalks did not have curb ramps was therefore insufficient to create a triable issue as to whether Carlsbad violated Title II. In reaching this conclusion, the court in Schonfeld relied on the ADA Title II Technical Assistance Manual. The Technical Assistance Manual similarly explains that, under 28 C.F.R. § 35.150, “public entities are not necessarily

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required to construct a curb ramp at every such intersection,” and that it may be appropriate to compel disabled persons to take a “marginally longer route.”
V. The City asserts that the “ADA prohibits the cross-slope in crosswalks accessed via a diagonal ramp from exceeding 2%” because a turn is required, citing ADA Standard 406.6 and CBSC §11B-406.3.2, and that certain sidewalks and curb ramps and related improvements at the Developer’s parcels do not comply with required regulations and specifications.

W. The Developer asserts that:
a) Both ADAAG and the 2010 Standards (§406.2) permit a 5% counter slope, and that if the curb ramp slope is < 5% it legally does not constitute a “ramp” because a “ramp” is defined as an element exceeding 5% slope.
b) The CBSC does not require a landing at the bottom of a curb ramp, rather, the law requires that the bottom of diagonal curb ramps are required to have a 48”x48” “clear space” “
outside the active traffic lanes” within the markings and are specifically permitted to have a 5% max. counter slope (§11B-406.5.8), as depicted in Figure 406.2 provided below.

Figure 406.2 Counter Slope of Surfaces Adjacent to Curb Ramps c) The PROWAG provides that the cross-slope of ramps, blended transitions and turning spaces shall be 2% max, except at crossings without yield or stop control and midblock crossings, where the cross slope is permitted to be equal to the street or highway grade. R304.5.3.
d) The PROWAG also permits the counter slope of the gutter or street at the foot of curb ramp runs, blended transitions, and turning spaces to be 5% maximum as shown below.

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e) The Public Works Director has discretion to approve minor deviations, as constructed, especially where the required change would constitute an “undue burden”. Chino Muni. Code §19.01.120. (Anthony v. Snider (2004) 116 Cal.App.4th 643). An “undue burden” can be found in instances where existing large electrical boxes, traffic signals and related infrastructure are impractical to relocate, or where setbacks or other physical limitations impede exact compliance.

Section 3 - The Disputes
X. As a result of these differing interpretation of the applicable standards and law, the City has: a) not finally accepted certain improvements constructed by the Developer, b) declined to exonerate the various construction and improvement bonds, security instruments and letters of credit (“Bonds”) provided for Developer’s parcels, c) declined to disburse funds due to the Developer pursuant to Development Impact Fee Reimbursement Agreements, EWTF Agreements, Traffic Signal Interconnect Agreements, Construction Credit and Reimbursement Agreements, CFD and other retention payments associated with the Developer’s parcels (“Disbursements”); and d) declined to reconvey various deeds of trust and/or other documents securing Developer’s performance (“Reconveyances”), which resulted in the Parties anticipating the need for litigation regarding improvements on Developer’s parcels (the “Disputes”).

Y. The Parties have engaged in extensive meetings and negotiations concerning the Disputes and, as a result thereof, now desire to resolve all of the issues encompassed in the Disputes and enter into this Agreement to resolve the Disputes as well as all underlying and related contentions and allegations FINALLY, FULLY, COMPREHENSIVELY AND CONCLUSIVELY by the Parties, by and through this Agreement.

Z. The Parties understand that this Agreement is subject to the approval of the City Council.

NOW, THEREFORE, in consideration of the above Recitals, covenants and agreements, the Parties agree as follows:

SETTLEMENT

1. DEFINITIONS.

A. As used herein, the term “Claims” means all claims, charges, liabilities, damages, obligations, costs, expenses (including without limitation attorneys’ fees), rights and causes of action of any kind, legal or equitable, whether known or unknown, anticipated or unanticipated, past, present or future, contingent or fixed, existing, claimed to exist or which may hereafter exist under the United States Constitution, the California Constitution, applicable common law, contract, tort or other federal, state, local, or municipal law or regulation, relating in any way to the facts and circumstances that give rise to the Disputes, whether said facts and circumstances occurred prior to or after the occurrence of the Disputes.

B. As used herein, the term “Agreement Date” means the date upon which this Agreement is signed by the Parties.

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C. As used herein, the term “Effective Date” means the first (1st) business day after the City Council’s approval of this Agreement. This Agreement shall not become effective, and neither party shall have any rights or obligations hereunder, until the “Effective Date”.

2. REPRESENTATIONS AND WARRANTIES.

A. Each party hereby represents and warrants that:
(i) It has the power and authority to enter this Agreement. (ii) None of the Claims released hereunder has been in the past or will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

3. SETTLEMENT TERMS.

A. City Obligations.
(i) Nothing in this Agreement is intended to or shall have the lawful effect of contracting away the City’s zoning authority or any other aspect of the City’s police power or any discretionary approval that rests solely with the City Council; provided, however, the City agrees it will not use its authority, power or any discretionary approval in a manner that it is inconsistent with the provisions of this Agreement. City Staff and counsel for the City have previously reviewed the terms and conditions of this Agreement and have advised the City Council as to the sum and substance of its terms, to the satisfaction of the Council. prior to any duly noticed public hearings. City Staff and counsel for the City agree to recommend acceptance and approval of this Agreement, and all disputed improvements and projects described herein, consistent with the terms of this Agreement. (ii) The City shall schedule such public hearings as are necessary on this Agreement as promptly as feasible at which hearing the Agreement shall be presented for approval. If the City Council fails to approve the Agreement within sixty (60) days following the Agreement Date, this Agreement shall be of no further force or effect on the sixty-first (61st) day. a) Settlement as to Category A Parcels include the following parcels and terms:
i. All parcels previously transferred by the Developer to a homeowner’s association or other private entity on or before the Effective Date (Enumerated in Exhibit C-1);
ii. All parcels for which the plans and specifications for development or encroachment permits were approved by the City on or prior to December 31, 2016 (Enumerated in Exhibit C-1);
iii. As to Category A parcels, no punch list work remains outstanding as a term of this Agreement, and the City shall undertake and bear responsibility or any and all remediation of public improvements thereon, except as specifically provided for in this Agreement. iv. The City and Developer agree that such parcels and related improvements will be deemed accepted by Staff as-is and final

