Agenda packet — Chino City Council, May 16, 2023

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Coun cil, are invited fill out and submit to the Ci ty Clerk a “Request to Spe ak” form (name and address optional) which is available at the entrance to the City Council Chambers .

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

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be mad e available in the City Clerk’s Office during no rmal business hours at Cit y Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY MAY 16, 2023

CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM

AGENDA

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the Ci ty Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino City Hall Confidential Employee Association, Chino Polic e Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 -Professioinal, Technical and Cle rical, American Federation of State, County and Municipal Employees (AFSCME District Council 36 -Local 3183)

FLAG SALUTE

CHINO CITY COUNCIL
MAY 16, 2023 2

CEREMONIALS
Proclamations
National Public Works Week May 21-27, 2023
Presentations
Recognition of the 2023 Hall of Fame Award Recipients Howard Cattle and Dorothy Wolfert Grier
Recognition of the Teen Advisory Committee Members:
• Gabriela Gandara, Chairperson (Senior) • Enrico Hernandez • Lizzet Luna, Vice Chairperson (Senior) • Matthew Lee
• Hannah Finkbeiner, Secretary (Senior) • Luis Magallanes • Manuel Avalos (Senior) • Bridget Moore
• Madeleine Ramirez (Senior) • Elena Rossen
• Kendall Baldrias • Bella Zhong

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report May 2023
Legislative Update

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Coun cil about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken o n any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no m ore than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time , members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 765250 to 765472, and Electronic Fund Transfers 517238E to 517311E, totaling $4,633,936.77.

CHINO CITY COUNCIL
MAY 16, 2023 3

2. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council busin ess related expenses incur red by the City and forecast of future events and trainings.

3. Award of Contract - Senior Center Phase I Project ( PF192). Award a construction contract in the amount of $47,800.00 to Commercial Door Metal Systems, Inc., Chino, CA for the Senior Center Phase I project (PF192).

4. Award of Contract - Senior Center Furniture Replacement Project (IB238) . Award a contra ct in the amount of $87,169.59 to New Tangram Interiors, LLC, Newport Beach, CA for the Senior Center Furniture Replacement project (IB238).

5. Notice of Completion - Former Fire Station No. 1 and Monte Vista Park House Demolition Project. Accept the For mer Fire Station No. 1 and Monte Vista Park House Demolition project by Interior Demolition Earthwise Demo JV, Montrose, CA as complete.

6. Notice of Completion: SD153 - 3-System Storm Drain . Accept the 3 -System Storm Drain Project (SD153) as complete, a uthorize the Director of Public Works to file a Notice of Completion.

NEW BUSINESS

7. Introduction of Ordinance No. 2023-0 12. Approve the introduction of Ordinance No. 2023-012 to change the Community Services Commission terms from three-years to four-years.

Staff Report by: Silvia Avalos, Director of Community Services.

RECOMMENDATION: Approve the introduction of Ordinance No. 2023-012, to change the Community Services Commission terms from three-years to four-years to align with the Planning Commission, to be read by title only and waiving further reading of the Ordinance.

ORDINANCE 20203-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES COMMISSION)

OF THE CHINO MUNICIPAL CODE
M _____ S _____ RC _____

8. Amendment to the Construction Credit/Reimbursement Agreement for the Pine Avenue Improvements - Phase I, Stage 1-3 & Stage 4. Approve an amendment to the construction credit/reimbursement agreement with Chino Preserve Development Corporation to add $84,050 for additional street improvements to the Pine Avenue Street Improvements Phase 1 (Stages 1- 3) & Stage 4.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Appropriate $84,050 from the unappropriated reserves of the Road Repair and Accountability Act Fund 327; 2) amend project ST203 (Pine Avenue Improvements - Stage 4 to include the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project; 3) increase the credit/reimbursement agreement with Chino Preserve Development Corporation by $84,050 for a total agreement not to exceed $3,023,745 and a revised total project budget of $3,918,113; 4) approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation for the Pine Avenue Improvements - Phase I, Stages 1-3 & Stage 4 to include the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project for an amount not to exceed $84,050 for a total contract amount of $16,789,318; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

M _____ S _____ RC _____

CHINO CITY COUNCIL
MAY 16, 2023 4

9. Professional Services Agreement - Chino Spectrum Traffic Study (MS232) . Award a Professional Services Agreement with Iteris, Inc, Los Angeles, CA for Engineering Design and Bid Support Services for Project No. MS232 - Chino Spectrum Traffic Study.

Staff Report by: Dennis Ralls, City Traffic Engineer.

RECOMMENDATION: 1) Award a Professional Services Agreement in the amount of $145,005 with Iteris, Inc, Los Angeles, CA for Engin eering Design and Bid Supp ort Services for Project No. MS232 - Chino Spectrum Traffic Study; 2) approve design contingencies of $4,995, for a potential agreement amount not -to-exceed $150,000; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

10. Authorize a Vendor Purchase Order for Police Vehicles . Approve a purchase order to Brannen Motors, Unadilla GA in the amount of $561,890.25, for the purchase of ten (10) Model Year 2023 Ford E xplorer utility intercepto rs, and one (1) Model year 202 3 Ford F -150 Police responder truck for the Police Department
Staff Report by: Keith Martinez, Assistant Public Works Services Manager.

RECOMMENDATION: 1) Approve a purchase order to Brannen Motors, U nadilla GA in the amount o f $561,890.25, for the purchas e of ten (10) Model Year 2023 Ford Explorer utility interceptors, and one (1) Model year 2023 Ford F -150 Police responder truck for the Police Department, waiving formal bidding requirements; 2) Set t he vendor cap for Brannen Motors to $577,000.00; 3) Auth orize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Mee tings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa

11. Community Su pport Fund . Approve Community Support Contributions to various non -profits and community groups that benefit the Chino Community.

Staff Report by: Mayor Ulloa.

RECOMMENDATION: Approve community support fund contributions to: Chino American Little League ($500), Chino Boxing Club ($500), Chino Girls Fastpitch ($250), Chino Kiwanis Club ($500), Chino Mounted Posse ($1,000), Chino National Little League ($500), Chino Neighborhood House ($2 50), Chino Poli ce Officers Foundation ($2 50), Chino Youth Museum ($250), Don Lugo High School’s Future Farmers of America ($250), Isaiah’s Rock ($250), Monte Vista ($250), and UCHOOZ Positive Youth ($250).

M _____ S _____ RC _____
Mayor Pro Tem Comstock

12. Community Support Fund . Approval of Community Support Contributions to numerous non - profits and community groups that directly benefit the Chino Community.

CHINO CITY COUNCIL
MAY 16, 2023 5
Staff Report by: Mayor Pro Tem Karen C. Comstock.

RECOMMENDATION: Approve community support fund contributions: to Chino Girls Fastp itch ($250), Chino High School Sports Boosters ($250), Chino Kiwanis Club ($250), Chino National Little League ($500), Chino Police Explorer Post #211 ($250), Chino Police Officers Association ($500), Chino Valley Fire Foundation, Inc. ($500), Chino Valley Soroptimist ($500), Chino Youth Boxing Foundation ($250), Chino Youth Museum ($250), Don Lugo High School Sports Boosters ($500), Isaiah’s Rock ($250), Rancho Del Chino Rotary Club ($250), UCHOOZ Positive Youth ($250).

M _____ S _____ RC _____
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, June 6 , 2023 at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, May 11, 2023 this agenda was posted on the south window of Chino Ci ty Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.

5.b
Proclamation: National Public Works Week
Packet Pg. 7
www.hdlcompanies.com | 888.861.0220
Q4 2021
Q4 2022
Legend
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000

SALES TAX BY MAJOR BUSINESS GROUP
Business
and
Industry
County
and State
Pools
General
Consumer
Goods
Building
and
Construction
Restaurants
and
Hotels
Autos
and
Transportation
Fuel and
Service
Stations
Food
and
Drugs
TOP 25 PRODUCERSCITY OF CHINO HIGHLIGHTS
Published by HdL Companies in Spring 2023

SALES TAX UPDATE

CITY OF CHINO
4Q 2022 (OCTOBER - DECEMBER)
ARGOS Material
Distribution
Best Buy
Chevron
Chino Hills Ford
Circle K
Corona Millworks
Creative Bus/RV sales &
repairs
Curacao
Fischer Scientific
Home Depot
Kohls
Main Electric Supply
McKesson Medical
Supply
McKesson Medical
Surgical
Metrie El & El
MK Smith Chevrolet
Nordstrom Rack
Redbuilt
Ross
Sam’s Club
Sika Chemical
Corporation
Stater Bros
Target
TJ Maxx
Walmart Supercenter
Chino’s receipts from October through
December were 1.1% below the fourth
sales period in 2021. Cash comparisons
are skewed negative due to missing
taxpayer payments this quarter and
doubled-up year ago filings. Excluding
reporting aberrations, actual sales
increased 3.1%.

The business-industry group contributed
the largest portion of the gain, up
$214,000; strong sales from textiles/
furnishings, business services and
segments deemed confidential for this
newsletter overcame a 2% decline from
medical/biotech companies.

Comparisons for autos-transportation
confirmed 10% local merchant’s growth
was above both state and countywide
trends. Out of state merchants specializing
in business to business transactions
boosted the pool distribution.

Newly opened venues over the past year
coupled with higher menu prices passed
along to patrons drove restaurant-hotels
up 11%; quick service and casual dining
eateries led the way.

Shoppers worried about ongoing
economic uncertainties pulled back
on discretionary spending; discount
department, apparel stores remitted
smaller returns.

Partially paid tax returns explain the
fuel-service station declines. Demand
reduction for plumbing-electrical supplies
pulled the building-construction group
down from year-ago totals.

Net of aberrations, taxable sales for all
of San Bernardino County grew 4.1%
over the comparable time period; the
Southern California region was up 5.1%.

TOTAL: $ 9,155,154

3.1% 4.1% 4.7%

COUNTY STATE
CHINO
4Q2022

8.a
Economic Development Report May 2023
Packet Pg. 8

TOP NON-CONFIDENTIAL BUSINESS TYPES
Q4 '22*
Chino
Business Type Change Change Change
County HdL State

5.8%-8.0%-16.6% 2,211.5 Medical/Biotech

15.8%12.7%-1.3% 591.7 Discount Dept Stores

9.2%9.9%3.1% 464.1 Contractors
-1.6%-5.0%-17.6% 403.9 Service Stations

2.6%-3.4%10.4% 322.8 Building Materials

3.5%3.1%15.2% 288.4 Quick-Service Restaurants

7.7%3.8%9.1% 268.2 Casual Dining

4.4%11.5%21.3% 260.1 Light Industrial/Printers

10.6%10.4%0.7% 168.7 Electronics/Appliance Stores
-19.1%-15.7%-47.0% 134.0 Family Apparel
*In thousands of dollars

REVENUE BY BUSINESS GROUP
Chino This Calendar Year*
14%
Cons.Goods
2%
Food/Drug
5%
Fuel
14%
Pools
6%
Restaurants
5%
Autos/Trans.
13%
Building
40%
Bus./Ind.
*ADJUSTED FOR

ECONOMIC DATA
SALES TAX UPDATECITY OF CHINO4Q 2022

STATEWIDE RESULTS
California’s local one cent sales and use
tax receipts for sales during the months
of October through December were 4.7%
higher than the same quarter one year ago
after adjusting for accounting anomalies.

A holiday shopping quarter, the most
consequential sales period of the year,
experienced solid results which lifted
revenue to local agencies across the State.

Overall, general consumer goods
growth was up a meager 1.8%, in large
part from merchants also selling gas
as prices remained elevated over last
year. Otherwise, many brick and mortar
retailers experienced mixed results as the
phenomenal prior year activity made for an
extremely difficult comparison. This was
especially true for jewelry stores receipts
which had soared tremendously after the
pandemic as consumers diversified readily
available cash into other assets.

Commuters and seasonal travelers were
again burdened with gas prices above $5
per gallon in most of the State, leaving fuel-
service stations 10% higher than a year
ago. However, this trend did not distract
from spending at local restaurants and
hotels. Increased menu prices and return-
to-office workplaces enhanced gains, with
the Bay Area experiencing it’s greatest
amount of post-pandemic rebound.

Although inventory shortages negatively
impacted unit sales and leasing activity
throughout 2022, year-end returns by new
car dealers, especially high-end luxury and
electronic/hybrid brands, sustained auto-
transportation sector gains. In contrast,
rising interest rates and higher gas
prices pulled trailer-RV revenues lower.

Steady housing demand and pend up
construction projects delayed by supply
chain interruptions have contractors
contributing the majority of growth
within the building-construction sector.

With rising interest rates tempering selling
activity, property owners are still likely to
maintain home improvement spending.

Use taxes remitted via the countywide
pools rose a scant 0.3%. While national
ecommerce spending behaviors climbed
upward again, expansion of more in-state
fulfilment centers plus retailers using
existing locations to deliver goods tied
to online orders shifted taxes away from
pools. The offsetting effect was these
dollars being directed to local agency’s
coffers where the goods resided. This
evolving trend is anticipated to persistently
weaken taxes coming from the pools in the
near term.

Looking back, calendar year 2022 exhibited
a 9.5% surge in tax receipts compared
to 2021. Each of the eight major tax
categories all reported greater returns.

Most influential was inflation that drove
up prices on everything from normal daily
purchases to vehicles. Secondarily, all-time
peak global crude oil costs had fuel seller’s
payments skyrocketing.

Heading into 2023, additional interest
rate hikes along with consumer sentiment
waning about the economy foretells
minimal change coming from California’s
taxable sales in the months ahead.

8.a
Economic Development Report May 2023
Packet Pg. 9

APRIL 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 2023

1 Unemployment Rate March 2023 3.8%
New Business Licenses April 2023 77
Retail Vacancy April 2023 6.6%
Industrial Vacancy Q1, 2023 1.8%
Office Vacancy April 2023 1.8%
Sales Tax Revenue Q4 2022 4.7%

UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have remained the same from 3.8% to 3.8% from March 2023 to April 2023. *EDD, www.labormarketinfo.edd.ca.gov

City Feb Mar
Chino Hills 3.0% 3.0%
Rancho 3.4% 3.3%
Eastvale 3.4% 3.6%
US 3.6% 3.6%
Upland 3.7% 3.7%
Montclair 3.7% 3.7%
Chino 3.8% 3.8%
Ontario 4.1% 4.1%
Fontana 4.2% 4.3%
California 4.3% 4.4%
SBCO 4.5% 4.5%

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Unemployment 2014 - March 2023
Unemployment rates in Chino have
remained the same at 3.8% from March
2023 to April 2023. *EDD,
www.labormarketinfo.edd.ca.gov

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

8.b
Economic Development Report May 2023
Packet Pg. 10

APRIL 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 2023

2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between April 1 and April 30, 2023, the City processed 77 new business licenses. Within the City 23 new businesses have opened new storefronts within the City of Chino. * Munis Business License Report

NEW BUSINESSES IN THE CITY THIS MONTH
AEROSPORT FUEL CELLS, LLC 7000 MERRILL AVE RUBBER MANUFACTURER BABES PIZZA CO 12207 CENTRAL AVE CATERER
BODY VIBRATIONS 12562 CENTRAL AVE RETAIL STORE
CASCO PET 4331 SCHAEFER AVE WHOLESALE GOODS
CELLPAK 15940 EUCLID AVE WAREHOUSING AND STORAGE
CLOUD SOURCING INTL 5611 KIMBALL CT WHOLESALE VEHICLE PARTS EXCELLENT CARE HOME HEALTH 13139 CENTRAL AVE HOME HEALTH CARE SERVICES FABTECH MOTORSPORTS 12480 EAST END AVE MOTOR VEHICLE PARTS MFG GOCHOO 4024 GRAND AVE LMTD SERVICE RESTAURANT
0 10
20 30
40 50
60 70
80 90
Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 New Business Licenses
0 5
10 15
20 25
30 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 Chino Business Licenses

8.b
Economic Development Report May 2023
Packet Pg. 11

APRIL 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 2023

3 GOLFPLUS INC 14151 PIPELINE AVE AMUSEMENT RECREATION SERVICE GRACE DOORS, INC. 13905 RAMONA AVE LUMBER AND CONSTRUCTION MATERIALS HELLO SKIN 13788 ROSWELL AVE PERSONAL SERVICE
HH STUDIO ARCHITECTS 13841 ROSWELL AVE ROOFING CONTRACTORS JG COMPANIES 15632 EL PRADO RD GENERAL CONTRACTOR
PLUMBING METHOD 14144 CENTRAL AVE PLUMBING/HVAC CONTRACTOR PREMIER RENOVATIONS 5670 SCHAEFER AVE CONTRACTOR
SAMRA TRANSPORT INC 5165 G ST WAREHOUSING AND STORAGE
TRUE CARE ESTHETICS 4085 GRAND AVE PERSONAL SERVICES
VERONICAS INSURANCE 12449 CENTRAL AVE INSURANCE AGENCY
WAHLCO INC 4774 MURRIETA ST BUSINESS SERVICES
WEBER LOGISTICS 15989 CYPRESS AVE WAREHOUSING AND STORAGE YING YANG TEA 4110 EDISON AVE LMTD SERVICE RESTAURANT

RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for April 2023 is 6.6%, which is much lower than the previous month. The City has 141,000 square feet of new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%
Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 Retail Vacancy Last 12 Months

8.b
Economic Development Report May 2023
Packet Pg. 12

APRIL 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 2023

4 INDUSTRIAL VACANCY

OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate is 1.8% which is lower than the last month for the Chino Valley office market, which accounts for 6% of the Inland Empire. The market garners a hefty $2.25 per square foot, and consists of a total of 1.6 M square feet of office and corporate headquarters space. There are 25 thousand square feet in office buildings under construction. *CoStar

$1.78 $1.70 $1.69
$1.56 $1.63 $1.58

1.80%

1.00%

5.00%

1.10%

1.90%

0.80%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
$1.70
$1.90
Chino Ontario Fontana Rancho Inland Empire Eastvale
Industrial Rate and Vacancy as of Q1 2023
Dollar
Rate
Vacancy
Percent

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%
Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 Office Vacancy Last 12 Months
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 822,608 square feet of industrial space under
construction. Chino continues to have one of the
lowest vacancy rates in the region at 1.8%. Vacancy
rates for Q1 2023 has risen slightly in Chino since the prior quarter. Chino garners a per square foot rate at
$1.78. *Colliers Market Research

City Dollar
Rate
Vacancy
Percent
Chino $1.78 1.80%
Ontario $1.70 1.00%
Fontana $1.69 5.00%
Rancho $1.56 1.10%
Inland Empire $1.63 1.90%
Eastvale $1.58 0.80%

8.b
Economic Development Report May 2023
Packet Pg. 13

APRIL 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MAY 2023

5 RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 190 single family residences currently under construction, 254 multi-family units under construction, and 287 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
The City has had permits pulled for 31 ADU’s thus far for fiscal 2022/2023. *Development Services Department

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

8.b
Economic Development Report May 2023
Packet Pg. 14
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 1 ends

Assembly
Bill (AB) |
Senate
Bill (SB)
Number
Author Title and Proposed Change to Law Committee Location AB 40 Assembly
Member
Rodriguez
Emergency medical services:

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Eme rgency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Existing law makes a violation of the act or regulatio ns adopted pursuant to the act punishable as a misdemeanor.

This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receiv es notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bil l would require the authority to develop a statewide standard of 20 minutes, every local EMS agency to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as n eeded, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adop t emergency regulations to implement these provisions on or before March 1, 2024.

The bill would require a general acute care hospital with an emergency department to develop, in consultation with its emergency department staff, an ambulance patient offload time reduction protocol by June 1, 2024, that addresses specified factors, including, amo ng other things, mechanisms to improve hospital operations to reduce ambulance patient offload time. The bill would require the hospital to file its protocol with the authority and to report annually any revisions to its protocol. The bill would require th e authority, on or after March 1, 2024, to monitor monthly ambulance patient offload time data for each facility. The bill would require the authority to, among other things, r eport ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Medical Services if, on or after July 1, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the sta tewide standard of 20 minutes, 90% of the time.

The bill would additionally require local EMS agencies to create, in collaboration with local hospitals, a joint plan to respond to surges in demand for medical services and to submit the joint plans to the authority on or before March 1, 2024.

Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state- mandated local program.

Existing law, the Warren-911-Emergency Assistance Act, requires each local public agency within its respective jurisdiction to establish a basic system that automatically connects a person dialing 911 to an established public safety answering point through normal teleph one service facilities.

Assembly
Appropriations
Committee

8.a
Legislative Update
Packet Pg. 15
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 2 ends

This bill would require the Emergency Services Medical Authority, on or before March 1, 2024, to develop a public education campaign related to the use of the 911 service and other tools for access to care.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

AB 55 Assembly
Member
Rodriguez
Emergency Medical Services Medi-Cal: workforce adjustment for ground ambulance transports:

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including emergency or nonemergency medical transportation services, as specified. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law requires, with exceptions, that Medi-Cal reimbursement to providers of emergency medical transports be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Under existing law, those increased payments are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds. Existing law sets forth separate provisions for increased Medi- Cal reimbursement to providers of ground emergency medical transportation services that are owned or operated by certain types of public entities.

This bill would establish, for dates of service on or after July 1, 2024, a workforce adjustment, serving as an additional payment, for each ground ambulance transport performed by a provider of medical transportation services, excluding the above-described public entity providers. The bill would vary the rate of adjustment depending on federal maximum allowances based on the point of pickup and whether the service was for an emergency or nonemergency. nonemergency, with the workforce adjustment being equal to 80% of the lowest maximum allowance established by the federal Medicare Program reduced by the fee-for-service payment schedule amount, as specified.

The bill would require that the workforce adjustment meet a certain workforce standard, as determined by the department, which would apply to specified classes of employees, including emergency medical dispatchers, emergency medical technicians, paramedics, and registered nurses. The bill would set forth criteria for a provider to meet the workforce standard, with formulas taking into account the fiscal year and base hourly wage rates within a class of employees, and whether the provider is a new provider of ground ambulance services.

The bill would require the department to direct each Medi-Cal managed care plan to implement a value-based purchasing model that provides for reimbursement to a network provider that meets the workforce standard requirement and that furnishes ambulance transport services, as specified.

The bill would require the department to establish the manner and format for participating providers to report the required data, as specified.

The bill would require a provider that has received the workforce adjustment to certify under penalty of perjury that it met the workforce standard, as specified. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.

The bill would authorize the department to recoup any workforce adjustments paid to a provider that did not meet the workforce standard.

The bill would prohibit implementation of the workforce adjustment from affecting the calculation of the above-described QAF-based add-on, and would prohibit adjustments to the workforce adjustment, except as specified to comply with federal requirements. The bill would condition implementation of the workforce adjustment on receipt of any necessary federal approvals and the availability of federal financial participation. The bill would make conforming changes.

Assembly
Appropriations
Committee

8.a
Legislative Update
Packet Pg. 16
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 3 ends

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. (1)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including emergency medical transportation services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law requires, with exceptions, that the reimbursement to emergency medical transport providers for emergency medical transports, as defined, be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Existing law requires that the add-on increase be calculated on or before June 15, 2018, and remain the same for later state fiscal years, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. Under existing law, the resulting fee-for-service payment schedule amounts are equal to the sum of the Medi-Cal fee-for-service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.

This bill would set the Medi-Cal fee-for-service reimbursement rate for emergency medical transports at $350 per transport. Under the bill, the resulting fee-for-service payment schedule amounts would instead be equal to the sum of the Medi-Cal fee-for-service payment schedule amount, based on the $350 rate, and the add-on increase.

Under existing law, the increased payments under the add-on provisions are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds.

This bill would specify that the $350 reimbursement rate would not affect the calculation of the QAF rate, and that the calculation of the QAF rate would be based on the methodology and reimbursement rate in effect as of January 1, 2023.

Existing law authorizes the Director of Health Care Services to modify or make adjustments to any methodology or fee amount under these provisions to the extent necessary to meet federal requirements or to obtain federal approval.

If a modification or adjustment is needed to meet federal requirements or to obtain federal approval, this bill would require the director to recalculate and reduce the add-on amount as necessary, and would prohibit the director from reducing the $350 reimbursement rate. (2)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (act), establishes the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services (EMS). The act authorizes a county to develop an EMS program by designating a local EMS agency. The act requires the medical director of a local EMS agency to issue a certificate to, or recertify, an individual as an Emergency Medical Technician-I (EMT-I) or Emergency Medical Technician-II (EMT-II), upon proof that the individual has met specified training and other requirements. The act sets forth various provisions relating to public or private EMS providers that employ an EMT-I, EMT-II, or other EMS personnel. Existing law makes a violation of the act a misdemeanor.

This bill would, for the compensation of an EMT-I or EMT-II employed by an EMS provider, as defined, require the EMS provider to set the compensation in an amount that is no lower than the prevailing wage for an EMT-I or EMT-II, respectively, within the corresponding EMS area, defined as the geographical area within the jurisdiction of the designated local EMS agency. The bill would define “prevailing wage” as the basic hourly rate of wages and benefits paid to a majority of EMT-I, or EMT-II, as applicable, employed within an EMS area of a local EMS agency.

8.a
Legislative Update
Packet Pg. 17
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 4 ends

The bill would require each local EMS agency to determine the prevailing wage of an EMT-I or EMT-II within the agency’s EMS area, and to annually update its calculation, pursuant to guidance on the methodology and formula that the authority would be required to develop for these purposes.

By creating new duties for public EMS providers, and by expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

AB 97 Assembly
Member
Rodriguez
Firearms: unserialized firearms:

Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified. Existing law prohibits a person, corporation, or firm from knowingly manufacturing or assembling, or to knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification. Under existing law, a person who knowingly possesses a firearm that does not have a valid state or federal serial number or mark of identification is guilty of a misdemeanor.

This bill would, until January 1, 2033, require the Department of Justice to collect and report specified information, including, among other things, the number of arrests pursuant to the provisions mentioned above. The bill would require the department to issue a report to the Legislature, as specified, on or before January 1, 2025, and annually thereafter, that includes the data collected.

Existing federal law requires a commercially produced firearm to be etched or otherwise inscribed by the manufacturer with a unique serial number. Existing state law prohibits the alteration, removal, or obliteration of that serial number. A violation of this prohibition is punishable as a felony. Existing law also prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor.

Existing law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor.

This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Assembly
Appropriations
Committee

8.a
Legislative Update
Packet Pg. 18
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 5 ends

AB 250 Assembly
Member
Rodriguez
State Route 83: reduction:

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law designates State Route 83 from Route 71 to Route 10 near the City of Upland. Existing law authorizes the commission to relinquish to the City of Ontario all or a portion of State Route 83 within the city’s jurisdiction and prescribes conditions that apply upon relinquishment.

This bill would authorize the commission to additionally relinquish to the City of Chino all or a portion of State Route 83 within the city’s jurisdiction and prescribe conditions that apply upon relinquishment.

Assembly
Appropriations
Committee
AB 474 Assembly
Member
Rodriguez,
(Coauthor:

Assembly
Member
Waldron)
State Threat Assessment Center: transnational criminal organizations:

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

This bill would find and declare that the State Threat Assessment Center (STAC) serves as California’s information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California’s state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. The bill would require the STAC and the Office of Emergency Services to prioritize, to the greatest extent possible, cooperation with state and local efforts to illuminate, disrupt, degrade, and dismantle criminal networks trafficking opioid drugs that pose a threat to California. The bill would require the STAC to support state and local interagency task forces to combat illegal opioid trafficking in California, as specified, including preparing and disseminating intelligence products for public safety entities.

Assembly
Appropriations
Committee
AB 1505 Assembly
Member
Rodriguez,
(Coauthors:

Assembly
Members Juan
Carrillo, Holden,
Schiavo, and
Wood)
Seismic retrofitting: soft story multifamily housing:

Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Existing law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. This bill would declare that it is to take effect immediately as an urgency statute.

Assembly
Appropriations
Committee

8.a
Legislative Update
Packet Pg. 19
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 6 ends

AB 1303 Assembly
Member
Rodriguez
California Emergency Services Act: disaster preparedness:

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services for natural, technological, or human-induced disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property.

Under existing law, the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, is required to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies.

This bill would require the California State Warning Center, within the Office of Emergency Services, to develop a process for private-sector fuel transporters to voluntarily share information, as specified, for the purpose of providing fuel to local and state public-safety agencies actively involved in responding to or recovering from a disaster.

Assembly
Appropriations
Committee
SB 316 State Senators
Niello and
Ochoa Bogh,
(Coauthors:

Senators Jones,
Nguyen,
Seyarto, and
Wilk)
Shoplifting: increased penalties for prior crimes:

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.

Failed Passage in the
Senate Public Safety
Committee

8.a
Legislative Update
Packet Pg. 20
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 7 ends

SB 4 State Senator
Wiener,
(Principal
coauthors:

Assembly
Members
McKinnor and
Wicks),
(Coauthors:

Senators
Becker, Cortese,
Eggman,
Gonzalez,
Menjivar, and
Skinner),
(Coauthors:

Assembly
Members
Alvarez,
Friedman,
Gabriel, Quirk-
Silva, and Ward)
Planning and zoning: housing development: higher education institutions and religious institutions:

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long -term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing e lement. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministe rial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.

Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit c onstructed using low-income housing tax credits.

This bill would require that a housing develop ment project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other thin gs, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, and 5% of the units may be for staff of the independent institution of higher education or the religions religious institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the develo pment to include ancillary uses on the ground floor of the development, as specified.

This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, bonus, incentives, or concessions, or waivers or reductions of development and parking standards, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high -quality transit corridor or a major transit stop, as those terms are defined, or it is within one block of a car share vehicle.

This bill would require a local government that determines a propose d development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bi ll would provide that the development shall be deemed to satisfy the required objective planning standards if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a munic ipal affair and, therefore, apply to all cities, including charter cities.

Senate Appropriations
Committee

8.a
Legislative Update
Packet Pg. 21
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 8 ends

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact repor t on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects.

This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.

By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

8.a
Legislative Update
Packet Pg. 22
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 9 ends

SB 423 State Senator
Wiener,
(Principal
coauthor:

Assembly
Member Wicks),
(Coauthor:

Assembly
Member
Grayson)
Land use: streamlined housing approvals: multifamily housing developments:

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and famil ies of lower or moderate -income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Co mmissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or prov ide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflic t with any of the objective planning standards, the local government to provide th e development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a l ocal agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are Senate Appropriations
Committee

8.a
Legislative Update
Packet Pg. 23
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 10 ends

unnecessary to ascertain consistency do not pertain directly to determining whether the development is consistent with the objective planning standards. standards applicable to the development.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above -described authorization t o conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a munici pal affair and, therefore, apply to all cities, including charter cities.

This bill would provide that no reimbursement is required by this act for specified reasons.

AB 257 Assembly
Member Hoover,
(Coauthors:

Assembly
Members Flora,
Gallagher, and
Sanchez)
Encampments: penalties:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, da ycare center , park, or library. playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.

Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.

This bill would provide that no reimbursement is required by this act for a specified reason.

Failed in the Senate
Public Safety
Committee.

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

Likely a 2-year bill.

8.a
Legislative Update
Packet Pg. 24
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 11 ends

AB 367 Assembly
Member
Maienschein
Controlled substances: enhancements:

Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.

This bill bill, until January 1, 2029, would state that, for purposes of the this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial ph ysical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders. By expanding the scope of an existing crime, this bill would impose a state -mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Failed in Assembly
Public Safety
Committee

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

AB 797 Assembly
Member Weber
Local government: police review boards:

Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.

This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.

This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Assembly Public
Safety Committee

Likely a 2-year bill.

8.a
Legislative Update
Packet Pg. 25
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 12 ends

SB 31 State Senator
Jones, (Principal
coauthor:

Senator Grove),
(Coauthors:

Senators Dahle,
Nguyen, Niello,
Ochoa Bogh,
Seyarto, and
Wilk)
Encampments: sensitive areas: penalties:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor.

Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

Under existing law, a public nuisance is anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law.

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as defined. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as provided. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as provided. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Failed in the Senate
Public Safety
Committee

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

Likely a 2-year bill.

SB 55 State Senator
Umberg
Vehicles: catalytic converters:

Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified informati on regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless, among other requirements, the payment is made by check, as specified.

This bill, in addition to payment by check, would allow for payment by credit card or any other form of traceable payment other than cash.

Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.

This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter un less the catalytic converter has been permanently marked, as defined, with the vehicle identification number of the vehicle to which it is attached. The bill would, until January 1, 2025, exempt from this prohibition a vehicle purchased from a dealer licensed in this state who is also licensed in another state and does not have a warranty service facility in this state. A violation of this provision would be punishable as an infraction.

By creating a new infraction, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Senate Floor

8.a
Legislative Update
Packet Pg. 26
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 13 ends

SB 536 State Senator
Rubio
Surplus state real property: Heman G. Stark Youth Correctional Facility:

Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services . Existing law prescribes a process for the disposition of surplus state property.

This bill would authorize the Director of General Services to sell or lease property, of an unspecified acreage, known as the California Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino, to the City of Chino at fair market value upon terms and conditions the director determines are in the best interests of the state.