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approvals issued no later than forty-five (45) days following the Developer’s submission of a complete Checklist for Acceptance of Public Improvements/Security Release (Exhibit D) and a complete set of all documents required therein. All remaining Bonds or other security provided for such parcels shall be promptly exonerated, with warranty bonds posted as required by law. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City’s regular administrative process;
v. For such parcels, Developer shall maintain a warranty bond as required by Government Code § 66499.3 for a period of twelve (12) months. Within ten (10) business days after expiration of the warranty bond period, upon presentation of a bond release form substantially in compliance with Exhibit E hereto, City shall execute such bond release to permit exoneration thereof;
vi. If a claim of defective construction or other fact allegedly giving rise to a claim under the security referenced in the paragraph immediately above, the City shall investigate such allegations and reject such claim if appropriate. If the City considers the allegations to have merit, the Parties will meet and confer in good faith toward resolution for thirty (30) days, after which time either party may refer the matter to counsel for resolution. Failing resolution among counsel within thirty (30) days thereafter, the Parties shall, within fifteen days (15) agree upon a qualified mediator (with at least 10 years of active experience in planning, construction and ADA compliance, if practicable), for resolution who shall conduct such mediation within thirty (30) days of appointment, if practicable. If mediation is not successful in resolving the Parties’ dispute, either party may file litigation to resolve the dispute;
vii. City Council’s acceptance of the improvements described above— except parcels previously transferred to a homeowner’s association or other private entity—shall include a complete defense, indemnification and hold harmless of Developer in connection with any legal challenge brought by a third party, government entity or other person or entity relating to such improvements or this Agreement, with the City’s legal counsel of choice; and
viii. All other agreements between the Parties relating to these parcels and any security therefor are specifically superseded by this Agreement.
b) Settlement as to Category C Parcels include the following parcels and terms:
i. All parcels for which the plans and specifications for development or encroachment permits were approved by the City after January 1, 2019, or plans submitted for approval by Developer to City before the Effective Date of this Agreement (Enumerated in Exhibit C-2).

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ii. The City and Developer agree that as to parcels approved by the City from and after January 1, 2019, and thereafter for those projects submitted to the City as of the Agreement Date (i.e., Category C parcels) the City Staff shall approve such improvements and include them in this Agreement subject to the Developer’s compliance with the City’s current ADA Policy on Pedestrian Facilities (dated December 3, 2019).
iii. In the event a dispute arises as to the meaning or interpretation of any provision in the above-referenced policy, the Parties shall meet and confer in good faith toward resolution for thirty (30) days, after which time either party may refer the matter to counsel for resolution.

Failing resolution among counsel within thirty (30) days thereafter, the Parties shall, within fifteen (15) days, agree upon a qualified mediator (with at least ten (10) years of active experience in planning, construction and ADA compliance, if practicable), for resolution who shall conduct such mediation within thirty (30) days of appointment, if practicable). If mediation is not successful in resolving the Parties’ dispute, either party may file litigation to resolve the dispute. iv. Upon final approval of the parcels, all Bonds, Disbursements and other security shall be promptly released following the City’s regular administrative process.
c) Settlement as to Category D Parcels include the following parcels and terms:
i. All parcels for which the Developer has previously removed and remediated alleged violations, which have been inspected and approved by the City prior to the date of this Agreement (Category D parcels as enumerated in Exhibit C-3).
ii. As to Category D parcels, no punch list work remains outstanding as a term of this Agreement.
iii. The City and Developer agree that such parcels and related improvements will be deemed accepted as-is by Staff who shall recommend acceptance of such improvements to the City Council. iv. All remaining Bonds or other security provided for such parcels shall be promptly exonerated, with warranty bonds posted as required by law. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City’s regular administrative process. v. For such parcels, Developer shall maintain a warranty bond as required by Government Code § 66499.3 for a period of twelve (12) months. Within ten (10) business days after expiration of the warranty bond period, upon presentation of a bond release form substantially in compliance with Exhibit E hereto, City shall execute such bond release to permit exoneration thereof.

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vi. City Council’s acceptance of the improvements described above — except parcels previously transferred to a homeowner’s association or other private entity—shall include a complete defense, indemnification and hold harmless of Developer in connection with any legal challenge brought by a third party, government entity or other person or entity relating to such improvements or this Agreement, with the City’s legal counsel of choice.
vii. All other agreements between the Parties relating to these parcels and any security therefor are specifically superseded by this Agreement.

B. Developer’s Obligations.
(i) Developer and each of Developer’s agents shall not oppose the City’s approval of this Agreement and shall support, both verbally and in writing, if requested by the City, the City’s acceptance of this Agreement (“Support Covenant”). This Support Covenant shall be of no further force or effect on the sixty-first (61st) day after this Agreement date if City Council fails to approve this Agreement unless the Parties agree in writing to extend this deadline. (ii) Developer shall not file any lawsuits, administrative appeals pursuant to the City’s Municipal Code, or take any other enforcement action on the Disputes whatsoever, in whatever shape or form, to challenge, appeal, or otherwise seek to influence in any respect, approval of this Agreement except as may be necessary to support or defend the validity of this Agreement. (iii) Developer shall complete the remaining punch list items (e.g. manhole covers cleaned, water valve round caps cleaned and painted and adding mulch at parkway sidewalk edges for Tracts 18479 (Pineberry), 19953 (Pineberry) and 19935 (Vineyard) so that project approval can be heard on the City Council agenda for the November 1, 2022 meeting.

C. General Obligations of All Parties.
(i) The Parties will use their best efforts and cooperate as necessary in performing and implementing this Agreement in good faith.

4. GENERAL RELEASE.

A. General Release and Discharge of Claims by Developer. Upon the Effective Date of this Agreement, Developer, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents and affiliates2, does hereby fully and forever release and discharge the City, and all of its predecessors, successors, assigns, representatives, attorneys, agents, elective and appointive council members, council boards, commissions, commissioners, officers, employees, of and from any and all Disputes, Claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in the value of the business, loss of past, current, future and subsequent business and patronage, the value of the leasehold interest, the loss of goodwill, any 1 “Affiliates” shall mean and include, without limitation, all officers, directors, shareholders, members, partners, trustees, parent companies, sister companies, affiliates, subsidiaries, employers, designees, attorneys, accountants, predecessors, successors, insurers, representatives, agents, designees, authorized parties and entities and related entities and individuals of a Party under this Agreement.

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inverse condemnation claims, any claims for the taking of property, and any other damages, costs or expenses arising from any and all Disputes relating to Developer’s parcels that Developer may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.

B. General Release and Discharge of Claims by City. Upon the Effective Date of this Agreement, City, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents, affiliates, elective and appointive council members, council boards, commissions, and commissioners, does hereby fully and forever release and discharge the Developer, and all of its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, of and from any and all Disputes, claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, and any other damages, costs and expenses arising from any and all Disputes relating to Developer’s parcels that City may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.

C. Waiver of Claims. It is the intention of the Parties, in executing this Agreement and receiving the consideration recited herein, that this Agreement will be effective as a full and final accord and satisfaction and general release of all Claims, debts, damages, liabilities, demands, obligations, costs, expenses, disputes, Disputes or causes of Disputes, that the Parties may have against each other by reason of any acts, circumstances or transactions relating in any way to the Disputes. In furtherance of this intention, the Parties hereby acknowledge that they are familiar with California Civil Code §1542 and that they hereby expressly waive the protection of that section, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY

HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

The Parties each waive and relinquish any right or benefit that they have or may have under California Civil Code §1542. That is, the Parties shall not invoke the benefits of California Civil Code §1542, or any such similar law, to prosecute or pursue any Claims released hereunder. In connection with such waiver and agreement, the Parties acknowledge that they are aware that they or their attorney may hereafter discover Claims or facts or legal theories in addition to or different from those which they know or believe to exist with respect to the Disputes, but that it is the intention hereby to fully, finally, and forever settle and release all of the Claims, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed by reason of any acts, circumstances, facts, events, or transactions relating in any way to the Disputes. It is expressly acknowledged and understood by the Parties to this Agreement that the Parties separately bargained for the foregoing waiver of the provisions of §1542 of the California Civil Code. The Parties consent that this release shall be given full force and effect in accordance with each and all the express terms and provisions, including those terms and provisions related to such unknown and unsuspected claims, demands, and causes of Disputes relating in any way to or arising out of the facts and circumstances underlying or connected with the Disputes.

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D. No Representations and Warranties. Each Party represents and warrants to the other that, except as otherwise expressly provided in this Agreement, it is not relying on any representation whatsoever, whether express or implied, including without limitation, representations of fact or opinion made by or on behalf of the Parties herein.

E. Mutual Indemnification. The Developer hereby agrees that it shall indemnify and defend and hold the City and its elected and appointed officials, boards, commissions, officers, agents, attorneys, representative, and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by Developer in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by Developer. The City hereby agrees that it shall indemnify and defend and hold the Developer and its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by City in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by City.

F. No Waiver of Agreement. Nothing herein shall be deemed as a waiver or release of the warranties, representations, rights and obligations of the Parties as set forth in this Agreement.

5. MISCELLANEOUS PROVISIONS.

A. Governing Law/Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Each party agrees that the laws of the State of California shall apply and that any claims brought hereunder shall be subject to the laws and statutes of California. The venue of any legal challenge to this Agreement shall be the San Bernardino County Superior Court or the United States District Court for the Central District of California – Eastern Division.

B. Integrated Agreement. This Agreement and the exhibits attached hereto, which are incorporated into and form a part of this Agreement, contain the entire understanding and agreement between the Parties. No other representations, covenants, undertakings, or other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein, shall be deemed in any way to exist or bind any of the Parties. The Parties acknowledge that this Agreement has been executed without reliance upon any such promise, representation, or warranty not contained herein.

C. Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Parties.

D. Binding on Successors. This Agreement and the covenants and conditions contained herein shall obligate, bind, extend to and inure to the benefit of the Parties and each of their respective successors in interest, including, but not limited to, their administrators, executors, owners, partners, officers, directors, shareholders, legal representatives, assignees, attorneys, successors, and agents or employees of the Parties hereto. Prior to assigning any rights or obligations Developer has or may have with respect to this Agreement to a third party, Developer shall obtain written confirmation

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and deliver to City that such assignee shall be bound by the terms of this Agreement and that such Assignee shall also be entitled to receive the benefits of this Agreement.

E. Representation. The Parties affirmatively represent that they have been represented by counsel of their own choosing. They have read this Agreement and have had the terms used herein and the consequences thereof explained by their attorneys of choice.

F. Construction. This Agreement shall not be construed against the Party preparing it but shall be construed as if all Parties jointly prepared this Agreement. Any uncertainty and ambiguity shall not be interpreted against any one Party. Language in all parts of the Agreement shall be in all cases construed as a whole according to its plain meaning.

G. Attorneys’ Fees and Costs. All attorneys’ fees, expert fees and costs incurred through the date of this Agreement that relate in any way to the Disputes, the negotiation or preparation of this Agreement or any obligations called for herein, shall be borne by the respective Parties and each party agrees to waive any claim, or claims, against the other party for the reimbursement of all, or any portion of said fees or costs. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs.

H. No Admission of Liability. This Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested.

Nothing contained herein shall be construed as an admission by any party of any liability of any kind to the other party. The Parties agree that each party expressly denies that it is in any way liable or indebted to the other party and no person interpreting this Agreement shall be able to infer that any party has engaged in any conduct giving rise to liability to any other party.

I. Gender Neutral. Whenever in this Agreement the context may so require, the masculine, feminine and neutral genders shall be each deemed to include the other and the singular and the plural shall refer to one another.

J. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which shall constitute an agreement to be effective as of the date of signing. Further, signatures transmitted and memorialized by facsimile or electronically shall be deemed to have the same weight and effect as an original signature. The Parties may agree that an original signature will be substituted at some later time for any facsimile or electronic signature.

K. Captions and Interpretations. The paragraph titles and captions are inserted in this Agreement as a matter of convenience. As such, the paragraph titles or captions are not intended to define or describe the scope of any provision.

L. Invalid Clause May Be Severed. If any provision, clause, or part of this Agreement is adjudged illegal, invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

M. Survival of Warranties and Representatives. The warranties and representations made in this Agreement are deemed to survive the execution of this Agreement.

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N. BY SIGNING THIS AGREEMENT, THE PARTIES CERTIFY THAT THEY HAVE

READ IT, THAT THEY HAVE CONSULTED WITH THEIR LEGAL COUNSEL ABOUT ITS EFFECT, AND THAT THEY FULLY UNDERSTAND IT.

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EXHIBITS LIST
EXHIBIT A –Subdivision Improvement Agreements for Tract Nos. 18901, 18479, 19935, 19953, 20170 and 20249
EXHIBIT B – Developer projects and parcels (depicted)
EXHIBIT C-1 – Category A Parcels (previously approved and/or transferred) EXHIBIT C-2 – Category C Parcels (parcels to be developed by Developer) EXHIBIT C-3 – Category D Parcels (accepted as previously remediated) EXHIBIT D – Checklist for Acceptance of Public Improvements/Security Release EXHIBIT E – Bond Reduction and Bond Release Letters

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EXHIBIT A
Subdivision Improvement Agreements

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EXHIBIT B
Description of Developer’s parcels in Dispute
Depiction of Developer’s parcels:

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EXHIBIT C
Developer’s Parcels and Bonds in Dispute
To include:
1) PARCELS ACCEPTED BY THE CITY AS CONSTRUCTED (Category A Parcels): All parcels previously accepted by the City; all parcels previously transferred by the Developer to a homeowner’s association or other private entity; and all parcels on which the plans and specifications for development were approved by the City prior to December 31, 2016.

Project
Name
Tract
Nos.

Principal/
Entity
(A.3) Date
Plans App.
prior to
12/31/16
Total Bond Amt
Outstanding
Bonds to Be
Released
Warranty Bond to
be Posted After
Perf Bond
Released
Date Const.

Commenced
Bond #
McKenna
Park
18479 Richmond
American
Homes
3/2/2015 $1,279,800 $1,279,800 $127,980 05/2016 8239‐51‐95 2) PARCELS TO BE DEVELOPED BY DEVELOPER ACCORDING TO CURRENT GUIDELINES (Category C Parcels):

As to parcels approved by the City from and after January 1, 2017, and thereafter, the City shall accept such improvements, and include them in this Agreement subject to the Developer’s compliance with the City’s ADA Policy on Pedestrian Facilities dated December 3, 2019, and City agrees to permit and approve construction of such improvements, subject to an unanticipated change in field conditions which requires a redesign or reconfiguration.