This bill would require that the proceeds of the sale or lease be expended on bond payments, as specified, and other costs, including costs for the review of the sale of the property and bond counsel. The bill would authorize the director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. This bill would exempt the sale of the property from the California Environmental Quality Act. The bill would require the net proceeds of the sale to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund. By authorizing the deposit of proceeds into a continuously appropriated fund, the bill would make an appropriation.

Senate Governmental
Organization
Committee
SB 20 State Senator
Rubio
Joint Power Agreements: Regional Housing Trusts:

The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by wh ich the joint powers authority will be governed. That act specifically authorizes the creation of the Orange County Housing Finance Trust and the San Gabriel Valley Regional Housing Trust, both joint powers authorities, for the purposes purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their respective regions, as specified.

This bill would authorize 2 or more cities, by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act, local agencies, as defined, to create a regional housing trust for the purposes purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their jurisdictions. jurisdictions by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act. The bill would require a regional housing trust created pursuant to these provisions to be governed by a board of directors consisting of a minimum of 9 5 directors, as specified. The bill would authorize a regional housing trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds, as specified. The bill would require the joint powers agreement establishing the regional housing trust to incorporate specified annual financial reporting and auditing requirements.

Senate Floor

8.a
Legislative Update
Packet Pg. 27
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 14 ends

SB 459 State Senator
Rubio
Domestic Violence: Restraining Orders:

Existing law allows a criminal court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court.

Existing law allows a civil court, after notice and a hearing, to issue an order to enjoin a person from, among other things, attacking, stalking, or threatening another person. Under existing law, the protective order may be valid for up to 5 years, as determined by the court, and may be renewed for 5 or more years, or permanently, at the discretion of the court.

This bill would clarify that a protective order may be modified by the court throughout the duration of the order if the court is convinced that the modification is in the best interest of the victim. require the Judicial Council, on or before January 1, 2025, to create a specified form for the purpose of modification of an existing restraining order. one or more specific forms for the purpose of requesting a modification of an existing restraining order.

Senate Appropriations
Committee
SB 690 State Senator
Rubio
Domestic Violence:

Existing law makes the infliction of corporal injury resulting in a traumatic condition upon specified victims, including the offender’s spouse or former spouse, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or a fine of up to $6,000, or by both that fine and imprisonment. Existing law authorizes prosecution for that criminal act to be commenced within 5 years, and applies this provision to criminal acts that are committed on or after January 1, 2020, and to criminal acts for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.

This bill would authorize prosecution for that crime to be commenced within 15 years. The bill would apply to crimes that are committed on or after January 1, 2024, and to crimes for which the statute of limitations that was in effect prior to January 1, 2024, has not run as of January 1, 2024. By extending the statute of limitations for a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

Senate Appropriations
Committee

8.a
Legislative Update
Packet Pg. 28
Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

Page 15 ends

AB 1708 Assembly
Member
Muratsuchi
Corrections: rehabilitative programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.

This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. (2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.

This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years. (4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified.

This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified.
(5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would express the intent of the Legislature to enact legislation that would increase accountability for repeat offenders through participation in rehabilitative services.

Failed in the Assembly
Public Safety
Committee

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

8.a
Legislative Update
Packet Pg. 29

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 765250 to 765472, and Electronic Fund Transfers 517238E to 517311E, totaling $4,633,936.77.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 Operating Budget.

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

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

• Financial Stability

11.1 CONSENT CALENDAR
Packet Pg. 30
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: WARRANTS
PAGE 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 765250 4/14/23 22-23 $2,000.00

2. 765251 – 765375 4/20/23 22-23 $1,180,714.72

3. 765376 – 764471 4/27/23 22-23 $816,601.35

4. 765472 4/27/23 22-23 $275,655.46

5. 517238E – 517274E 4/21/23 22-23 $2,054,447.11

6. 517275E – 517311E 4/28/23 22-23 $304,518.13

E: Electronic Fund Transfers

TOTAL $4,633,936.77

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

11.1 CONSENT CALENDAR
Packet Pg. 31
Council Meeting 5/16/23

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

Check
Number
Check Date Vendor Name Description Amount
765315 04/20/2023 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE PARK/FAC $86,540.00
765326 M K SMITH CHEVROLET PURCHASE OF ONE (1) 2022 CHEV. 3/4 TON

EXTENDED CAB PICKUP
$63,846.32
765355 SO CAL EDISON CO. SERVICE PERIOD: 02/27-03/31 $149,602.21 765370 WASTE MANAGEMENT COLLECTION SERVICES $599,669.18 517244 04/21/2023 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-APRIL $1,142,262.00 517259 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $708,666.23 517262 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $55,318.02 765414 04/27/2023 GENTRY BROTHERS INC FY2020/21 ALLEY REHAB $74,297.95 765420 INTERIOR DEMOLITION FORMER FIRE STATION DEMOLITION $56,751.69 765430 LOS ANGELES ENGINEERING, INC MVP PUBLIC RIGHT OF WAY $357,048.00 765472 WATER FACILITIES AUTHORITY IMPORTED WATER $275,655.46 517307 04/28/2023 WATER FACILITIES AUTHORITY IMPORTED WATER $123,142.24

12 TOTAL $3,692,799.30

11.1.a
Warrants
Packet Pg. 32

Revenue: Expenditure: 1002000-43320

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NATALIE GONZAGA, CITY CLERK

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

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

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2022-23 Operating Budget.

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

• Public Service Excellence through Internal and External Partnerships

11.2 CONSENT CALENDAR
Packet Pg. 33
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

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

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

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

Attachment: Exhibit A

11.2 CONSENT CALENDAR
Packet Pg. 34

MAY 16, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

May 4-5, 2023 SCAG Regional
Conference
Palm Desert Council Member Lucio

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

City Officials that may
attend
May 18-19, 2023 City County
Conference
Lake
Arrowhead,
CA
Mayor Ulloa
Council Member Burton
May 21-23, 2023 ICSC Conference Clark County,
Nevada
Council Member Burton

11.2.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 35

Revenue: Expenditure: 6508310-48030-PF192

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT - SENIOR CENTER PHASE I PROJECT (PF192).

RECOMMENDATION
1) Award a construction contract in the amount of $47,800.00 to Commercial Door Metal Systems, Inc., Chino, CA for the Senior Center Phase I project (PF192), 2) authorize expenditures of up to $4,780.00 for construction contingencie s for a not -to-exceed contract amount of $52,580.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Building Management Fund 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
• Commitment to Our Community

11.3 CONSENT CALENDAR
Packet Pg. 36
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: AWARD OF CONTRACT - SENIOR CENTER PHASE I PROJECT (PF192) PAGE 2

BACKGROUND
The Fiscal Year 2022 -23 Building Management Fund provides funding for the Senior Center Phase I project (PF192). Constructed in 1987, the Senior Center has provided a facility that offers programming, social services, trips and tours, meals, and personal connections for individuals ages 50 and older.

Most of the doors are original to the building and are severely damaged. New doors will enhance the interior image of the facility and will meet the current accessibly requirements. The project scope of work for the Chino Senior Center Phase I project will include removal of twenty- two (22) existing doors throughout the facility, and installation of new doors and door hardware.

ISSUES/ANALYSIS
Staff is recommending that City Council authorize a construction contract in the amount of $47,800.00 to Commercial Door Metal Systems, Inc., Chino, CA for the purchase and installation of new doors and hardware for the Senior Center Phase I project. In addition to the contract amount, staff is requesting authorization to spend up to $4,780.00 for construction contingencies for unanticipated work, bringing the total potential construction contract to $52,580.00.

Company Name Total Bid Amount
1 Commercial Door Metal Systems, Inc. $47,800
2 Southwest Door & Frame, Inc. $50,200
3 Precision Doors & Millwork Company Non-Responsive

Attachment: Commercial Door Metal Systems, Inc. - Agreement and Proposal

11.3 CONSENT CALENDAR
Packet Pg. 37

01225.0006/515653.2

Contract No.:

Approved:

AGREEMENT

“SENIOR CENTER PHASE I PROJECT”

THIS AGREEMENT is made and entered into this 16th day of May, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and COMMERCIAL DOOR REPLACEMENT PROJECT, 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 “SENIOR CENTER PHASE I 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 Forty-Seven Thousand Eight Hundred Dollars and Zero Cents ($47,800.00) 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 hei rs, 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 ten (10) 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 (collectively, “Contract Documents”) are hereby incorporated in to and made part of this

11.3.a
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 38

01225.0006/515653.2
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 o ther 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 bot h 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 sha ll impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which

11.3.a
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 39

01225.0006/515653.2
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]

11.3.a
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 40

01225.0006/515653.2
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:

Natalie Gonzaga, City Clerk

Date

11.3.a
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 41

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 42

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 43

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 44

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 45

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 46

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 47

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 48

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 49

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 50

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 51

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 52

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 53

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 54

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 55

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 56

11.3.b
Award of Contract - Senior Center Phase I Project (PF192) Packet Pg. 57

Revenue: Expenditure: 65083101-48005-IB238

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT - SENIOR CENTER FURNITURE REPLACEM ENT PROJECT (IB238).

RECOMMENDATION
1) Award a contract in the amount of $87,169.59 to New Tangram Interiors, LLC, Newport Beach, CA for the Senior Center Furniture Replacement project (IB238); 2) authorize expenditures of up to $8,716.96 for constructio n project contingencies, for a not -to-exceed potential contract amount of $95,886.55; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Building Management Fund 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:
• Commitment to Our Community
• Positive City Image
• Partnerships and Teamwork
• Financial Responsibility

11.4 CONSENT CALENDAR
Packet Pg. 58
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: AWARD OF CONTRACT - SENIOR CENTER FURNITURE REPLACEMENT PROJECT (IB238)
PAGE 2

BACKGROUND
The Fiscal Year 2022 -23 Building Management Fund budg et provides funding for the Senior Center Furniture Replacement project (IB238). The existing furniture at the Senior Center was installed in the 1990s and is discontinued making it difficult to build additional workstations for staff, and to complete needed repairs.

New Tangram, LLC was contracted to complete design services for the Senior Center facility, which included space planning, needs for staff offices, cubicles, break room, the front counter reception area, and lobby furniture. Staff met with New Tangram, LLC to develop a furniture plan and finishes and in March 2023. A final plan was completed and approved by staff.

ISSUES/ANALYSIS
The new furniture being purchased from New Tangram, LLC is through a cooperative agreement, Sourcewell Contr act No. 121919 -STI, which gives the City the ability to purchase and install modular furniture through this cooperative agreement. The City Attorney's office has reviewed all documents relevant to the Sourcewell bid solicitation for New Tangram, LLC, and have found the documents to be in order.

In March 2023, staff received a proposal from New Tangram, LLC in the amount of $87,169.59 for the Senior Center Furniture Replacement project. At this time, staff is recommending that City Council authorize a con tract in the amount of $87,169.59 to New Tangram, LLC, Newport Beach, CA for the purchase and installation of modular furniture for the Senior Center Furniture Replacement project. In addition to the contract amount, staff is requesting authorization to spend up to $8,716.96 for construction contingencies for unanticipated work, bringing the total construction contract to $95,886.55.

Attachments: New Tangram, LLC - Agreement and Proposal

11.4 CONSENT CALENDAR
Packet Pg. 59

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 60

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 61

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 62

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 63

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 64

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 65

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 66

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 67

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 68

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 69

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 70

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 71

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 72

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 73

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 74

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 75

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 76

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 77

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 78

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 79

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 80

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 81

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 82

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 83

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 84

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 85

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 86

11.4.a
Award of Contract - Senior Center Furniture Replacement Packet Pg. 87

01225.0006/515653.2

Contract No.:

Approved:

AGREEMENT

“SENIOR CENTER FURNITURE REPLACEMENT PROJECT”

THIS AGREEMENT is made and entered into this 16th day of May 2023, by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and NEW TANGRAM, LLC, 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 “SENIOR CENTER FURNITURE REPLACEMENT 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.

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 Eighty-Seven Thousand One Hundred Sixty- Nine Dollars and Fifty-Nine Cents ($87,169.59) 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 thirty (30) 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.

11.4.b
Award of Contract - Senior Center Furniture Replacement Packet Pg. 88

01225.0006/515653.2
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 f act 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.

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.

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

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which

11.4.b
Award of Contract - Senior Center Furniture Replacement Packet Pg. 89

01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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.

[SIGNATURES ON FOLLOWING PAGE]

11.4.b
Award of Contract - Senior Center Furniture Replacement Packet Pg. 90

01225.0006/515653.2
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:

Natalie Gonzaga, City Clerk

Date

11.4.b
Award of Contract - Senior Center Furniture Replacement Packet Pg. 91

Revenue: Expenditure: 6508310-48005-NC831 and 6508310-48005- MS213

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: NOTICE OF COMPLETION - FORMER FIRE STATION NO. 1 AND MONTE VISTA PARK HOUSE DEMOLITION PROJECT.

RECOMMENDATION
1) Accept the Former Fire Station No.1 and Monte Vista Park House Demolition contract complete by Interior Demolition Earthwise Demo JV, Montrose, CA; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.

FISCAL IMPACT
The project is included in the Fiscal Year 2022 -23 Building Management Fund. Original funds were appropriated from the Building Management Fund with a year-end transfer from the General Fund reserves to complete the project.

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

11.5 CONSENT CALENDAR
Packet Pg. 92
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: NOTICE OF COMPLETION - FORMER FIRE STATION NO. 1 AND MONTE VISTA

PARK HOUSE DEMOLITION PROJECT
PAGE 2

BACKGROUND
On November 15, 2022, City C ouncil awarded a construction contract to Interior Demolition Earthwise Demo JV, Montrose, CA for the demolition of former Fire Station No. 1 and the Monte Vista Park House. The scope of work included demolition of the former Fire Station facility and the Monte Vista Park House, including concrete, asphalt, vehicle rolling gate, block wall, vegetation removal, and site leveling. Additional work included remediation and removal of hazardous materials from both facilities.

ISSUES/ANALYSIS
During the cours e of construction, there was an unforeseen item identified in the field and addressed as a modification to the project. The modification included removal of additional asbestos floor tiles discovered under the wooden subfloor located in the Monte Vista Pa rk House (Change Order No.1) bringing the total contract amount of the project to $212,878.57.

The following is a summary of the final accounting costs for the project:

Original Construction Contract Amount $210,702.00
Change Order No. 1 $ 2,176.57
Final Project Amount $212,878.57

Interior Demolition Earthwise Demo JV has satisfactorily completed all work within the project budget and has complied with the terms of the contract. A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.

Attachment – Notice of Completion

11.5 CONSENT CALENDAR
Packet Pg. 93

RECORDING REQUESTED BY
City of Chino
Community Services 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 Purchaser under contract of purchase (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

N/A

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 April 19, 2023

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

Interior Demolition Earthwise Demo JV, 2621 Honolulu Ave, Montrose, CA 91020 (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:

Former Fire Station No. 1 and Monte Vista Park House Demolition Project

10. The street address of said property is Former Fire Station No. 1 - 13251 Central Ave, Chino, CA 91710, APN No. 1020274110000
Monte Vista Park House - 13146 Monte Vista Ave, Chino, CA 91710, APN No. 1019171100000
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

Linda Reich, City Manager

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Community Services 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 , at City of Chino, California

Silvia Avalos
Director of Community Services

11.5.a
Notice of Completion - Former Fire Station No. 1 and Monte Packet Pg. 94

Revenue: Expenditure: 5407360-40010-SD153

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: SD153 - 3-SYSTEM STORM DRAIN.

RECOMMENDATION
1) Accept the 3 -System Storm Drain on Ross, Walnut and Magnolia Avenues Project (SD153), by James Mcminn, Inc., Contract No. 2021 -023 as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Work s to file the Notice of Completion.

FISCAL IMPACT
The project was completed within the council approved project budget.

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

11.6 CONSENT CALENDAR
Packet Pg. 95
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: NOTICE OF COMPLETION: SD153 - 3-SYSTEM STORM DRAIN PAGE 2

BACKGROUND
On June 16, 2020, the City Council awarded a construction contract to James McMinn, Inc., Riverside, CA, in the amount of $2,699,055.39 for the 3 -System Storm Drain on Ross, Walnut, and Magnolia Avenues (SD153). Additionally, the City Council authorized expenditures of up to $269,906.00 for project contingencies bringing the construction contract budget to an amount not to exceed $2,968,961.39.

The 3-System Storm Drain project (SD153) is composed of three storm drain reaches outlined in the City of Chino Master Plan o f Drainage (MPD). The project will allow the systems to intercept drainage flows that discharge to Magnolia Avenue just south of State Route 60, conveying them to the existing Riverside Drive. This project will mitigate the recurrent flooding in this area. Project SD153 consists of the installation of the Storm Drain Master Plan System, grind and overlay along the pipeline alignment, and construction of accessibility improvements at the intersections of Walnut Avenue at Ross Avenue and Walnut Avenue at Magnolia Avenue.