Project
Name
Tract
Nos.

Principal/
Entity
Category (C)
Date Plans
App. After
12/31/18
Total Bond Amt
Outstanding
Bonds to Be
Released
Warranty Bond   Bond # Curb
Ramps
Sidewalks
(sf)
Gardenside   20170 Richmond
American
Homes
8/3/2020 $1,025,800
(perf)
$1,025,800
upon
completion
$102,580
(already
posted)
SUR0063674
SUR0063675
10 6,295
Gardenside 20270
(17571)
Richmond
American
Homes
(9/16/19)
and 11/2020
‐0‐  ‐0‐  ‐0‐    2 4,575
Parklin 20168
(20164)
Richmond
American
Homes
(1/19/2021) ‐0‐  ‐0‐  ‐0‐    8 11,640
Parklin 20249
(20164)
Richmond
American
Homes
1/19/2021 $279,000 ‐0‐  $27,9000
(already
posted)
K41600718 5 7,500

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3) Category D Parcels (accepted as previously remediated):

All parcels on which the Developer has previously removed and remediated alleged violations, which have been inspected and improved by the City prior to the date of this Agreement.

Project Name Tract
Nos.

Principal/
Entity
(A.3) Date Plans
App. prior to
12/31/16
Total Bond
Amt
Outstanding
Bonds to Be
Released
Warranty
Bond
Bond # Curb
Ramps
Sidewalk (sf)
Pineberry 18479 Richmond
Am. Homes
3/15/2016 $479,000 $431,100 $47,900 1074986 10 13,004
Vineyard 19935 Richmond
Am. Homes
3/15/2016 $740,220 $666,198 $74,022 1074987 27 25,028
Pineberry 19953 Richmond
Am. Homes
3/15/2016 $66,480 $59,832 $6,648 1074988 1 1,895

CATEGORY D
TOTAL
3     $ 1,285,700 $1,157,130 128,570   38 39,3927

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EXHIBIT D
Checklist for Acceptance of Public Improvements/Security Release

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DEVELOPMENT SERVICES DEPARTMENT

CHECKLIST FOR ACCEPTANCE OF PUBLC IMPROVEMENTS/SECURITY RELEASE Items to be completed prior to final acceptance of
public improvements and security release Completed N/A Comments All items in the Conditions of Approval completed
for project
As-Built Drawings provided (PDF)
Legal documents recorded (check all that apply)
Easement/Dedication
Lot Line Adjustment
Final/Parcel Map
Certificate of Correction
Certificate of Compliance
CC&Rs
Other _________________
Fees paid (check all that apply)
Permit Fees
Plan Check Fees
Inspection Fees
In-lieu Fees
Development Impact Fees
Other _________________
Complete undergrounding and/or relocation of
overhead utilities
Approved Street Centerline Ties and Monuments
Monumentation Bond Release Letter Submitted
Street Lights Annexed to Street Light District
Punchlist items completed and verified by City staff
Warranty Bond or Refundable Deposit Provided
“List of Public Improvement Constructed by
Developer” Spreadsheet Provided to City staff
Other:

X
CAD files for all approved public improvement
plans provided
X
X

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. recorded 4/25/16
X
X
X
X
X
X
X
X
submitted on 2/6/20
annexed in 07/2016
LLMD No. 2002-1 Cone 68 TR 18901
attached 08/20/21email from City staff
regarding status of punchlist
RAH to reduce bond down to Warranty
(10%)
Infrastructure Exhibit Provided to City staff
(for City Council staff report)
X submitted 08/12/20
RAH received cash bond refund on 02/25/20
recorded 03/02/16
X N/A because the map doesn’t create
any streets with mapping centerlines.

X Not available
X
McKenna Park - Tract 18901

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DEVELOPMENT SERVICES DEPARTMENT

CHECKLIST FOR ACCEPTANCE OF PUBLC IMPROVEMENTS/SECURITY RELEASE Items to be completed prior to final acceptance of
public improvements and security release Completed N/A Comments All items in the Conditions of Approval completed
for project
As-Built Drawings provided (PDF)
Legal documents recorded (check all that apply)
Easement/Dedication
Lot Line Adjustment
Final/Parcel Map
Certificate of Correction
Fees paid (check all that apply)
Permit Fees
Plan Check Fees
Inspection Fees
In-lieu Fees
Development Impact Fees
Other _________________
Complete undergrounding and/or relocation of
overhead utilities
Approved Street Centerline Ties and Monuments
Monumentation Bond Release Letter Submitted
Street Lights Annexed to Street Light District
Punchlist items completed and verified by City staff
Warranty Bond or Refundable Deposit Provided
“List of Public Improvement Constructed by
Developer” Spreadsheet Provided to City staff
Other:

X
CAD files for all approved public improvement
plans provided
X
X

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. Certificate of Compliance
CC&Rs recorded April 2005
Other _________________
X
X
X
X
X
X
RAH to reduce bond down to Warranty
(10%)
Infrastructure Exhibit Provided to City
staff (for City Council staff report)
Expected completion by 10/31/22
recorded April 2019
X
X
Expected completion by 10/31/22
attached 10/05/22 email from Richmond
regarding status of punchlist
X
waiting on direction from Engineering Dept
X
X
Provided hard copies of as-builts to
Rick Lopez on 10/25/22
Pineberry at The Preserve Tracts 18479 & 19953
Vineyard at The Preserve Tract 19935

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EXHIBIT E
Sample Bond Reduction and Bond Release Letters

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To include:

EXHIBIT C
Developer's parcels and Bonds in Dispute, and
Agreed Remediation Costs
1) PARCELS ACCEPTED BY THE CITY AS CONSTRUCTED (Category A Parcels): All parcels previously accepted by the City; all parcels previously transferred by the Developer to a homeowner's association or other private entity; and all parcels on which the plans and specifications for development were approved by the City prior to December 31, 2016.
(A.3)
(A.2) Date
Tract Principal/ Plans Total Bond Amt Ramps Ramps Ramps Project Name Nos. Entity Private App. Outstanding (Category (Category (Category Lot prior to

A) B) C)
12/31/16
Palisades 17635 Woodside 7/9/13 36 0 0 05S, LP $1,441,800.00 Lot Ty�e of Common Location Turned Over to HOA
Area
A Park Meridian Street Yes - 2015
B Parkway Bickmore Ave. & Yes - 2017
Rincon Meadows Ave.

C Parkway Nature Trail (this is a Yes -2017
street name)
D Parkway Nature Trail (this is a Yes-2017
street name)
E Parkway Nature Trail (this is a Yes -2017
street name)
F Parkway Bickmore Ave. & Mill Yes - 2017
Creek Ave.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: FRED GALANTE, CITY ATTORNEY
SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS IN VARIOUS TRACTS AND DEVELOPMENTS.