During an excavation of storm drain construction activities for the 3 -System Storm Drain Project on Ross Avenue between Riverside Drive and Walnut Avenue; and Walnut Avenue between Ross Avenue and Magnolia Avenue, it was observed that the exi sting water service laterals were leaking and in need of replacement due to deterioration. To avoid disturbing the pavement of a newly paved street in the future, staff recommended the replacement of the water service laterals during the construction of st orm drain improvements. On July 20, 2021, City Council approved a contract increase of $478,666.25 for Construction Contract Change Order No. 2.

On April 4, 2023, the City Council approved a contingency increase in the amount of $5,276 for Change Order No. 5. Change Order No. 5 was negotiated with the Contractor for a total amount of $7,083 to provide the required striping per the City Traffic Department’s drawings.

ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract 2021 -023. The following is a summary of the final accounting of costs for construction:

Project SD153 CONTRACT CONTINGENCY
Original Contract & Contingency $2,699,055.39 $269,906.00 Contract Change Order No. 1 $11,280.14 - $11,280.14
Contract Change Order No. 2 Amendment & Contingency $534,035.93 - $55,369.68 Contract Change Order No. 3 $62,480.12 - $62,480.12
Contract Change Order No. 4 $138,968.48 - $138,968.48
Request Contingency Increase $5,276.00
Contract Change Order No. 5 $7,083.00 - $7,083.00
Final Construction Contract Amount $3,452,903.06 $.58

James Mcminn, Inc., Riverside, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion - James Mcminn, Inc. (SD153)

11.6 CONSENT CALENDAR
Packet Pg. 96

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 (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

N/A

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 May 16, 2023

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

James Mcminn, Inc.
(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:
3-System storm Drain Construction – Ross, Walnut, and Magnolia (SD153)

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 5/16/23 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

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 __May 16, 2023__, at City of Chino, California

Amer Jakher
Director of Public Works

11.6.a
Notice of Completion: SD153 - 3-System Storm Drain
Packet Pg. 97

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: LINDA REICH, CITY MANAGER

SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-012.

RECOMMENDATION
Approve the introduction of Ordinance No. 2023 -012, to change the Community Services Commission terms from three -years to four-years to align with the Planning Commission, to be read by title only and waiving further reading of the Ordinance.

FISCAL IMPACT
There is no fiscal impact.

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

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

12.7 NEW BUSINESS
Packet Pg. 98
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-012
PAGE 2

BACKGROUND
The current Community Service Commission term for Commissioners is three years. The current Planning Commission term is four years. The City Council met at a workshop on May 9, 2023 and accepted the recommendation to change terms from three to four -years for the Community Services Commission to align with the Planning Commission.

ISSUES/ANALYSIS
The proposed term change for the Community Service Commission will align the Commissioner terms with the Planning Commission Commissioners who currently serve four -year terms. With the proposed change, all currently seated Community Services Commis sioners and one vacant seat in process of being filled will complete their three -year term. All new terms, commencing July 1, 2023, will be four-year terms. Further updates included in the Ordinance include removal of the reference to the school board appointee and update of the term dates.

Included in the proposed Ordinance is a change to remove the reference to “one school board” member to align with the removal of this appointment set forth in Ordinance 2020 -009. Also updated is the listing of staggered terms in order to match the current Commissioner terms in place.

The City Council also accepted the proposed recommendation to increase the Community Services Commissioner meeting compensation to align with the Planning Commissioner compensation of $125 per meeting, as well as a change to the Community Services department name. These recommended changes will be brought to Council for approval at a later date.

ORDINANCE NO. 2023-012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES COMMISSION) OF THE

CHINO MUNICIPAL CODE

Attachment: Ordinance No. 2023-012

12.7 NEW BUSINESS
Packet Pg. 99
ORDINANCE NO. 2023-012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO

COMMUNITY SERVICES COMMISSION) OF THE CHINO

MUNICIPAL CODE

WHEREAS, the City of Chino has adopted an ordinance establishing and regulating the duties and responsibilities of the Chino Community Services Commission and the members’ terms, codified in Chapter 2.38 of the Chino Municipal Code; WHEREAS, the City desires to revise Chapter 2.38 of the Chino Municipal Code to amend terms of office for the members of the Community Services Commission; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 2.38.040 (Terms of office) of the Chino Municipal Code is hereby revised as follows (additions in underline; deletions in strikethrough):

There shall be seven community services commissioners who shall be appointed for four three-year, staggered terms. Effective July 1, 2023 July 1, 1992, the terms shall be staggered as follows:

Three Two terms ending June 30, 2027 July 1, 1993, (three one city and one school board appointees)
One Three term ending June 30, 2024 July 1, 1994 , (one city and one school board appointee)
Three terms ending June 30, 2025 July 1, 1995 (two one city appointees, one school board and one member at large appointed by majority vote of the six other commissioners).

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

12.7.a
Introduction of Ordinance 2023-012 (Community Services
Packet Pg. 100
Ordinance No. 2023-012

Page 2 of 2 ends

SECTION 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

PASSED, APPROVED, AND ADOPTED THIS _____ DAY OF ______________ 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the ____ day of __________ 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

12.7.a
Introduction of Ordinance 2023-012 (Community Services
Packet Pg. 101

Revenue: Expenditure: 3207100-40010-ST203

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: JESUS PLASENCIA, ASSISTANT CITY ENGINEER

SUBJECT: AMENDMENT TO THE CONSTRUCTION CREDIT/REIMBURSEMENT

AGREEMENT FOR THE PINE AVENUE IMPROVEMENTS - PHASE I, STAGE 1-3 & STAGE 4.

RECOMMENDATION
1) Appropriate $84,050 from the unappropriated reserves of the Road Repair and Accountability Act Fund 327; 2) amend project ST203 (Pine Avenue Improvements - Stage 4 t o include the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project; 3) increase the credit/reimbursement agreement with Chino Preserve Dev elopment Corporation by $84,050 for a total agreement not to exceed $3,023,745 and a revised total project budget of $3,918,113; 4) approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation for the Pine Avenue Improvements - Phase I, Stages 1-3 & Stage 4 to include the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project for an amount not to exceed $84,050 for a total contract amount of $16,789,318; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation of $84,050 from the unappropriated reserves of the Road Repair and Accountability Act Fund 327. Increase Project Budget ST203 (Pine Avenue Improvements - Stage 4 in the same amount to include the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project.

Upon the final acceptance of the Pine Avenue/West Preserve Loop Intersection Grind and Overlay Project, the City will pay Chino Preserve Development Corporation for the actual costs validated by the City Engineer.

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

12.8 NEW BUSINESS
Packet Pg. 102
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: AMENDMENT TO THE CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT FOR THE PINE AVENUE IMPROVEMENTS - PHASE I, STAGE 1-3 & STAGE 4 PAGE 2

BACKGROUND
Pine Avenue, between Euclid and Hellman Avenues, is a major arterial roadway within The Preserve Specific Plan area that will be a total of six -lanes with a raised landscaped median when fully constructed. The phased construction of Pine Avenue includes, bu t is not limited to, additional right of way; relocation of existing utilities; changes in roadway grades; modification of intersections; new pavement and striping; provisions for new sewer; domestic water; recycled water; drainage; and water quality facilities.

On June 15, 2021, the City Council approved a construction credit and reimbursement (Exhibit 1) for the construction of Pine Avenue - Phase 1 (Stages 1 -3) & Stage 4 with Chino Preserve Development Corporation (a Lewis Management Corporation company “Lewis”).

Lewis is currently constructing the Stage 4 Pine Avenue Improvements, which include three eastbound lanes and two westbound lanes from the westerly boundary of the Town Center at The Preserve to Harvest Way/Homecoming Drive.

ISSUES/ANALYSIS
Recently, the City received complaints from local residents about the current condition of the roadway pavement at the intersection of Pine Avenue/West Preserve Loop and the associated noise and vibration resulting from vehicles traveling through the intersecti on at a high rate of speed. To better serve the residents and businesses in The Preserve and for efficiency purposes, City staff requested that Lewis include pavement rehabilitation at the Pine/West Preserve Loop intersection as part of Stage 4. The scope of work includes the subject intersection and roadway pavement on West Preserve Loop approximately 120 feet north of the intersection as shown in Exhibit 2. The additional work to this intersection will help mitigate the issues surrounding the noise and vibrations experienced by residents.

Consequently, staff desires to amend the existing agreement for the Pine Avenue Improvements to include the additional pavement rehabilitation. The estimated cost for the additional work is $84,050, which includes 25% fo r contingencies and soft costs. Upon completion of the work, the City Engineer will review the supporting documentation and will determine what costs are eligible and ineligible for reimbursement. Once the final cost accounting is approved, staff will reimburse the developer for the actual approved costs.

Staff recommends that the City Council approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation to include additional pavement rehabilitation with Chino Preserve Development Corporation for a not to exceed amount of $84,050. The altered or constructed public improvements shall comply with City requirements at the time of their construction and will be reviewed by Council prior to project acceptance.

Attachments:

Exhibit 1 - Construction Credit/Reimbursement Agreement Exhibit 2 - Project Location
Exhibit 3 - Amendment No. 1

12.8 NEW BUSINESS
Packet Pg. 103
Contract No.:

Approval Date:

5-28-21

CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT

THE PRESERVE DEVELOPMENT IMPACT FEES PROGRAM

PINE AVENUE STREET IMPROVEMENTS
(Phase I, (Stages 1-3) & Stage 4)

This CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this __day of June 2021 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation ( “City”), and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation ( collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer and the City desire to cooperate and jointly participate in the construction of certain public improvements required by the City in connection with development projects along the Pine Avenue corridor.

B. Master Site Approval (PL13-0648) and Tentative Tract Map 18480 (PL13-0834) as presented by Developer, consists of approximately 72.8 gross acres for 600 residential units in the Medium Density Residential and Low Density Residential land use designations of The Preserve Specific Plan (“Harvest Project”) as shown on the Location Map attached hereto as Exhibit A.

C. Developer’s application for Master Site Approval (PL19 -0071), Tentative Tract Map No. 20326 (PL20-0007) and Parcel Map No. 20313 (PL20-0018) was approved by Planning Commission on April 5, 20 21, for architecture, site planning, and site specific landscape within the development project. The development project encompasses approximately 38.87 acres for commercial, vertical mixed use and high density residential development within the Community Core 16 and High Density Residential 16 land use designations in The Preserve Specific Plan (“Town Center at The Preserve Project”) as shown on the Location Map attached hereto as Exhibit A-1.

D. Developer has requested from City certain entitlements and/or permits for the Harvest Project, and City has granted the entitlements and/or permits subject to certain Conditions of Approval (“COA”) requiring the design and construction of Phase I (Stages 1-3) Pine Avenue Improvements (“Phase I Improvements”), as described in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B.
2022-029
6/15/2021 #4
15th

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 104

2 5-28-21
E. Additionally, the COA for said Town Center at The Preserve requires the design and construction of certain other Pine Avenue Improvements which include, but are not limited to, sidewalk, pavement rehabilitation, streetlights, utility undergrounding and relocations, temporary and phased infrastructure, temporary storm drainage, and street widening to provide two westbound through lanes, a 14’ wide landscape median, three eastbound lanes and south side parkway from the westerly tract 16420 -3 boundary to Harvest Way/Homecoming Drive (“Stage 4 Improvements”) as described in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B. The Phase I Improvements and the Stage 4 Improvements, including, without limitation, if constructed, the Town Center Project Alternative Public Improvements (define d in Section 2 below) are described in the Nexus Report (defined below) and are collectively referred to herein as the “Public Improvements”).

F. Falloncrest at The Preserve (an adjacent development to the Development Project) is currently under review for its Master Site Approval and Tentative Tract Maps Nos. 20312 -1, 2 & 3 (“Falloncrest”).

G. The COA for Falloncrest shall include the same condition requiring the design and construction of certain other Pine Avenue Improvements and , if not previously provided, the irrevocable dedication to the City of required right of way to complete such improvements (the “Falloncrest ROW”). The Falloncrest ROW is legally described on Exhibit C and depicted on the plat attached hereto as Exhibit C-1.

H. City has requested that, fo r efficiency purposes and to avoid future disruptions to area residents and visitors and impact to the Public Improvements (defined below), Developer construct those certain Stage 4 public improvements adjacent to Falloncrest and within the Falloncrest ROW (“Falloncrest ROW Improvements”) in conjunction with Developer’s Town Center at The Preserve Project. Developer is conditioned to construct such Falloncrest ROW Improvements and including them in the Stage 4 Improvements. Developer wishes to assure it is not delayed in its construction of the Town Center at The Preserve Project and is promptly reimbursed by City for all additional costs in connection with the design and construction of the Stage 4 Improvements.

I. The COA also require the Developer to pay Development Impact Fees (“ DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“ DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Report”).

J. More specifically, the COA for the Harvest project requires the Developer to design and construct the Phase I Improvements and COA 1.15 for the Town Center at The Preserve Project requires the Developer to design and construct the Stage 4 Improvements (“Public Improvements”).

K. Developer has substantially completed the design and construction of Stages 1 and 2 of the said Public Improvements and, at the City’s request, has deferred construction of Stage 3 of said Public Improvements. Developer now intends to commence construction of Stage 3 of said Public Improvements when permitted by the City and the design and co nstruction of Stage 4 of said Public Improvements immediately subsequent to the execution of this Agreement.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 105

3 5-28-21
L. The DIF Ordinance provides that if, as a COA of a development project, a developer constructs a public facility identified in the Nexus Report, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit /reimbursement toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit/reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time . The DIF Ordinance specifically requires that the d eveloper and City enter into a credit/reimbursement agreement.

M. Subject to the terms and provisions of this Agreement, Developer agrees to furnish all equipment and material necessary to perform and complete in a good and workmanlike manner, the Public Improvements and to advertise, publicly bid, and award a contract for construction of the Public Improvements in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code; and
N. Developer and City desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from the Preserve DIF Circulation (Streets, Signals and Bridges) System Fund or a fee credit to transportation and Circulation (Streets, Signals and Bridges) System DIFs (“The Preserve DIF Circulation Fees”) in consideration of the construction of the Public Improvements.

O. City and Developer desire to enter into this Agreement for the following purposes:
(i) to provide for the timely construction and completion of the Public Improvements; (ii) to ensure that Developer’s development of the Town Center at The Preserve Project is not delayed as a result of the inclusion of the Falloncrest ROW Improvements in the Stage 4 Improvements, (iii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (defined below) , and the laws and ordinances pertaining to the construction of Public Improvements, ( iv) to provide the methodology for establishing and reimbursing to Developer the reimbursement amount which Developer shall be entitled after completion of the Public Improvements, and (v) to establish the requirements for Developer’s transfer or application of all or any portion of such credits to a third party.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Construction of Falloncrest ROW Improvements . Provided that (i) the owners of Falloncrest have irrevocably dedicated to the City, at no cost to Developer, the Falloncrest ROW as of May 5, 2021, (ii) the City or owners of Falloncrest, at no cost to Developer , have cleared, and caused the applicable utility companies to relocate the impacted utilities within the Falloncrest ROW of those certain obstructions designated to be removed by the owners of Falloncrest in Exhibit D attached hereto and depicted in Exhibit D-1 by July 5, 2021, subject to the ten (10) working days cure period below and (iii) the City has DIFs on deposit in its Circulation (Streets,

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 106

4 5-28-21
Signals and Bridges) System DIF Fund in the amount of $2,939,694.98, which are readily available and reserved exclusively to reimburse Developer for the design, construction, maintenance and warranty of the Falloncrest ROW Improvements (“Conditions Precedent”), then Developer shall construct or have constructed the Falloncrest ROW Improvements , including the removal of the remainder of the obstructions within the Falloncrest ROW designated to be part of the scope of work for the Falloncrest ROW Improvements on Exhibits D and Exhibit D-1, in accordance with the COA, the approved plans and specifications for the Falloncrest ROW Improvements and other Public Improvements (“Plans and Specifications ”) and the provisions of this Agreement.