RECOMMENDATION
That the City Council consider and accept all public improvements for Tracts: 17055, 17611, 17612, 18693, 18858, 18848, 19949, 17613, 16838, 16838-1, 16838-2, 16838-3, 17891, 17898, 17890, 17899, 17892, 18891, 17893, 17894, 17897, 18972, 17574, 16419, 16420-1, 19980, 17057, 17572, 18480, 19994, 18901, 18479, 19953, 19935, and 17635 in projects completed by KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes, and Woodside Homes, consistent with five separate settlement agreements between the City of Chino and those same developers.

FISCAL IMPACT
Many improvements have been in the field open and available for public use for several years to well over a decade, depending upon the specific development. Prior field approvals of various public improvements were provided consistent with then-operative City policies, practices, and procedures. A number of factors on both the developer side and the City side resulted in delays in submission of the improvements to the City Council for final acceptance. Sufficient funds have been budgeted in the Fiscal Year 2022-23 budget for maintenance associated with the tracts.

Acceptance of the public improvements will move those projects one step closer to final close out. Further, pursuant to the settlement agreements, some developers have agreed to pay the City approximately $360,000 to provide funding for any accessibility improvements to those public facilities that are the City’s responsibility to improve, and which may require correction or remediation in the future. For projects approved on or after January 1, 2020, the developers have agreed to meet all City requirements in effect at the time of the approvals.

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

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

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COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS IN VARIOUS TRACTS AND

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PAGE 2
· Responsible Long-Range Planning

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COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS IN VARIOUS TRACTS AND

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PAGE 3

BACKGROUND
The City Attorney’s office and City staff have been engaged in settlement negotiations with KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes and Woodside Homes (“Developers”) on a large number of tracts in the City of Chino that have accessible elements under the Americans with Disabilities Act and California law. The disputes focus on prior City approvals for construction - some as early as the mid-2000’s through 2020.

Following extensive negotiations, the parties reached agreement on the terms of the settlement of those disputes per the terms of the separate settlement agreements, concurrently submitted to the Council for consideration. Consistent with the terms of the settlement agreements, acceptance of the public improvements in the developments noted in this report will allow for bond exoneration/release, initiation of the required warranty period, and all project close-outs.

Each developer has already completed, or will shortly after acceptance complete, submission of all required documentation and final work, like cap paving, striping, monumentation, and cataloging of as-built plans.

As all of the tracts previously underwent separate environmental analysis in accordance with the California Environmental Quality Act (CEQA), and acceptance of the tracts is a nondiscretionary action, this action is not a project as defined by CEQA.

ISSUES/ANALYSIS

PROJECT CATEGORIES
As set forth in the companion settlement agreement staff report, each settlement agreement covers improvements for tracts sorted into Categories A, B, and C, based on the time of the plan approval/approval of encroachment permit as follows:
• CATEGORY A: December 31, 2016 or earlier
• CATEGORY B: January 1, 2017 through December 31, 2019 • CATEGORY C: January 1, 2020 and later (January 1, 2019 for Lewis Homes) • CATEGORY D: Previously approved projects with corrections already made For the Category A tracts: The City will accept all improvements without further work or action by the Developers, except administrative closeouts. Once all administrative paperwork has been completely submitted, City Staff will have 45 days to verify all submittals. Thereafter, the City will complete the bond exoneration/release process. The Developers will take out the required warranty security. At the end of the warranty period, the City will release the warranty security within 10 days upon notice received from each of the Developers. After release of the warranty security, no further action will be taken.

For the Category B tracts: Same as Category A, except the Developers will pay an “in lieu” fee to allow the City to make corrections or other remedial work that might be necessary to bring accessible elements into compliance. This was chosen due to the knowledge, skill, and facility with accessibility requirements developed over the past 5 years, and the desire of the developers to be “off the projects.” The payments received by the Developers are not restricted, and the City has the discretion on how to program the monies in terms of remediation priorities.

However, per Council direction, these funds will be earmarked for the construction of the

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COUNCIL MEETING DATE: NOVEMBER 15, 2022
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identified improvements.

Tracts in Categories C and D will be brought before Council for acceptance at a later date, once all public improvements have been completed.

Acceptance of the projects as complete resolves a significant backlog of approved but not yet accepted public improvements that have been in use by the public for several years to almost two decades. All improvements for the projects listed below have been approved by field staff in the past, have been open and available for public use in the meantime, have completed or are in the process of completing final document submittals, and are recommended for acceptance.

Acceptance will also allow the City to fully integrate all improvements into maintenance and asset schedules, ensuring the proper provision of public services to residents in these areas.

KB HOMES
Birchwood/Greenbriar: Tract No. 17055
Cantata: Tract No. 17611
Ariatta: Tract No. 17612
Lynbrook: Tract No. 18693
Turnleaf: Tract No. 18858

LENNAR HOMES
Edgewood at College Park: Tract No. 18848
Olive Grove at The Preserve: Tract No. 19949
Garden Glenn II: Tract No. 17613
Master Phase 2 at College Park: Tract No. 16838
Master Phase 2A & 2C - College Park: Tract No. 16838
Master Phase 2A - College Park: Tract No. 16838-1
Master Phase 2B - College Park: Tract No. 16838-2
Master Phase 2CA - College Park: Tract No. 16838-3
Hampshire I at College Park: Tract No. 17891
Madison at College Park: Tract No. 17898
Wellesley at College Park: Tract No. 16838-2
Prescott at College Park: Tract No. 17890
Emerson I at College Park: Tract No. 17899
Hampshire II at College Park: Tract No. 17892
Hillsdale at College Park: Tract No. 18891
Cornell at College Park: Tract No. 17893
Emerson II at College Park: Tract No. 17894
Brookhaven at College Park: Tract No. 17897

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University Park: Tract No. 18972
Amelia at The Preserve: Tract No. 17574

LEWIS COMPANIES
The Preserve: Tract No. 16419
Homecoming at The Preserve: Tract No. 16420-1
Homecoming at The Preserve: Tract No. 19980
Westra: Tract No. 17057
Flores: Tract No. 17572
Harvest TPAC: Tract No. 18480
Discovery Park: Tract No. 19994

RICHMOND AMERICAN HOMES
McKenna Park: Tract No. 18901
Pineberry: Tract No. 18479
Pineberry: Tract No. 19953
Vineyard: Tract No. 19935

WOODSIDE HOMES
Palisades: Tract No. 17635

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: DISCUSSION CONCERNING PERMIT PARKING FOR PARKSIDE VILLAGE COMMUNITY AND AN UPDATE TO THE MUNICIPAL CODE.

RECOMMENDATION
That the City Council receive and file a report regarding a request by the Parkside Village Community for establishment of a residential permit parking area and discuss staff recommendations on changes to Section 10.29 of the Chino Municipal Code concerning residential permit parking.

FISCAL IMPACT
There is no fiscal impact as this action is informational.