Provided Developer submits the Plans and Specifications by June 4, 2021 and provided further that Developer is not the cause of any delays, City agrees to expedite review and approval of the Plans and Specifications such that the first plan check review and comments by the City shall be completed within fifteen (15) working days and subsequent review and plan check comments of the Plans and Specifications shall be completed within ten (10) working days of Developer’s submission of City-requested corrections, with a goal of having the final Plans and Specifications ready to allow bidding of the project by August 31, 2021. Once the Plans and Specifications are approved, Developer shall not be obligated to make any revisions or modifications to the Plans and Specifications or the Falloncrest ROW Improvements arising from or relating to new or different Americans with Dis abilities Act requirements and any and all such revisions and modifications shall be the responsibility of the City and/or Falloncrest. Should the Conditions Precedent fail to occur by the times set forth herein, Developer shall provide City written notice and an opportunity for City to cure such delay. If City fails to cure such failure of any Conditions Precedent within ten (10) days of such notice, then without any further action by the City, including its Planning Commission: (a) Developer shall be relieved of the obligation to perform the Falloncrest ROW Improvements, (b) Developer may proceed to construct the alternative Pine Avenue improvements within the existing Pine Avenue pavement area, without the requirement of obtaining any right of way or easement from the owners of Falloncrest or any other property owners to the north, as set forth in Exhibit E attached hereto (“Town Center Project Alternative Public Improvements”), (c) the COA relating to the acquisition of the Falloncrest ROW and the design and construction of the Falloncrest ROW Improvements (i.e., Development Engineering Division COA 1.3, 1.15, 2.8, 2.8.a, and 2.11.c to t he extent relating to Pine Avenue) shall be conclusively deemed to be terminated, waived and be of no further force or effect , and (d) City will expressly waive any and all rights under Government Code (“GC”) Section 66462.5 (and any related GC sections) to thereafter require Developer to acquire the Falloncrest ROW or, after City may acquire the Falloncrest ROW, to design or construct the Falloncrest ROW Improvements at any time in the future. Under no circumstances shall Developer be required to pay the owners of Falloncrest for the irrevocable dedication of the Falloncrest ROW , easements or the removal of the obstructions therein. If the Conditions Precedent fail then, provided Developer is not the cause of any delays, the City shall expedite the review and approval of the plans and specifications of the Town Center Project Alternative Public Improvements to allow for the bidding of the Town Center Project Alternative Public Improvements such that the first plan check by the City shall be completed within fifteen (15) working days and subsequent review and plan check comments of the Plans and Specifications shall be completed within ten (10) working days of Developer’s submission of City-requested corrections.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 107

5 5-28-21

3. Preserve DIF Credit/Reimbursement.
i. DIF Ordinance Reimbursement or Credit Amount . The City Engineer has determined that the total cost of the Public Improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3.45 is “estimated” to be Ten Million Eight Hundred Forty -Nine Thousand Three Hundred Twenty -Eight dollars ($10,849,328) for Phase I, (Stages 1-3) (“Phase I, (Stages 1-3) DIF Cost”) and Five Million Eight Hundred Fifty Five Thousand Six Hundred Forty Three Dollars ($5,855,643)) for Stage 4 (“Stage 4 DIF Cost”) for a total DIF Cost of Sixteen Million Seven Hundred Five Thousand Two Hundred Sixty -Eight Dollars ($16,705,268) (“Total DIF Cost”), as more particularly set forth in the DIF Eligible Public Improvements Summary attached hereto as Exhibit B. The foregoing estimate of the Total DIF Cost shall be subject to adjustment based on the final accepted and approved "as -built plans" and specifications and the review of actual cost documentation by the City Engineer pursuant to the DIF Ordinance. ii. City Engineer’s Approval. Upon substantial completion and the opening to public traffic of the road or upon the final acceptance of any individual stage of the Public Improvements, including the Town Center Project Alternative Public Improvements , the Developer shall submit to City Engineer such information as City Engineer may require to calculate the total actual costs incurred by Developer to construct such stage of the Public Improvements (“Actual Costs”). Developer shall be reimbursed for the Actual Costs that Developer incurs to construct the Public Improvements pursuant to the DIF Ordinance as set forth in the DIF Eligible Public Improvement Summary attached hereto as Exhibit B.

Such Actual Costs shall include soft costs incurred and, in connection with the Public Improvements, such soft costs shall include those in excess of fifteen percent (15%) , irrespective of any City policy limiting soft costs ; provided the soft costs are generally consistent with those outlined in the approved detailed cost estimate of the Public Improvements at Exhibit B and provided further that the interim storm drain improvements shall only be included if deemed required by the Parties. The determination of approved Actual Costs shall be in City Engineer’s reasonable discretion. For avoidance of doubt, in the event that the Actual Costs exceed the estimated costs set forth in Exhibit B through no fault of Developer, Developer shall be entitled to be reimbursed such Actual Costs. iii. Project Credits.

Of the Phase I, (Stages 1-3) DIF Cost, as of March 1, 2021, Five Million Three Hundred Four Thousand One Hundred Thirty -Four dollars ($5,304,134.00) (“Harvest Project Credits”) has been used by Developer as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Developer’s Harvest Project.

An amount equal to the Phase I, (Stages 1 -3) DIF Cost, less the Harvest Project Credits, remains to be returned to Developer as a priority reimbursement and/or as a project credit against Preserve DIF Circulation Fees otherwise due and payable by Developer anywhere within the Lewis Property. Whenever Developer elects to use all or any portion of th e remaining amount as a project credit against Preserve DIF Circulation Fees otherwise due and payable within Lewis Property, Developer shall provide written notice to the City of the amount to be applied from time to time and the portion of the Lewis Property for which the project credit will be used and the assignee, if applicable, of such remaining amount.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 108

6 5-28-21
Under no circumstances shall Developer and/or its assignees receive priority reimbursement payments and project credit in connection the Phase I Improvements that, in total, exceed the Actual Phase I, (Stages 1-3) DIF Cost.

Of the Stage 4 DIF Cost, Developer or any assignee, at their sole election, pursuant to Section 7 below shall have the right to use the Stage 4 DIF Cost as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Developer’s Master Site Approval (PL19-0071) pursuant to the DIF Ordinance as more particularly set forth in Exhibit F titled “Project Credit/Reimbursement Summary” attached hereto and made a part hereof.
iv. Reimbursement.

Phase I, (Stages 1-3) Reimbursement. An amount equal to the Phase I, (Stages 1-3) DIF Cost, as ultimately determined by the City Engineer, less the Harvest Project Credits remains to be returned to Developer as a priority reimbursement (“Phase I, (Stages 1-3) Remaining Amount ”). The Phase I, (Stages 1 -3) Remaining Amount shall be returned to Developer as a reimbursement due and payable by City to Developer in the amounts based on available Preserve DIF Circulation Fees balances, as calculated by City’s Development Services Director, in cash commencing when the Phase I Improvements are substantially complete and opened for public use and annually thereafter until fully paid.

Stage 4 Reimbursement. An amount equal to the Total DIF Cost for Stage 4 or, alternatively, the Town Center Project Alternative Public Improvements , as ultimately determined by the City Engineer, less the future project credit for Master Site Approval Pl19-0071 remains to be returned to Developer as a priority reimbursement (“Stage 4 Remaining Amount”). The Stage 4 Remaining Amount shall be returned to Developer as a reimbursement due and payable by City to Developer as more particularly set forth below. Developer shall submit to City ’s project manager in the Engineering Division quarterly progress invoices for costs incurred by Developer in connection with the Falloncrest ROW Improvements, which shall include Exhibit H titled “Submittal Checklist”. All submittals shall be in accordance with the information required per the City’s Bidding and Contrac t Requirements for Public Improvements included in the Development Impact Fee Nexus and Calculation Report and correlating Master Facilities Plan.

City shall, within ten (10) days after the submittal of such invoice, review and approve or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision; provided that the City may extend this review period for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal . In the event of the delivery by City to Developer of a request for revision, Developer, City, Construction Manager and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate and City shall, then, within five (5) days after the resubmittal of such invoice, review and approve or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 109

7 5-28-21
shall provide payment to Developer within five (5) days after such approval. To the extent that the costs allocable to the Falloncrest ROW Improv ements are not readily discernable in any invoice submitted to Developer, the Construction Manager shall determine the appropriate allocation of such costs based upon the ratio of the construction costs applicable to the Falloncrest ROW Improvements to the total construction costs of the Stage 4 Improvements. City’s review of invoices hereunder shall be conducted in good faith and City’s approval shall not be unreasonably withheld, conditioned or delayed.

Notwithstanding the foregoing, Developer or any assignee pursuant to Section 7 below, in their sole election and without City approval, shall have the right, but not the obligation, to use all or any portion of the Phase I, (Stages 1-3) Remaining Amount and/or the Stage 4 Remaining Amount as a project credit toward any properties within the Preserve Specific Plan area owned by either entity constituting the Developer herein .

Accordingly, if elected by Developer or any assignee pursuant to Section 7 below, The Preserve DIF Circulation Fees may be partially or entirely offset by the Phase I, (Stages 1- 3) Remaining Amount and the Phase Stage 4 Remaining Amount per the provisions of Section 3(iii) above.
v. Annual Reconciliation. Once each year, commencing February 1, 2022 and each February 1st thereafter (or the next business day if February 1 falls on a weekend or state or national holiday), City and Developer representatives shall meet for the purpose of ascertaining the amount of the reimbursement paid by C ity to the D eveloper from The Preserve DIF Circulation Fees collected from properties in the Preserve during the prior calendar year and the amount of project credit taken by Developer (or any assignee) against its obligation to pay The Preserve DIF Circulation Fees for its development of any portion of the Project. C ity and Developer shall prepare a document that reconciles the C ity’s reimbursement payment amount to Developer (or any assignee), if any, and project credit amount taken by the Developer (or any assignee), if any, attributable to the prior calendar year that shall be signed by said representatives. When so signed, said reconciliation document shall constitute a revision of Remaining Amount then remaining and it shall be binding on the Parties.
vi. Failure of Conditions Precedent . If the Conditions Precedent described in Section 2 are not satisfied in a timely manner , including the cure period set forth therein , and Developer constructs the Town Center Project Alternative Public Improvements as set forth on Exhibit E, as a covenant that shall survive the termination of this Agreement, the City shall reimburse to Developer or give to Developer Street DIF credits in the amount of all soft costs incurred by Developer in connection with the Falloncrest ROW Improvements.

vii. Reservation of DIFs for Reimbursement of Fallo ncrest ROW Improvements. City agrees to specifically and exclusively reserve and earmark funds held in its Circulation (Streets, Signals and Bridges) System DIF Fund in the amount of $2,939,694.98 for the cash reimbursement to Developer for the Actual Costs incurred by Developer in connection with the Falloncrest ROW Improvements. Notwithstanding the foregoing, in the event that, upon the award of a contract for construction of the Falloncrest ROW Improvements it is determined that the costs of the Falloncrest ROW Improvements will be more or less than the Engineering Cost Estimate attached h ereto as Exhibit B, the

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 110

8 5-28-21
above amount to be reserved and earmarked by the City shall be reduced or increased accordingly.

4. Acceptance of Improvements . Developer shall give notice t o City when the construction of any stage of the Phase I Improvements (i.e., Stages 1, 2, and/or 3 thereof), the Stage 4 Improvements and/or the Town Center Project Alternative Public Improvements, is complete.

Within twenty (20) days after City receives each such notice, City shall inspect and deliver to Developer a punch list of modifications or corrections to bring such Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and cor rections requested by City Engineer and all such additional costs shall be added to the Actual Costs at the sole discretion of the City Engineer. Subsequent inspections shall occur within t en (10) days of such request until such time as the City Engineer deems such Public Improvements acceptable, at which time the City Engineer shall schedule and present to City Council for acceptance of such Public Improvements. The Public Improvements shall be the sole property of C ity upon the final acceptance by the City Council. Developer’s Warranty Bond shall remain in effect for one -year from the final acceptance date by the City Council of each stage of the Public Improvements. For avoidance of doubt, such notice, inspection and acceptance may be made individually or collectively for one or more stages of the Phase I Public Improvements, the Stage 4 Improvements and/or the Town Center Project Alternative Public Improvements.

5. Indemnity. Developer, to the fullest extent permitted by law, shall indemnify, defend, and hold the City and its elected and appointed officials, agents, employees, and authorized volunteers harmless from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (inc luding but not limited to attorneys’ fees, expert witness fees, and court costs) (“Claims”) that arise, directly or indirectly, from Developer’s negligence or willful misconduct in the design and/or construction of the public i mprovements; provided, however, the foregoing indemnity provision shall only apply to Claims which are tendered by the City to Developer by written notice delivered within one -year from the date on which the public improvements are substantially complete and open for public use and shall survive the termination of this Agreement for the remainder of that one -year period to the extent applicable . This indemnification excludes such portion of any Claim to the extent caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction, and shall also expressly excludes injury or damage suffered by the public after the improvements are substantially complete and open for public use. It is understood that the duty to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. For avoidance of doubt, the foregoing indemnify, defense and hold harmless obligations of developer shall not apply to any Claims which are tendered by the City to Developer by written notice delivered after the date which is one -year from the date on which the public improvements are substantially complete and open for public use.

6. Maintenance. City agrees that City shall be responsible for the maintenance costs associated with the Falloncrest ROW Improvements, including the prorated share of the landscape median islands, which shall be included in the estimated c osts and Actual Costs for the cost to maintain landscaping and street lighting in th e median island, in an amount reasonably approved by the City’s Development Services Director, until acceptance by the City and City shall condition

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 111

9 5-28-21
the approval of Falloncrest on Falloncrest paying the maintenance costs of the Falloncrest ROW Improvements, including the prorated share of the landscape median islands, in perpetuity.

Developer will have the Preserve Master Maintenance Corporation (“PMMC”) perform the maintenance of the Stage 4 Improvements after acceptance by the City. City agrees to set a side $30,000 as the reasonable estimated amount of the Falloncrest ROW Improvements prorata share of the maintenance costs (which includes administrative costs, reserves and insurance in addition to utilities and landscape maintenance) for three (3) years; provided, however, such amount shall be adjusted and any overpayment credited against, or underpayment added to, the following years’ payment obligation based on actual Falloncrest ROW Improvements prorata maintenance costs incurred for any given year. Payment of the Falloncrest prorata share of the maintenance costs shall be through a maintenance association or other applicable vehicle established by Falloncrest with City approval for the payment of same . Until such time that Falloncrest’s prorat a share of maintenance costs is fully funded by such maintenance association or other applicable vehicle, City agrees to fund the Falloncrest ROW prorata share of the maintenance costs on a quarterly basis upon receipt of invoices from the PMMC.

7. Assignment. Developer may assign this Agreement to a third party subject to the approval of City’s Director of Development Services in his reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee as requested by City . Notwithstanding anything in this Agreement to the contrary , Developer may assign its rights to all or a portion of the Remaining Amount to one or more subsequent owners of all or any portion of the Project, on the form set forth in Exhibit G attached hereto and made a part hereof.

8. Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or a gency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

9. Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

10. Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested) , or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty -eight (48) hours from the time of mailing if mailed as provided in this Section:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email: [email protected]

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 112

10 5-28-21

With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Avenue,
Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.

Email: [email protected]

To Developer: Chino Development Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: Mr. .Bryan T. Goodman

Chino Preserve Development
Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: Mr. Bryan T. Goodman

With a copy to:

Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786
Attn: General Counsel

11. Cooperation; Further Acts . The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

12. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.

13. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any con tractual right by custom, estoppel, or otherwise.

13. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation, provided that nothing herein shall limit Developer's rights as set forth i n Section 5 above.

14. No Third-Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 113

11 5-28-21

15. Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Governing Law; Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

17. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

18. City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or br each by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.

19. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

20. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A
Exhibit A-1
Location Map Harvest Project
Location Map Town Center at The Preserve Project
Exhibit B DIF Eligible Public Improvements Summary
Exhibit C
Exhibit C-1
Exhibit D
Exhibit D-1
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Legal Description Falloncrest ROW
Plat of Falloncrest ROW
List of Obstructions
Map Depicting Obstructions
Town Center Project Alternative Public Improvements
Project Credit/Reimbursement Summary
Form of Assignment
Submittal Checklist

SIGNATURE PAGE FOLLOWS

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 114

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 115

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 116

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 117

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 118

01225.0005/716235.4

EXHIBIT A

LOCATION MAP

HARVEST PROJECT

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 119

01225.0005/716235.4

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 120

01225.0005/716235.4

EXHIBIT B

DIF ELIGIBLE PUBLIC IMPROVEMENTS SUMMARY

PHASE I (STAGES 1-3) $10,849,625
$
10,849,625

STAGE 4
Falloncrest ROW Improvements – (North
of CL) $2,939,695
Town Center at The Preserve
Improvements (South of CL) $2,915,948
TOTAL STAGE 4 Estimate $5,855,643 $5,855,643

TOTAL DIF ELIGIBLE PUBLIC
IMPROVEMENTS $16,705,268
See attached detailed cost estimates for each project

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 121

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
4 EA Adjust Sewer Manhole to Grade $ 950.00 $ 3,800.00
EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
12 EA Adjust Water Valve and Can to Grade $ 525.00 $ 6,300.00 2 EA Relocate Fire Hydrant $ 4,000.00 $ 8,000.00
1 EA Relocate Air Vac $ 1,500.00 $ 1,500.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
2290 LF Sawcut A.C. $ 3.00 $ 6,870.00
LF Sawcut Concrete $ 3.00 $ -
7920 SF Cold Plane A.C. 2" Thick $ 0.28 $ 2,217.60
LF Signing & Striping for
3240 LF Arterial $ 19.00 $ 61,560.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal North Half only (8 - Phase Controller) $ 175,000.00 $ 350,000.00 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal
ofExisting Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 1 of 11 Effective Date: January 1, 2021

RESOLUTION NO 2020-080

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 122

01225.0005/716235.4

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
4 EA Adjust Sewer Manhole to Grade $ 950.00 $ 3,800.00
EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
12 EA Adjust Water Valve and Can to Grade $ 525.00 $ 6,300.00 2 EA Relocate Fire Hydrant $ 4,000.00 $ 8,000.00
1 EA Relocate Air Vac $ 1,500.00 $ 1,500.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
2290 LF Sawcut A.C. $ 3.00 $ 6,870.00
LF Sawcut Concrete $ 3.00 $ -
7920 SF Cold Plane A.C. 2" Thick $ 0.28 $ 2,217.60
LF Signing & Striping for
3240 LF Arterial $ 19.00 $ 61,560.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal North Half only (8 - Phase Controller) $ 175,000.00 $ 350,000.00 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for
Removal of Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -

EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021
RESOLUTION NO 2020-080

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 123

01225.0005/716235.4

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STREETS
8325 SF Half Median Landscape (Including shrubs,
Hardscape, Irrigation, Ground Cover, Lighting,
Installation Labor and Connection to Existing
Systems)
$ 15.00 $ 124,875.00
LF 14 foot Median with Landscape, Irrigation,
Lighting, Hardscape, Curb, Gutter &
Pavement
$ 300.00 $ -
Rail Road Crossing
LS Safety Equipment (Complete Including
Crossing Gates, Signs, and Lights)
$ 500,000.00 $ -
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ -
EA Traffic Signal Loops $ 600.00 $ -
2 EA Relocate Elec PB $ 2,500.00 $ 5,000.00
4 EA Relocate TS PB $ 4,000.00 $ 16,000.00
30 LF Guardrail $ 200.00 $ 6,000.00
SF Reconstruct Existing Driveway $ 8.00 $ -

STREETS
STREET SUBTOTAL $ 1,425,691.30
LS Mobilization (5% of Construction Cost) 5% $ 71,284.57 LS Traffic Control (10% of Construction Cost) 10% $ 142,569.13 LS Clear & Grub Site (5% of Construction Cost) 5% $ 71,284.57 LS Excavation (Clean Material) (5% of Construction
Cost)
5% $ 71,284.57
GRAND TOTAL STREETS ONLY $ 1,782,114.13

EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 124

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 80.00 $ -
73 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.
$ 100.00 $ 7,300.00
42 LF 12" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 135.00 $ 5,670.00
LF 18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration
$ 175.00 $ -
LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 12,970.00
LS Mobilization (5% of Construction Cost) 5% $ 648.50
LS Traffic Control (5% of Construction Cost) 5% $ 648.50 GRAND TOTAL WATER ONLY $ 14,267.00

EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 125

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 80.00 $ -
LF 8" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration.
$ 100.00 $ -
LF 12" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 135.00 $ -
LF 18" Pipe & Fittings Installed, including
excavation, bedding, backfill and pavement
restoration
$ 175.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
2 EA 2" Water Service/Meter $ 4,500.00 $ 9,000.00
1 EA 4" City Service Main (off IEUA 30" Main) $ 5,000.00 $ 5,000.00 2 EA 2" Backflow Device $ 1,500.00 $ 3,000.00

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 17,000.00
LS Mobilization (5% of Construction Cost) 5% $ 850.00
LS Traffic Control (5% of Construction Cost) 5% $ 850.00 GRAND TOTAL RECYCLED WATER ONLY $ 18,700.00

EngCostEstimate Page 5 of 11 Effective Date: January 1, 202

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 126

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF 4" V.C.P Installed, including excavation, bedding,
backfill and pavement restoration
$75.00 $ -
85 LF 8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration
$93.00 $ 7,905.00
40 LF 10" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$103.00 $ 4,120.00
LF 12" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$123.00 $ -
LF 15" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$143.00 $ -
LF 18" V.C.P. Installed, including excavation,
bedding, backfil land pavement restoration
$163.00 $ -
LF 21" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$193.00 $ -
LF 24" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
SEWER
SEWER SUBTOTAL $ 12,025.00
LS Mobilization (5% of Construction Cost) 5% $ 601.25
LS Traffic Control (5% of Construction Cost) 5% $ 601.25 GRAND TOTAL SEWER ONLY $ 13,227.50
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 127

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
EA Storm Drain Manhole #1 $ 10,000.00 $ -
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ - EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA 18"x18" Brooks Catch Basin with Grated Inlet $ 1,250.00 $ - EA Catch Basin 3.5' Width $ 7,200.00 $ -
EA Catch Basin 7' Width/L.D. $ 7,900.00 $ -
EA Catch Basin 10' Width/L.D. $ 9,950.00 $ -
EA Catch Basin 14' Width/L.D. $ 11,000.00 $ -
EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF 18 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 200.00 $ -
LF 24 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 240.00 $ -
LF 27 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 260.00 $ -
LF 30 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 280.00 $ -
LF 33 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 295.00 $ -
LF 36 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 310.00 $ -
LF 39 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 320.00 $ -
LF 42 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 330.00 $ -
LF 45 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 360.00 $ -
LF 48 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 385.00 $ -
LF 54 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 440.00 $ -
LF 60 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 500.00 $ -
EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 128

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per
Item

STORM DRAIN
LF 66 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 560.00 $ -
LF 72 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 625.00 $ -
LF 78 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 690.00 $ -
LF 84 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 765.00 $ -
LF 90 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 830.00 $ -
LF 96 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 920.00 $ -
LF 102 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 108 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,075.00 $ -
LF 7' x 3' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 650.00 $ -
LF 7' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 700.00 $ -
LF 7' x 8.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 820.00 $ -
LF 7' x 9.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 870.00 $ -
LF 8' x 11' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 8' x 13' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 9' x 9' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 9' x 12' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 4' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 680.00 $ -
EA Brick and Mortar Plug $ 1,800.00 $ -
2300 LF 18" HDPE or PVC $ 75.00 $ 172,500.00
6 EA Drop Inlets $ 1,200.00 $ 7,200.00
LF Vegetated Drainage Swale $ 150.00 $ -
LF Remove Existing Twin 24" HDPE $ 30.00 $ -

STORM DRAIN
STORM DRAIN SUBTOTAL $ 179,700.00
LS Mobilization (5% of Construction Cost) 5% $ 8,985.00 LS Traffic Control (5% of Construction Cost) 5% $ 8,985.00 GRAND TOTAL STORM DRAIN ONLY $ 197,670.00
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 129

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost Per
Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 1,782,114.13
GRAND TOTAL WATER ONLY $ 14,267.00
GRAND TOTAL RECYCLED WATER ONLY $ 18,700.00
GRAND TOTAL SEWER ONLY $ 13,227.50
GRAND TOTAL STORM DRAIN ONLY $ 197,670.00

GRAND TOTAL (FOR PLAN CHECK &

INSPECTION FEE DETERMINATION)
$ 2,025,978.63

PROJECT

ADDITIVES
Project Contingencies 15% $ 303,896.79
Bond/Insurance 1% $ 20,259.79
Design Fees 10% $ 202,597.86
Construction management 4% $ 81,039.15
Construction Staking 6% $ 121,558.72
Soils Testing 1% $ 20,259.79
Material Testing 1% $ 20,259.79
Construction Inspection 4.8% $ 97,246.97
Plan Check Fee 1.3% $ 26,337.72
Contract Administration 1% $ 20,259.79
GRAND TOTAL (FOR BOND AMOUNTS) $ 2,939,694.98
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 130

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021

BY CITY
Faithful Performance Bond (100% of Construction Cost)
Labor & Material Bond (50% of Construction Cost)
Warranty Bond (10% of Construction Cost)

$ 2,939,700.00
$ 1,469,800.00
$ 294,000.00

EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

Place R.C.E. Stamp and Signature Here (required)

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 131

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STREETS
EA Tree Removal $ 800.00 $ -
CY Concrete Removal $ 325.00 $ -
760 CY AC Pavement Removal $ 100.00 $ 76,000.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ - 14544 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 14,544.00 845 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 21,970.00 LF PCC 8" Curb & 24" Gutter on 6" AB $ 24.00 $ -
2220 LF PCC Curb Only $ 20.00 $ 44,400.00
LF 8" A.C. Berm $ 20.00 $ -
1240 SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ 19,840.00 28686 SF 4" PCC Sidewalk $ 5.80 $ 166,378.80
SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ -
780 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ 11,700.00 LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
EA Traffic Sign and Post $ 400.00 $ -
EA Reflector Sign and Post $ 175.00 $ -
EA Painted Legend $ 6.50 $ -
SF Prime or Tack Coat $ 0.08 $ -
TON AC Variable - <300T $ 130.00 $ -
1440 TON AC Variable - >300T (10" AC and 2" Overlay) $ 120.00 $ 172,800.00 TON CAB Variable - <300T $ 100.00 $ -
873 TON CAB Variable - >300T (12" CAB) $ 90.00 $ 78,570.00 EngCostEstimate Page 1 of 11
Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 132

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STREETS
3 EA Adjust Sewer Manhole to Grade $ 950.00 $ 2,850.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
3 EA Adjust Water Valve and Can to Grade $ 525.00 $ 1,575.00 EA Relocate Fire Hydrant $ 4,000.00 $ -
2 EA Relocate Air Vac/Blow -off $ 1,500.00 $ 3,000.00
EA Street Light (City Owner) $ 7,700.00 $ -
EA Electrical Pedestal $ 6,500.00 $ -
EA Lot Monument Setting Fee $ 550.00 $ -
1240 LF Sawcut A.C. $ 3.00 $ 3,720.00
LF Sawcut Concrete $ 3.00 $ -
42420 SF Cold Plane A.C. 2" Thick $ 0.28 $ 11,877.60
LF Signing & Striping for
2125 LF Arterial $ 19.00 $ 40,375.00
Collector $ 13.00 $ -
Local $ 7.00 $ -
2 EA Traffic Signal South Half only (8 - Phase
Controller)
$ 175,000.00 $ 350,000.00
2 EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ 150,000.00 LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for
Removal of Existing Fence)
$ 25.00 $ -
6 foot School fence (Add $9.00/LF for
Removal of Existing Fence)
$ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
EA Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 133

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STREETS
9000 SF Half Median Landscape (Including shrubs,
Hardscape, Irrigation, Ground Cover, Lighting,
Installation Labor and Connection to Existing
Systems)
$ 15.00 $ 135,000.00
LF 14 foot Median with Landscape, Irrigation, Lighting, Hardscape, Curb, Gutter & Pavement
$ 300.00 $ -
Rail Road Crossing
LS Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights)
$ 500,000.00 $ -
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
12 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 48,000.00 700 LF Remove and Dispose of Existing Curb and Gutter $ 5.00 $ 3,500.00 365 LF Remove and Dispose AC Berm $ 5.00 $ 1,825.00
6 EA Relocate Street Light, Pullbox and Conduit $ 6,500.00 $ 39,000.00 LF Guardrail $ 200.00 $ -
4 SF Relocate Street Sign $ 100.00 $ 400.00
1640 LF Remove and Dispose Chain Link Fence $ 7.00 $ 11,480.00 1 EA Relocate of Adjust SCE Vault $ 5,000.00 $ 5,000.00 2 EA Relocate Transformer by SCE $ 10,000.00 $ 20,000.00 14985 SF Parkway Landscaping $ 8.00 $ 119,880.00
1690 SF Construct Decorate Pavers per Landscape Plan $ 20.00 $ 33,800.00

STREETS
STREET SUBTOTAL $ 1,587,485.40
LS Mobilization (5% of Construction Cost) 5% $ 79,374.27 LS Traffic Control (10% of Construction Cost) 10% $ 158,748.54 LS Clear & Grub Site (5% of Construction Cost) 5% $ 79,374.27 LS Excavation (Clean Material) (5% of Construction
Cost)
5% $ 79,374.27
GRAND TOTAL STREETS ONLY $ 1,984,356.75
EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 134

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration
$ 80.00 $ -
LF 8" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration.
$ 100.00 $ -
36 LF 12" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 135.00 $ 4,860.00
LF 18" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 175.00 $ -
LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
1 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 7,500.00 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 12,360.00
LS Mobilization (5% of Construction Cost) 5% $ 618.00
LS Traffic Control (5% of Construction Cost) 5% $ 618.00 GRAND TOTAL WATER ONLY $ 13,596.00
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 135

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding (Imported) $ 90.00 $ -
LF 6" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration
$ 80.00 $ -
106 LF 8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.
$ 100.00 $ 10,600.00
LF 12" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 135.00 $ -
LF 18" Pipe & Fittings Installed, including
excavation, bedding , backfill and pavement
restoration
$ 175.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
EA 4" City Service Main (off IEUA 30" Main) $ 5,000.00 $ - EA 2" Backflow Device $ 1,500.00 $ -

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 10,600.00
LS Mobilization (5% of Construction Cost) 5% $ 530.00
LS Traffic Control (5% of Construction Cost) 5% $ 530.00 GRAND TOTAL RECYCLED WATER ONLY $ 11,660.00
EngCostEstimate Page 5 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 136

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF 4" V.C.P Installed, including excavation,
bedding, backfill and pavement restoration
$75.00 $ -
LF 8" V.C.P Installed, including excavation,
bedding, backfill and pavement restoration
$93.00 $ -
LF 10" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$103.00 $ -
LF 12" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$123.00 $ -
LF 15" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$143.00 $ -
LF 18" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$163.00 $ -
LF 21" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$193.00 $ -
LF 24" V.C.P. Installed, including excavation,
bedding, backfill and pavement restoration
$208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -

SEWER
SEWER SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL SEWER ONLY $ -
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 137

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
EA Storm Drain Manhole #1 $ 10,000.00 $ -
EA Junction Structure #2 (24" or larger) $ 8,850.00 $ - EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA 18"x18" Brooks Catch Basin with Grated Inlet $ 1,250.00 $ - EA Catch Basin 3.5' Width $ 7,200.00 $ -
EA Catch Basin 7' Width/L.D. $ 7,900.00 $ -
EA Catch Basin 10' Width/L.D. $ 9,950.00 $ -
EA Catch Basin 14' Width/L.D. $ 11,000.00 $ -
EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF 18 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 200.00 $ -
LF 24 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 240.00 $ -
LF 27 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 260.00 $ -
LF 30 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 280.00 $ -
LF 33 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 295.00 $ -
LF 36 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 310.00 $ -
LF 39 inch RCP Installed, including excavation,
bedding ,backfill and pavement restoration
$ 320.00 $ -
LF 42 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 330.00 $ -
LF 45 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 360.00 $ -
LF 48 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 385.00 $ -
LF 54 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 440.00 $ -
LF 60 inch RCP Installed, including excavation,
bedding ,backfill and pavement restoration
$ 500.00 $ -
EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 138

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

STORM DRAIN
LF 66 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 560.00 $ -
LF 72 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 625.00 $ -
LF 78 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 690.00 $ -
LF 84 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 765.00 $ -
LF 90 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 830.00 $ -
LF 96 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 920.00 $ -
LF 102 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 108 inch RCP Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,075.00 $ -
LF 7' x 3' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 650.00 $ -
LF 7' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 700.00 $ -
LF 7' x 8.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 820.00 $ -
LF 7' x 9.5' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 870.00 $ -
LF 8' x 11' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 8' x 13' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 9' x 9' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,000.00 $ -
LF 9' x 12' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 1,100.00 $ -
LF 4' x 6' RCB Installed, including excavation,
bedding, backfill and pavement restoration
$ 680.00 $ -
EA Brick and Mortar Plug $ 1,800.00 $ -
LF 12" HDPE $ 50.00 $ -
LF Vegetated Drainage Swale $ 150.00 $ -
LF Remove Existing Twin 24" HDPE $ 30.00 $ -

STORM DRAIN
STORM DRAIN SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 139

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item
GRAND TOTAL STORM DRAIN ONLY $ -
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 140

01225.0005/716235.4
RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit Price Total Cost
Per Item

DIRECT
COSTS
GRAND TOTAL STREETS ONLY $ 1,984,356.75
GRAND TOTAL WATER ONLY $ 13,596.00

GRAND TOTAL RECYCLED WATER
ONLY
$ 11,660.00
GRAND TOTAL SEWER ONLY $ -
GRAND TOTAL STORM DRAIN ONLY $ -

GRAND TOTAL (FOR PLAN CHECK &

INSPECTION FEE DETERMINATION)
$ 2,009,612.75

PROJECT ADDITIVES Project Contingencies 15% $ 301,441.91 Insurance 1% $ 20,096.13
Design Fees 10% $ 200,961.28
Construction management 4% $ 80,384.51
Construction Staking 6% $ 120,576.77
Soils Testing 1% $ 20,096.13
Material Testing 1% $ 20,096.13
Construction Inspection 4.8% $ 96,461.41
Plan Check Fee 1.3% $ 26,124.97
Contract Administration 1% $ 20,096.13
GRAND TOTAL (FOR BOND AMOUNTS) $ 2,915,948.10
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 141

RESOLUTION NO 2020-080

EXHIBIT B

ENGINEERING COST ESTIMATE
PROJECT NO: Tract 16420-3 - North of CL Improvements Falloncrest LOCATION : Pine Ave - Between West Preserve Loop and Harvest Way

By: Mark Anderson

DATE: 3/25/2021
Quantity Unit Item Unit
Price
Total Cost
Per Item

BY CITY

Faithful Performance Bond (100% of Construction
Cost) Labor & Material Bond (50% of Construction
Cost) Warranty Bond (10% of Construction Cost)

$ 2,915,900.00
$ 1,458,000.00
$ 291,600.00

EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

Place R.C.E. Stamp and Signature Here (required)

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 142

EXHIBIT C

LEGAL DESCRIPTION FALLONCREST ROW AND TEMPORARY CONSTRUCTION

EASEMENT

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 143

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 144

EXHIBIT C-1

PLAT OF FALLONCREST ROW AND TEMPORARY CONSTRUCTION EASEMENT

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 145

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 146

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 147

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 148

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 149

EXHIBIT D

LIST OF OBSTRUCTIONS
Removal or relocation outside of the Falloncrest Right of Way of all the obstructions will be at the cost of the City. Any obstructions removed or relocated by Developer with street improvement work will be included in DIF Amounts to be Reimbursed.