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

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

9.16 NEW BUSINESS Packet Pg. 961
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: DISCUSSION CONCERNING PERMIT PARKING FOR PARKSIDE VILLAGE

COMMUNITY AND AN UPDATE TO THE MUNICIPAL CODE
PAGE 2

BACKGROUND
Permit parking was first established in the City of Chino in 1975 to address parking concerns around Chino High School. Since then, permit parking areas have also been established adjacent to Don Lugo High School, Ramona Junior High School and Walnut Elementary School.

These Residential Permit Parking Areas (RPPA) addressed out-of-area school-related parking impacts to adjacent residential neighborhoods.

The Parkside Village Community is located on the east side of Yorba Avenue halfway between Chino Avenue and Riverside Drive. The community has a single non-gated entrance on Doheny Drive and contains 59 single family homes. The community is surrounded by medium to high density residential, commercial and retail land uses. The residents of this community have a Home Owners Association that sees to community needs including the maintenance of a private community park. The streets within the community are public streets maintained by the City.

The residents of Parkside Village have been working with staff to address multiple quality of life concerns including concentrated on-street parking near the entrance of the community. Staff including the Police Department, Public Works Services, and the Transportation Division have been involved in multiple requests for service related to on-street vehicle parking and public roadway maintenance. To assist the residents in addressing non-community parking in their neighborhood, the residents of Parkside Village have submitted to the City a petition to request the establishment of permit parking in their community.

ISSUES/ANALYSIS
To help alleviate the Parkside Village Community’s concerns of on-street parking, staff analyzed and modified red curb parking restrictions along Yorba Avenue between Chino Avenue and Riverside Drive to increase the amount of available public parking in the area. While these efforts have helped, the Parkside Village Community continues to experience on-street parking by residents that do not live within the community but rather from the adjacent apartment complexes and other dense residential areas. As such, the community continues to desire permit parking to help address this parking issue.

Staff reviewed Chino Municipal Code Section 10.29, which describes the establishment and operational requirements of residential permit parking areas. During this review, inconsistencies were discovered with some parts of the code. Fees for permits and fines for citations in violation of the code require updates to be consistent with current adopted amounts. Further, some of the code's current language was found to be difficult to follow. While the purpose and intent of the code is clear, the rationale for required findings leaves broad subjectivity. Staff intends to review the findings to determine if more quantifiable findings would help staff reduce subjectivity. With these discoveries, staff is recommending an update to the code to address these inconsistencies, modernize the code, and provide clearer direction to staff. The residential parking environment of today has evolved from the needs required years ago. Staff is also concerned about potential widespread proliferation of residential parking requests Citywide and the impacts that may have on City resources and Chino's strong sense of community.

Currently, the Code requires that when permit parking is formally requested, a study is to be commissioned and reviewed by the City Council for consideration. Staff has completed that study and intends to present it at the December 6, 2022 City Council meeting. At that meeting the City Council will then determine if findings have been made to consider the establishment of permit parking within the Parkside Village community. If that finding is made, Council will set a

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SUBJECT: DISCUSSION CONCERNING PERMIT PARKING FOR PARKSIDE VILLAGE

COMMUNITY AND AN UPDATE TO THE MUNICIPAL CODE
PAGE 3
public hearing within 45 days to consider a resolution to establish permit parking within the Parkside Village community. Prior to the public hearing, staff will post a public notice in the Chino Champion twice, post public notice signage at the site, and at the Council's request, send mailed notices to residents likely to be impacted by permit parking. If Council decides to set the public hearing, the anticipated City Council meeting date would be January 17, 2023.

While the City Council considers the permit parking establishment within the Parkside Village Community, staff will concurrently work with the City Attorney to draft an update to Section

10.29 of the Chino Municipal Code to address the concerns stated above. The updates to the code will not prevent the Parkside Village request from continuing, rather the code update will provide staff an opportunity to ensure validated out-of-area parking issues can continue to be addressed with permit parking through a comprehensive and strategic process while limiting its potential to be overused creating undesirable neighborhood specific permit parking areas Citywide.

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Revenue: Expenditure: 6508310-48005-NC831
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: AWARD OF CONTRACT AND APPROPRIATION - FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION PROJECT.

RECOMMENDATION
1) Award a construction contract in the amount of $210,702 to Interior Demolition Earthwise Demo JV, Montrose, CA for the Former Fire Station No. 1 and Monte Vista Park House Demolition Project; 2) authorize expenditures of up to $21,070 for construction project contingencies, for a not-to-exceed potential contract amount of $231,772; 3) appropriate $231,772 to the Building Management Fund with a year-end transfer from the General Fund reserves; 4) establish a non-capital project number NC831 for tracking; and 5) authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation of $231,772 to the Building Management Fund with a year-end transfer from the General Fund reserves. There is sufficient General Fund reserves for this project.

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

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

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COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: AWARD OF CONTRACT AND APPROPRIATION - FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION PROJECT
PAGE 2

BACKGROUND
In Fiscal Year 2021-22, City Council adopted the City of Chino’s Strategic Plan Goals identifying 17 projects set forth by Council. One of the goals listed is the demolition of former Fire Station No. 1, located at 13251 Central Avenue, and the Monte Vista Park house, located at 13146 Monte Vista Avenue.

In November 2011, Fire Station No. 1 and Training Center was completed and opened to the public with the former Fire Station No. 1 facility being vacated. Since then, the former Fire Station has remained vacant and has been boarded up due to recurring break-ins. Staff was directed to obtain bids for the demolition of former Fire Station No. 1.

The project scope of work for the former Fire Station No. 1 includes demolition of a 10,036 square foot two-story building, foundation, concrete, asphalt, vehicle rolling gate, block wall, miscellaneous material, vegetation, and site leveling of the 46,000 square foot parcel.

Former Fire Station No.1 was built in 1950. Due to the age of the building, staff elected to have the building tested for hazardous materials. The results of the testing determined the building material contained asbestos and lead in various locations throughout the facility. Therefore, the additional scope of work will include remediation of hazardous material and proper disposal.

In addition, staff was directed to obtain bids for the demolition of the Monte Vista Park house, which was purchased by the City in April 2021. The purpose of purchasing the property is for the future expansion of Monte Vista Park, including additional park amenities, landscape and irrigation, and expansion of the existing parking lot.

The Monte Vista Park house was built in 1945. Due to the age of the building, staff also elected to have the building tested for hazardous materials. Test results determined asbestos and lead is present in the building materials used to construct the home. The project scope of work for the Monte Vista Park house includes demolition of a 1,453 square foot one-story building and basement, foundation, concrete, vegetation, and any remaining materials from the 18,942 square foot parcel. Additional work will include backfilling the concrete basement, clearing and grubbing, and site leveling.