Items to be completed with street improvement work by Developer at City cost:

1. Relocate 2 Fire hydrants-2-City of Chino, possibly IEUA (1 purple hydrant probably recycled water)

2. Remove IEUA Control Cabinet (abandoned), adjust meter vault, relocate meter pedestal

3. Relocate 3-4 traffic signal pull boxes-3 in existing pavement Items to be removed or relocated outside of the Falloncrest Right of Way by Falloncrest:

1. Relocate Private Light/pole in front of milking barns (Sta 192+40)

2. Relocate existing fencing-chain link and metal approx. 650LF near West Preserve Loop

3. Relocate storage containers behind fence

4. Reconstruct concrete driveways serving 2 houses

5. Retaining wall near milk barn in ROW (Sta 192+ 40)

6. All Trees, walls, landscape, dirt within Right of Way and Temporary Construction Easement

7. Grading to provide access to driveways from Pine Avenue Items to be relocated by applicable utility companies at City’s cost:

1. Relocate Overhead utility pole serving house (Sta 184)

2. Relocate any underground utilities serving houses on Pine Ave

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 150

EXHIBIT D-1

DEPICTION OF OBSTRUCTIONS

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 151

EXHIBIT E

TOWN CENTER PROJECT ALTERNATIVE PUBLIC IMPROVEMENTS
[Please See Following Page]

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 152

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 153

EXHIBIT F

PROJECT CREDIT/REIMBURSEMENT SUMMARY

Pine Ave -Phase I (stages 1-3) and
Stage 4

Phase I (Stages 1-3)
Cost Estimate $10,849,328
Less: Harvest Street DIF credits
used $5,304,134
Phase I Reimbursement $5,545,194

Stage 4
Falloncrest ROW Improvements
(North of CL) $2,939,695
Town Center at the Preserve
Improvements (South of CL) $2,915,948
Total Cost Estimate Stage 4 $5,855,643

Less: Town Center at the
Preserve Street Credits $2,915,948
Stage 4 Reimbursement $2,939,695

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 154

2 EXHIBIT G

FORM OF ASSIGNMENT
(Assignment of Credit)

❖ Contract No.:
❖ Assignor: Chino Preserve Development Corporation
❖ Project Name: ____________________________________
❖ DIF Credit and Reimbursement Summary:

Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF

Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
❖ Assignee:

❖ Credit Transfer Amount: $
❖ Remaining Credit: $

“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.”

[SIGNATURES ON FOLLOWING PAGE]

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 155

3 EXHIBIT H

“SUBMITTAL CHECKLIST”

1. It is strongly suggested that the submitting party request a meeting with the City representatives prior to preparing a submittal for the purpose of agreeing on format and content as discussed in this checklist.

2. Request Letter - Statement of purpose

a) DIF Requests
o Provide the Tract Map/Parcel Map/Project No. for which the public improvements are associated and reference the
corelating agreement number(s)
o Clearly state the related DIF project number(s) included in the most current DIF Nexus Study
o Description of improvements and a correlating map showing the public improvements (see No. 6)
o State the Authority - Development Agreement, Subdivision Improvement Agreement, Public Improvement Agreement,
DIF Nexus Study, etc.
o Background - discuss any construction phasing, any
connection with on -site development projects, any joint reimbursement with other developers or any other helpful information relevant to the submittal
o Dollar amount of request per the DIF Nexus Study
o Contact person and contact information
o Summary Checklist (see attachment) indicating, by checking boxes, all items included in the submittal
b) Dollar amount of request
c) Contact person and contact information
d) Summary Checklist (see attachment) indicating, by checking boxes, all items included in the submittal

3. History of previous reimbursements, including approved amounts and dates (separate attachment). Projects should be itemized project by project. Do not include lumps sum amounts for multiple projects. Include project numbers, Tract Map/Parcel Map/Project No., reference all correlating agreements.

4. All relevant forms related to requests for reimbursements as called for in the reimbursement agreements

5. Any disbursement instructions (bank wiring information)

6. A location map, vicinity map or any other exhibit that describes the location of improvements and type of improvements with related improvements shown in bold.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 156

4 7. A summary spreadsheet that shows contract numbers, invoice n umbers, invoice amounts, retention amounts, amounts that are eligible for reimbursement and totals submitted in excel spreadsheet format (editable) that can be used to check summations. All hard costs and soft costs shall be grouped and tabulated separately.

8. The limits of improvements for each submittal shall be reasonably determined, avoiding “piecemeal” or disjointed improvement lists. Improvements shall be contiguous where possible. Where DIF reimbursements or credits are requested, costs shall be segregated by DIF identification numbers.

9. All invoice details (contracts separated by tabs) including invoices, proof of payment (copies of cancelled checks), lien releases, time and materials reports and certified payroll reports if required.

10. Copies of contracts and change orders that support the invoices, where contracts are applicable. For example, where improvements are installed by a contractor under a construction contract, copies of the contract and all change orders related to improvement costs will be required. Permit fees, DIF fees, consultant invoices for design and construction management, and all other work performed under agreements, purchase orders, etc. will obviously not require copies of a contract.

11. Excerpts of bid documents that demonstrate that contract was publicly bid, where required by relevant agreements.

12. Evidence that prevailing wages were paid, where required by relevant agreements.

13. Any other supporting documents as needed.

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 157

Submittal Checklist

Completed by: Name
Date Submitted: Date
Submittal/Project Name: Name

Check Box Project Location in
Additional Details File Notes
Submittal Checklist
Request Letter
History of Reimbursements
All Relevant Request Forms
Disbursement Instructions
Location/Vicinity Map
Summary Spreadsheet (Excel)
Invoice Details
Contracts & Change Orders
Bid Documents
Prevailing Wage Evidence

12.8.a
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 158
Exhibit 2 - Project Location

Pine Avenue

12.8.b
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 159

Page 1 of 6 ends

01225.0005/887368.3

Contract No.: 2022-029 A1
Approved:

FIRST AMENDMENT
TO

CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT
FOR

PINE AVENUE STREET IMPROVEMENTS
(Phase I, (Stages 1-3) & Stage 4)

THIS FIRST AMENDMENT TO CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT FOR PINE AVENUE STREET IMPROVEMENTS (“Amendment No. 1 ”) is made and entered into thi s 16th day of May 2023 (“Effective Date”), by and between the CITY OF CHINO, a California municipal corporation (“City”) and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California Corporation (collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties".

RECITALS

WHEREAS, Pine Avenue, between Euclid and Hellman Avenues, is a major roadway arterial within The Preserve Specific Plan area that will be a total of six -lanes with a raised landscaped median when fully constructed; and

WHEREAS, traditionally, new developments within The Preserve that are adjacent to Pine Avenue are required by the City to dedicate the necessary right-of-way for, and to design and construct portions of, the roadway segments as identified; and

WHEREAS, City and Dev eloper entered into that certain Construction Credit/Reimbursement Agreement for Pine Avenue Street Improvements (Phase I, (Stages 1-3) & Stage 4) on June 15, 2021 ("Agreement") for the phased construction of the Pine Avenue Street Improvements for Stages 1-4; and

WHEREAS, Developer is currently in active construction of the Stage 4 Pine Avenue Improvements ("Stage 4"), which include s three eastbound lanes and two westbound lanes from the westerly boundary of the Town Center at The Preserve to Harvest Way/Homecoming Drive; and

WHEREAS, City requested that Lewis include additional roadway rehabilitation at the intersection of Pine Avenue/West Preserve Loop to mitigate associated noise and vibration resulting from vehicles traveling through subject intersection as shown in Exhibit I ("Additional Work"); and

WHEREAS, Developer completed the bidding for the Additional Work, which is estimated to cost $84,050, which includes contingencies and soft costs; and

WHEREAS, City is appropriating $84,050 from the unappropriated reserves of the Road Repair and Accountability Act Fund to offset costs associated with the Additional Work; and WHEREAS, City desires to amend the Agreement with Developer to include the Additional Work for an amount not to exceed $84,050 for a total contract amount of $16,789,318.

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 160

Page 2 of 6 ends

01225.0005/887368.3

TERMS

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. CONTRACT CHANGES.

(a) Section 2.1 is hereby added to the Agreement and shall read as follows:

2.1 Construction of Additional Improvements . In addition to the improvements described in Section 2, Developer shall perform grind and overlay work at the intersection of Pine Avenue and West Preserve Loop up to approximately 120 feet north of the intersection, as more fully detailed in Exhibit I (“Additional Improvements”). The anticipated cost of the Additional Work is $84,050 and is broken down in Exhibit J.

Upon substantial completion or upon the final acceptance by City of the Additional Improvements, Developer shall submit to City Engineer an invoice for the amount o f the actual costs of constructing the Additional Improvements, including soft costs, including sufficient information and documentation to allow the City Engineer to calculate and verify such actual costs. The final determination of such actual costs sha ll be in the City Engineer’s reasonable discretion.

City shall, within ten (10) days after the submittal of such invoice, review and approve the invoice or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision; provided that the City may extend this review period for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal. In the event of the delivery by City to Developer of a request for revision, Developer, City, Construction Manager and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate, and City shall then, within five (5) days after the resubmittal of such invoice, review and approve the invoice or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City shall provide payment of the invoice to Developer within five (5) days after such approval. City’s review of invoices hereunder shall be conducted in good faith and City’s approval shall not be unreasonably withheld, conditioned, or delayed.

Acceptance of the Additional Improvements shall be subject to the procedures in Section 4 of this Agreement. Developer shall be responsible for the maintenance of all Additional Improvements until the acceptable of the A dditional Improvements by the City. The Additional Improvements shall be the sole property of City upon acceptance of same by the City.

(b) Section 5 of the Agreement is amended as follows (new text in underline):

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 161

Page 3 of 6 ends

01225.0005/887368.3
only apply to Claims which are tendered by the City to Developer by written notice delivered within one-year from the date on which the public improvements, including the Additional Improvements, are substantially complete and open for public use and shall survive the termination of this Agreement for the remainder of that one-year period to the extent applicable. This indemnification excludes such portion of any Claim to the extent caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction, and shall also expressly excludes injury or damage suffered by the public after the improvements are substantially complete and open for pu blic use. It is understood that the duty to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

For avoidance of doubt, the foregoing indemnify, defense and hold harmless obligations of developer shall not apply to any Claims which are tendered by the City to Developer by written notice delivered after the date which is one-year from the date on which the public improvements, including the Additional Improvements, are substantially complete and open for public use.

2. WARRANTY RE ABSENCE OF DEFAULTS. D eveloper represents and warrants to City that, as of the Effective Date of this Amendment No. 1, Developer is not in default of any material term of the Agreement, and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material defau lt under the Agreement by Developer.

3. CONTINUING EFFECT OF AGREEMENT. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1.

4. COUNTERPARTS. This Amendment No. 1 may be executed in multiple identical counterparts, each of which shall be deemed an original, but a ll of which together will constitute one and the same instrument.

5. AUTHORITY. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 162

Page 4 of 6 ends

01225.0005/887368.3

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed as of the day and year first above written.

DEVELOPER CITY
CHINO DEVELOPMENT CORPORATION, a
California corporation
CITY OF CHINO, a municipal corporation

_________________________________
Bryan Goodman
Its: ____________________

_________________________________
Linda Reich
City Manager

CHINO PRESERVE DEVELOPMENT
CORPORATION, a California corporation
ATTEST:

_________________________________
Bryan Goodman
Its: ____________________

_________________________________
Natalie Gonzaga
City Clerk

APPROVED AS TO CONTENT:

_________________________________
Nicholas S. Liguori, AICP
Director of Development Services

APPROVED AS TO FORM:

_________________________________
Fred Galante
City Attorney

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 163

Page 5 of 6 ends

01225.0005/887368.3

EXHIBIT I

DESCRIPTION AND LOCATION OF ADDITIONAL WORK

Description of Additional Work: Developer shall provide pavement rehabilitation at the Pine Avenue/West Preserve Loop intersection as part of Stage 4. The scope of work includes the subject intersection and roadway pavement on West Preserve Loop approxima tely 120 feet north of the intersection . All work shall be performed in accordance with the City’s Standard Specifications.

Location of Additional Work:

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 164

Page 6 of 6 ends

01225.0005/887368.3

EXHIBIT J

COSTS OF ADDITIONAL WORK

12.8.c
Amendment No. 1 to Construction Agreement for Pine
Packet Pg. 165

Revenue: Expenditure: 3227190 - 48004 - MS232

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: PROFESSIONAL SERVICES AGREEMENT - CHINO SPECTRUM TRAFFIC STUDY (MS232).

RECOMMENDATION
1) Award a Professional Services Agreement in the amount of $145,005 with Iteris, Inc, Los Angeles, CA for Engineering Design and Bid Support Services for Project No. MS232 - Chino Spectrum Traffic Study; 2) approve design contingencies of $4,995, for a potential agreement amount not-to-exceed $150,000; 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 P rogram for Project No. MS232.

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

12.9 NEW BUSINESS
Packet Pg. 166
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - CHINO SPECTRUM TRAFFIC STUDY (MS232)
PAGE 2

BACKGROUND
In July 2021, City Council awarded the Grand Avenue and Pipeline Avenue Pavement Rehabilitation Project (ST162 & TR171). During the award of these projects, City Council also authorized a traffic study of the Chino Spectrum area. The traffic study will review the pedestrian crossing at Roswell Avenue crossing Grand Avenue and the west leg of the Spectrum West and East intersections along Grand Avenue to determine their impact and identify how these crosswalks are best accomplished in a future project.

ISSUES/ANALYSIS
Since the award of the paving project, the scope of the Chino Spectrum Traffic Study has evolved to include other traffic-related concerns in the area.

The traffic study will analyze pedestrian crossings along Grand Avenue and review and implement new traffic signal timing along the corridors, updating and improving the traf fic signal synchronization with Caltrans and the City of Chino Hills. The improved signal timing will address peak weekday periods, including weekends, Sundays, and the heavy end -of-the-year shopping season.

With the recent completion of the pavement rehab ilitation of Grand Avenue and Pipeline Avenue, the traffic study will also analyze modifying the truck routing to reduce future pavement impacts on Grand Avenue by redirecting most trucks along other truck routes. The truck route analysis will include a re view of location -specific improvements to help alleviate truck traffic impacts, such as corner modifications or lane widening. Once completed, staff will present the traffic study findings to City Council.

To accomplish this work, staff has solicited Reque sts for Proposals (RFP) for professional consulting services from qualified traffic engineering firms. On March 10, 2023, the City closed the proposal window and received five proposals. The proposals were evaluated by a staff evaluation team on the following criteria: qualifications of the firm, past related experiences and performance, firm profile, personnel/staffing plan, project references, understanding of the assignments, work plan, demonstrated technical ability, and the firm’s potential to accompli sh the project goals within budget as described in the RFP, and selected the consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance.