ISSUES/ANALYSIS
Staff prepared specifications for the project and a Notice Inviting Bids was published on Planetbids. On October 13, 2022, thirteen (13) bids were accepted electronically with the following results:

Company Name Total Bid Amount
1 Interior Demolition Earthwise Demo JV $210,702
2 Resource Environmental, Inc. $233,000

9.17 NEW BUSINESS Packet Pg. 965
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: AWARD OF CONTRACT AND APPROPRIATION - FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION PROJECT
PAGE 3
3 Unlimited Environmental, Inc. $313,200
4 Integrated Demolition and Remediation, Inc. $395,000
5 Danny Ryan Precision Contracting, Inc. $420,455
6 Avsar Construction Development, Inc. $443,900
7 Stallworth Construction and Management Corp. $460,088 8 Pena Construction Services, Inc. $547,050
9 Elka Construction $588,000
10 JT Construction Group, Inc. $650,000
11 Aguilar & Calderon Corporation $675,000
12 Global Builders, Inc. $685,888
13 Nationwide Contracting Services, Inc. $1,275,000
The lowest bid was submitted by Interior Demolition Earthwise Demo JV, Montrose, CA in the amount of $210,702. Staff subsequently reviewed Interior Demolition Earthwise Demo JV contractor’s licenses, bonds, references, and list of sub-contractors submitted for the project and determined them to be a responsive and responsible bidder. In addition to the contract amount, staff is requesting authorization to spend up to $21,070 for construction project contingencies for unanticipated work, bringing the total potential construction contract to $231,772. Staff is also requesting an appropriation of $231,772 to the Building Management Fund with a year-end transfer from the General Fund reserves.

Attachment: Interior Demolition Earthwise Demo JV - Agreement

9.17 NEW BUSINESS Packet Pg. 966
Contract No.:

Approved:

AGREEMENT
FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION

PROJECT
THIS AGREEMENT is made and entered into this 15th day of November, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Interior Demolition Earthwise Demo JV, hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION PROJECT)” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Two Hundred Ten Thousand Seven Hundred Two Dollars and No Cents ($210,702.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within ninety (90) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work

9.17.a
AOC/Appropriation - Former Fire Station No. 1 & MVP Packet Pg. 967 (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any

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AOC/Appropriation - Former Fire Station No. 1 & MVP Packet Pg. 968 successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

9.17.a
AOC/Appropriation - Former Fire Station No. 1 & MVP Packet Pg. 969 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos
Director of Community Services

CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO
Dated:

Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
Date

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Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PURCHASE ORDER APPROVAL - DAVE BANG ASSOCIATES, INC..

RECOMMENDATION
1) Approve a purchase order for Dave Bang Associates Inc., Orange, CA in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2022-23 Operating Budget.

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

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

9.18 NEW BUSINESS Packet Pg. 971
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: PURCHASE ORDER APPROVAL - DAVE BANG ASSOCIATES, INC.

PAGE 2

BACKGROUND
To improve the image and amenities of our City parks, staff has identified items that need replacement. These items include benches, tables, and trash cans throughout all our parks.

This purchase order will be utilized for the following parks: Heritage; Walnut; Villa; Sebring; 7th Street; Oaktree; and Centennial park.

Staff will place future orders for the remaining parks until all of these items are replaced Citywide. This will improve the aesthetics, safety, and usability of our parks improving the quality of life for our residents.

ISSUES/ANALYSIS
To optimize financial resources, the City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies.

This process has been utilized previously to purchase a variety of products and services utilized throughout the City.

On November 10, 2020, (Sourcewell) issued a Request for Proposal (RFP #010521) and conducted a nationwide competitive bid process for the procurement of playground, park, and water play equipment and related accessories and services. The contract term is effective until February 17, 2025.

Consequently, the City contacted Dave Bang Associates Inc., Orange, CA, and requested pricing utilizing Sourcewell’s Contract No. 010521. Therefore, staff recommends that City Council approve a purchase order to Dave Bang Associates Inc., in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans.

Attachments: Sourcewell Contract No. 010521
Dave Bang Associates, Inc. Purchase Order

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010521-LTS
Rev. 10/2020 1
Solicitation Number: RFP #010521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.







 






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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 






 






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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 






 






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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 






 






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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 






 






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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 






 






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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.







 






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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.







 






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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:







 






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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit







 






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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 






 






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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. 






 






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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 






 






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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any 






 






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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.







 






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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PlayPower, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 










 












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Bid Number: RFP 010521 Vendor Name: PlayPower







 






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Bid Number: RFP 010521 Vendor Name: PlayPower







 






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Bid Number: RFP 010521 Vendor Name: PlayPower







 






9.18.a
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Bid Number: RFP 010521 Vendor Name: PlayPower







 






9.18.a
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9.18.a
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1009

9.18.b
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1010

9.18.b
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1011

9.18.b
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1012

9.18.b
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1013

9.18.b
Purchase Order Approval - Dave Bang Associates, Inc. Packet Pg. 1014 Revenue: Expenditure: 5507380-48004/48009-SN231
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. SN231.

RECOMMENDATION
1) Award a Professional Services Agreement in the amount of $128,765.00 to TAIT & Associates Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231 - Alley & Sanitation Rehabilitation at Various Locations; 2) approve design contingency in the amount of $12,876.00 for a potential agreement amount not-to-exceed $141,641.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-2023 Capital Improvement Program for Project No. SN231.

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

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

9.19 NEW BUSINESS Packet Pg. 1015
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. SN231
PAGE 2

BACKGROUND
On August 9, 2022, Public Works staff solicited proposals from on-call engineering firms for Engineering Design and Bid Support Services for Project No. SN231 - Alley and Sanitation Rehabilitation at Various Locations. On August 31, 2022, staff received three (3) proposals in response to the Request for Proposals (“RFP”).

The project includes the reconstruction of Alley No. 16, between Monte Vista Avenue and 5th Street and D Street and C Street. The scope of work will include drive approaches, ADA compliant ramps, curb, gutter, sidewalk, and replacement of 6” Steel water main with new 8” PVC (C905) pipe between Monte Vista Ave and Fifth St. The City’s intention is to have the alleys resurfaced by cold milling and overlaying unless geotechnical report recommends otherwise. The final deliverables will consist of final plans, specifications and cost estimates, PS&E, construction bid support, and preparation of final as-built plans.

ISSUES/ANALYSIS
Staff evaluated the SN231 proposals based on the qualifications of the firm including organization, experience, firm profile, personnel/staffing plan, project references, understanding of the assignments, work plan, and demonstrated technical ability, as described in the RFP, and selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below.

RANK CONSULTANT LOCATION
1 TAIT & Associates, Inc. Santa Ana, CA
2 Ardurra Group, Inc. Newport Beach, CA
3 CWE Fullerton, CA
Therefore, it is staff’s recommendation to the City Council to approve a Professional Services Agreement in the amount of $128,765.00 to TAIT & Associates, Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231 - Alley & Sanitation Rehabilitation at Various Locations. Staff also recommends that Council authorize the City Manager to approve expenditures of up to $12,876.00 for design contingencies, bringing a total potential contract amount not to exceed $141,641.00.

Attachment: Tait & Associates, Inc. Agreement

9.19 NEW BUSINESS Packet Pg. 1016
Project Name/No.: SN231 – Alley/Sanitation Contract No.: _____________ Rehabilitation FY2022-23
Various Locations

Project Manager: M. Fraser Approved: ______________
01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

TAIT & ASSOCIATES
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 15
th day of November, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Tait & Associates, 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 Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability,

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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other 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 subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.

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(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to

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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits 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 and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by

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Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this 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 that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Twenty Eight Thousand Seven Hundred Sixty Five Dollars and Zero Cents ($128,765.00) (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, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

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(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

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3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of 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 an additional two (2) additional one (1) year terms at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
______________________ _____________________
(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 devoting sufficient 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 staff 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 rights to retirement, 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 the CIP Engineering Manager, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,

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supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 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 inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage 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 subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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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 Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured

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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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and 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 this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or 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 support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (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 admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in 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 shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the 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 from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or 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 time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be

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deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance 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 sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of 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 understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this

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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 which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) 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 Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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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
Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works CONSULTANT:

TAIT & ASSOCIATES, 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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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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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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EXHIBIT “A-1”

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EXHIBIT “B”

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

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EXHIBIT “C”

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

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

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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EXHIBIT “C-1”
NOT-TO-EXCEED TOTAL AGREEMENT AMOUNT = $128,765

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Professional Services Agreement - Engineering and Packet Pg. 1050 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 schedule attached hereto as Exhibit “D-1”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.

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Professional Services Agreement - Engineering and Packet Pg. 1051 01225.0001/458446.1 D-2
EXHIBIT “D-1”

SCHEDULE

9.19.a
Professional Services Agreement - Engineering and Packet Pg. 1052

CITY OF CHINO
SN231 Alley Rehabilitation Projects
B ST
C ST
D ST
CHINO AVE 4TH ST 5TH ST 2ND ST 3RD ST MONTE VISTA AVE CENTRAL AVE PIONEER ST

9.19.b
Professional Services Agreement - Engineering and Packet Pg. 1053 Revenue: Expenditure: 3207100 & 3227190 - 48005 | 48008 | 48009 - TR151 3267101 - 48005 | 48008 | 48009 -
G7023
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: CONTRACT CHANGE ORDER FOR EDISON AVENUE TRAFFIC SIGNAL

MODIFICATIONS AND INTERCONNECT/COMMUNICATIONS PROJECT (TR 151/HSIP).

RECOMMENDATION
1) Approve a contract contingency increase with KDC, Inc., DBA, Dynalectric, Los Alamitos, CA, contract 2020181, in the amount of $57,115.80 for a revised not-to-exceed contingency amount of $202,189.80; 2) approve a contract change order in the amount of $90,000; 3) authorize the City Engineer to file a Notice Of Completion (NOC) upon final payment; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Capital Improvement Program budget for Project TR 151. The project was completed within the approved TR 151 project budget.

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

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

9.20 NEW BUSINESS Packet Pg. 1054
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: CONTRACT CHANGE ORDER FOR EDISON AVENUE TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT/COMMUNICATIONS PROJECT (TR 151/HSIP) PAGE 2

BACKGROUND
City of Chino Transportation staff applied for and received a Federal Grant for Highway Safety Improvement Program (HSIP) funds for design and construction required to modify three (3) traffic signals on Edison Avenue (at the intersections of Ramona, Yorba, and Monte Vista Avenues) in the amount of $953,500. Modifications consisted of the installation of left turn phasing and upgrade equipment. In addition, the project included the installation of communications equipment at each traffic signal located along the following routes: Edison Avenue from Monte Vista Avenue to Spectrum West, Pipeline Avenue from Edison Avenue to Chino Avenue, and Chino Avenue from Pipeline Avenue to City Hall. Upon final construction, the traffic signals were to communicate with the traffic signal master control system. This fiber optic backbone will be utilized by the Police Department to expand their License Plate Reader program.

On November 19, 2019, City Council awarded a construction contract to KDC, Inc. dba Dynalectric, Los Alamitos, CA in the amount of $1,450,737 for the construction of the Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project (TR 151) and authorized expenditures for contingencies in the amount of $145,074, for a not-to-exceed potential total contract amount of $1,595,811.

Throughout the project’s construction, the city approved five (5) Contract Change Orders (CCO) to address various unforeseen field conditions. The final CCO addressed “punch list” items which required additional concrete, asphalt, pedestrian push button assembly, and appurtenant work needed to retrofit the three intersections, twelve corners, and twenty-four ramp areas of the project. These changes bring the project in compliance with City’s current Accessibility Policy which was adopted after the award of contract. All traffic signal modifications, interconnect/communications, curb ramp, striping, and appurtenant project improvements have been constructed.

In response to the necessary additional work requested, KDC, Inc. dba Dynalectric submitted their cost to staff to complete the project to satisfy the “punch list”. Staff reviewed the cost incurred by the Contractor and extensively negotiated the cost to $90,000 (CCO#6).

ISSUES/ANALYSIS
All work has been completed per the terms of the contract. Since $32,884.20 in contract contingencies remains unexpended, staff is recommending an increase of $57,115.80 in contract contingencies for a total not-to-exceed contract amount of $1,652,926.80 to complete the Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project (TR 151). The additional $57,115.80 will cover the CCO6 for $90,000, and no additional project budget appropriations are necessary.

Original Construction Contract Amount $1,450,737.00
Contract Change Order No. 1 $1,675.07
Contract Change Order No. 2 $584.34
Contract Change Order No. 3 $82,624.73
Contract Change Order No. 4 (Term only) $0.00
Contract Change Order No. 5 $27,305.66
Contract Change Order No. 6 $90,000.00

9.20 NEW BUSINESS Packet Pg. 1055
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: CONTRACT CHANGE ORDER FOR EDISON AVENUE TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT/COMMUNICATIONS PROJECT (TR 151/HSIP) PAGE 3
Final Construction Contract Amount $1,652,926.80
KDC, Inc. dba Dynalectric, Los Alamitos, CA has complied with the terms of the contract. A Notice of Completion will be filed with the San Bernardino County Recorder’s Office upon final payment, and the retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion
Change Order Request

9.20 NEW BUSINESS Packet Pg. 1056

9.20.a
CHANGE ORDER - EDISON AVENUE TRAFFIC SIGNAL Packet Pg. 1057

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 November 15, 2022

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

KDC, Inc. dba Dynalectric
(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:

Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project (TR 151)

10. The street address of said property is
Ramona Avenue and Edison Avenue, Yorba Avenue and Edison Avenue, Monte Vista Avenue and Edison Avenue, Chino Avenue, Pipeline Avenue, Grand Avenue, Edison Avenue SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

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 November 15, 2022, at City of Chino, California Amer Jakher
Director of Public Works

9.20.b
CHANGE ORDER - EDISON AVENUE TRAFFIC SIGNAL Packet Pg. 1058