Below is the final ranking of the firms based on their proposals.

RANK ITERIS, INC LOCATION
1 Iteris, Inc Los Angeles, CA
2 Fehr and Peers Irvine, CA
3 Kimbley - Horn Orange, CA
4 LG2WB Engineers Irvine, CA
5 Minagar & Associates Laguna Hills, CA

Therefore, Staff recommends that City Council approve a Professiona l Services Agreement in the amount of $145,005 to Iteris, Inc, Los Angeles, CA, for Traffic Engineering Design and Support Services for Project No. MS232 - Chino Spectrum Traffic Study. Staff also recommends that the City Council approve a design contingen cy of up to $4,995, for a potential agreement amount not-to-exceed $150,000.

12.9 NEW BUSINESS
Packet Pg. 167
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - CHINO SPECTRUM TRAFFIC STUDY (MS232)
PAGE 3

Attachment: Iteris, Inc. - Agreement (MS232)

12.9 NEW BUSINESS
Packet Pg. 168
Project Name/No.: Chino Spectrum Traffic Study (MS232) Contract No.: ______________

Project Manager: PW/Dennis Ralls Approved: ______________

01203.0001/298339.1

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
ITERIS, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2nd day of May, 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Iteris, Inc., Lo s Angeles , CA (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and condi tions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is experienced in performing the work and services contemplated herein . Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required he reunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 169
01225.0001/458446.1
“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 Regula tions, 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 su ch statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this 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.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailin g wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 170
01225.0001/458446.1
(e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public work s projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Workday. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Con tractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation . California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her 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 lic enses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City,

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 171
01225.0001/458446.1
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 syste m and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until 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 Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 172
01225.0001/458446.1
consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shal l be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed One Hundred Forty-Five Thousand and Five Dollars and Zero Cents ($145,005.00) (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 approv ed 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.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 173
01225.0001/458446.1
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Consultant shall also submit a list of the prevailing wage rates for all employees and subco ntractors 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 inv oice; 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 r eturned 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.

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.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 174
01225.0001/458446.1

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 conclusi ve upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being 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, 20 24, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional Two (1) year (s) periods 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)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and rep utation 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.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 175
01225.0001/458446.1

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Dennis Ralls, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions 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 o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or 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.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 176
01225.0001/458446.1
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, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregat e. 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 requ ired 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 includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the 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 require d herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on fi le with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant 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.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 177
01225.0001/458446.1
(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 non -contributory basis for the benefit of City before the City’s own insu rance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, C ity has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved 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 all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waiver s and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limi ts or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the 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 limitati ons. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 178
01225.0001/458446.1
(l) Separation of insureds. A severability o f interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies ) shall not contain any cross-liability exclusions.
(m) 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 t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City 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 f rom 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 kind s of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties ”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obl igations, errors, omissions or liabilities whether actual or threatened (herein “claims or 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:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys ’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 179
01225.0001/458446.1
(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 negligen t performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employee s in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subco ntractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to 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 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 aw are 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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 180
01225.0001/458446.1
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 pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assign ment.

Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the e vent 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 confident ial, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, comp laint, 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, b ut 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 g overned both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, 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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 181
01225.0001/458446.1
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 n ot have any obligation or duty to continue compensating Consultant for any work performed after the date of default.

Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the 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.

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 an y 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 a ny 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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 182
01225.0001/458446.1
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 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 gover n 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, wi th or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be 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 prio r 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 term inating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Ci ty may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required here under exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any 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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 183
01225.0001/458446.1
be 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 und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or 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 r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 184
01225.0001/458446.1
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 acc ordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This 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 understan dings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted 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 A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or 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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 185
01225.0001/458446.1
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, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it 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 under stands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of 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, ad ministrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 186
01225.0001/458446.1
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Amer Jakher, Director of Public Works

CONSULTANT:

Iteris, Inc.

By:

Name:

Title:

By:

Name:

Title:

Address:

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 187

01225.0001/458446.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 188

01225.0001/458446.1 A1-1
EXHIBIT “A-1”

SCOPE OF SERVICES

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 189

01225.0001/458446.1 A1-2

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 190

01225.0001/458446.1 A1-3

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 191

01225.0001/458446.1 A1-4

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 192

01225.0001/458446.1 A1-5

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 193

01225.0001/458446.1 A1-6

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 194

01225.0001/458446.1 A1-7

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 195

01225.0001/458446.1 B-1
EXHIBIT “B”

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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 196

01225.0001/458446.1 C-1
EXHIBIT “C”

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

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 197

01225.0001/458446.1 C1-1
EXHIBIT “C-1”

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 198

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”.

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 199

01225.0001/458446.1
D1-1
EXHIBIT “D-1”

SCHEDULE

12.9.a
Award of Professional Services Agreement for Chino
Packet Pg. 200

Revenue: Expenditure: 6607400-48070,66074001-48070

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AUTHORIZE A VENDOR PURCHASE ORDER FOR POLICE VEHICLES.

RECOMMENDATION
1) Approve a purchase order to Brannen Motors, Unadilla GA in the amount of $561,890.25, for the purchase of ten (10) Model Year 2023 Ford Explorer utility interceptors, and one (1) Model year 2023 Ford F-150 Police responder truck for the Police Depart ment, waiving formal bidding requirements; 2) Set the vendor cap for Brannen Motors to $577,000.00; 3) Authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in 2022-20223 operating budget

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

12.10 NEW BUSINESS
Packet Pg. 201
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: AUTHORIZE A VENDOR PURCHASE ORDER FOR POLICE VEHICLES PAGE 2

BACKGROUND
The Public Works Department/Fleet Division is responsible for purchasing, maintaining, repairing, and replacing all City-owned vehicles. The life cycle of each City vehicle is tracked in a fleet management system that evaluates the mileage, age, type of service (emergency response, administrative, heavy duty), maintenance/repair history, and overall conditio n of each vehicle. Staff also identifies when a vehicle reaches the end of its economic life cycle (when it becomes more costly to continue operating the vehicle instead of replacing it).

Over the past two fiscal years, the following eight (8) vehicles (as signed to the Police Department) were designated for replacement:

1. Unit 533 - 2012 Chevrolet Tahoe

2. Unit 562 - 2015 Chevrolet Tahoe

3. Unit 565 - 2016 Ford Utility Interceptor

4. Unit 568 - 2015 Chevrolet Tahoe

5. Unit 572 - 2014 Chevrolet Caprice

6. Unit 575 - 2016 Ford Utility Interceptor

7. Unit 577 - 2015 Chevrolet Tahoe

8. Unit 586 - 2012 Chevrolet Tahoe

Additionally, the approved Fiscal Year 2022-23 budget includes funds to purchase three (3) new vehicles for the Police Department. These vehicles will be additions to the City’s fleet.

1. Unit 550 - Ford Interceptor Utility

2. Unit 551 - Ford Interceptor Utility

3. Unit 552 - Ford F-150 Police Responder

ISSUES/ANALYSIS
Over the past 18 months, staff have on five separate occasions published bid pac kages for various subsets of the vehicles listed above and circulated those bid packages on Planet Bids or sought to ‘piggy -back’ on existing requests for proposals issued by purchasing consortiums such as the National Joint Powers Alliance (NJPA) (aka Sou rcewell). In each case, proposals were received from qualified vendors, contracts and purchase orders were approved, and the selected vendor was authorized to place vehicle orders. Unfortunately, in each of these five instances, vendors were subsequently n otified by our primary vehicle manufacturers (Ford and General Motors) that police vehicles were unavailable as production lines had been stopped due to supply chain constraints.

Recently, staff identified a dealership (Brannen Motors Company) in Unadilla, Georgia, with the model year 2023 Ford Interceptor Utility vehicles and model year 2023 Ford F -150 vehicles in stock. Pricing was requested for ten (10) model year 2023 Ford Interceptor Utility vehicles and one (1) 2023 model year 2023 Ford F -150 Police R esponder vehicle. In response, Brannen Motors Company presented a quote for the specified vehicles with the following pricing:

12.10 NEW BUSINESS
Packet Pg. 202
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: AUTHORIZE A VENDOR PURCHASE ORDER FOR POLICE VEHICLES PAGE 3

Brannen Motors Company, Unadilla, GA
Vehicle Description Price Taxes/Fees Total Cost
2023 Ford Utility Interceptor (10) $452,000.00 $53,030.00 $505,030.00 2023 Ford F-150 Responder (1) $51,100.00 $5,760.25 $56,860.25

Brannen Motors Company pricing is in line with proposals received from the five bid packages.

Pricing has been reviewed and approved by City staff and, as a result, was selected as the vendor to provide the vehicles mentioned above. Pursuant to Chino's Purchasing Ordinance at Chino Municipal Code subsections 3.32.070 D.,1 and 3, formal bidding requirements may be waived when no competitive advantage would be gained from competitive pricing, such as when the equipment is only available from one source or when a vendor was awarded a bid by another public agency and the terms and pricing are the same as those offered to the City, respectively. In light of the above explanation of City staff's efforts to secure the purchase of the vehicles in question within the times required by the City, staff recommends that the City Council waive the formal bidding requirements in accordance with C.M.C. subsections 3.32.070 D.,1 and 3 and approve a purchase order to Brannen Motor Company, Unadilla, GA, in the amount of $503,100 plus sales tax and fees of $58,790.25, for a total amount of $561,890.25.

Included in the total amount are the shipping fees of $1,800 per unit for transportation and delivery of the vehicles to the City. Upon approval, the vehicles are estimated to be delivered within seven to fourteen business days. All support documents are on file with the City’s Finance Department/Purchasing Division.

12.10 NEW BUSINESS
Packet Pg. 203

Revenue: Expenditure: 1002000-43300-N2026

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: EUNICE M. ULLOA, MAYOR

SUBJECT: COMMUNITY SUPPORT FUND.

RECOMMENDATION
Approve community support fund contributions to: Chino American Little League ($500), Chino Boxing Club ($500), Chino Girls Fastpitch ($250), Chino Kiwanis Club ($500), Chino Mounted Posse ($1,000), Chino National Little League ($500), Chino Neighborhood House ($250), Chino Police Officers Foundation ($250), Chino Youth Museum ($250), Don Lugo High School’s Future Farmers of America ($250), Isaiah’s Rock ($250), Monte Vista ($250), and UCHOOZ Positive Youth ($250).

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

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

13.11 MAYOR AND COUNCIL REPORTS
Packet Pg. 204
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: COMMUNITY SUPPORT FUND
PAGE 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and comm unity groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Ulloa recommends that the City Council approve the following contributions:
· Chino American Li ttle League - $500: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league. · Chino Boxing Club - $500: Through hard work and developing boxing skills, this group helps Chino youth bui ld their self -esteem, self -respect, character, discipline, and confidence.
· Chino Girls Fastpitch - $250: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball. · Chino Kiwanis Club, Corn Feed Run - $500: The Chino Kiwanis Club is dedicated to serving the Chino Community through various service and fundraising projects. This contribution will support the Chino Kiwanis Club’s annual Corn feed Run Car Show & Cruise. The proceeds go to events and activities that benefit youth and seniors in our community.
· Chino Mounted Posse - $1,000: Committed to providing aid and assistance to the Chino community in emergency situations or perform special mounted services as directe d by the Chino Police Department.
· Chino National Little League - $500: Provides a safe environment for Chino youth to learn and play baseball while also developing leadership and teamwork skills. · Chino Neighborhood House - $250: Offers low to moderate income families food and resources.
· Chino Police Officers Foundation - $250: Dedicated to offer support to families and youth in the community.
· Chino Youth Museum - $250: Provides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today. · Don Lugo High School’s Future Farmers of America - $250: Students are encouraged to engage in workshops, leadership conferences, and contests that help them develop life skills after high school.
· Isaiah’s Rock - $250: Provides food, clothing, and other vital resources to those in need. · Monte Vista 4 -H Club - $250: Engages and helps youth reach their fullest potential through hands-on learning, focusing on youth development and leadership skills through outdoor activities, equestrian, and agricultural activities. · UCHOOZ Positive Youth - $250: Provides positive activities and support for youth in and around the Downtown Chino area.

By approving these contributions, these groups will be better equip ped to provide services to

13.11 MAYOR AND COUNCIL REPORTS
Packet Pg. 205
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: COMMUNITY SUPPORT FUND
PAGE 3

our community. Therefore, as proposed by Mayor Ulloa, staff recommends that the City Council approve the community support contributions to: Chino American Little League, Chino Boxing Club, Chino Girls Fastpitch, Chino Kiwanis Cl ub, Chino Mounted Posse, Chino National Little League, Chino Neighborhood House, Chino Police Officers Foundation, Chino Youth Museum, Don Lugo High School’s Future Farmers of America, Isaiah’s Rock, Monte Vista, and UCHOOZ Positive Youth.

13.11 MAYOR AND COUNCIL REPORTS
Packet Pg. 206

Revenue: Expenditure: 1002000-43300-N2031

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MAY 16, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: KAREN C. COMSTOCK, MAYOR PRO TEM

SUBJECT: COMMUNITY SUPPORT FUND.

RECOMMENDATION
Approve community support fund contributions: to Chino Girls Fastpitch ($250), Chino High School Sports Boosters ($250), Chino Kiwanis Club ($250), Chino National Little League ($500), Chino Police Explorer Post #211 ($250), Chino Police Officers Association ($500 ), Chino Valley Fire Foundation, Inc. ($500), Chino Valley Soroptimist ($500), Chino Youth Boxing Foundation ($250), Chino Youth Museum ($250), Don Lugo High School Sports Boosters ($500), Isaiah’s Rock ($250), Rancho Del Chino Rotary Club ($250), UCHOOZ P ositive Youth ($250).

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

Public Service Excellence through Internal and External Partnerships

13.12 MAYOR AND COUNCIL REPORTS
Packet Pg. 207
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: COMMUNITY SUPPORT FUND
PAGE 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Comstock recommends that the City Council approve the following contributions:
· Chino Girls Fastpitch - $250: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball. · Chino High School Sports Boosters - $250: The Sports Boosters are an all -parent volunteer organization who work in conjunction with Chino High School to help promote and support the athletic programs with items such as uniforms, athletic equipment, special events, and scholarships.
· Chino Kiwanis Club - $250: Serves the Chino com munity through various services and citywide fundraising projects.
· Chino National Little League - $500: Provides a safe environment for Chino youth to learn and play baseball while also developing leadership and teamwork skills. · Chino Police Explorer Post # 211 - $250: Provides our community’s youth the opportunity to build their character and learn about the many aspects of law enforcement. Likewise, the program allows our community’s youth to give back to their community through supporting community service events. · Chino Police Officers Association - $500: Dedicated to offer support to families and youth in the community.
· Chino Valley Fire Foundation, Inc. - $500: Help people during difficult times while promoting a range of fire and life safety messages to the community. · Chino Valley Soroptimist Club - $500: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources. · Chino Youth Boxing Foundation - $250: Provides character development, disci pline, and self-respect to the City’s youth through a local boxing program. · Chino Youth Museum - $250: Provides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today. · Don Lugo High Scho ol Sports Boosters - $500: The Sports Boosters are an all - parent volunteer organization who work in conjunction with Don Lugo High School to help promote and support the athletic programs with items such as uniforms, athletic equipment, special events and scholarships.
· Isaiah’s Rock - $250: Provides food, clothing, and other vital resources to those in need.
· Rancho Del Chino Rotary Club - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.

13.12 MAYOR AND COUNCIL REPORTS
Packet Pg. 208
COUNCIL MEETING DATE: MAY 16, 2023
SUBJECT: COMMUNITY SUPPORT FUND
PAGE 3

· UCHOOZ Positive Youth - $250: Provides positive activities and support for youth in and around the Downtown Chino area.

By approving these contributions, these groups will be better equipped to provide services to our community. Therefore, as proposed by Mayor Pro Tem Comstock, staff recommends that the City Council approve the community support contributions to the Chino Girls Fastpitch, Chino High School Sports Boosters, Chino Kiwanis Club, Chino National Little League, Chino Police Explorer Post #211, Chino Poli ce Officers Association, Chino Valley Fire Foundation, Inc., Chino Valley Soroptimist Club, Chino Youth Boxing Foundation, Chino Youth Museum, Don Lugo High School Sports Boosters, Isaiah’s Rock, Rancho Del Chino Rotary Club, UCHOOZ Positive Youth.

13.12 MAYOR AND COUNCIL REPORTS
Packet Pg. 209

Chino City CouncilMay 16, 2023

Chino City Council
May 16, 2023