(e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Section 2. Intention. The City Council declares that it intends to annex the property described in Section 3 hereof to the Landscape and Lighting District No. 2002-1 and to levy assessments on all of the lots and parcels of assessable property which are proposed to be annexed to the Landscape and Lighting District No. 2002-1 for fiscal year 2023-24 in the amounts set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
Section 3. Improvements. The improvement shall include the following:
(a) Streetlights (as shown on Exhibit “A”), and any facilities which are appurtenant to such public lighting facilities, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to all matters specified in subdivision (d) of Section 22525 of the Streets and Highways Code; and
(b) The maintenance or servicing, or both, of public lighting facilities.
Section 4. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, which are proposed to be levied on the assessable lots and parcels of property in Annexation No. 88 or Zone 88 of the Landscape and Lighting District No. 2002-1 for fiscal year 2023-24.
Section 5. Duration of Assessments; Annual Increases and Election . The assessments shall be levied on all parcels of assessable property in Annexation Zone 88 of the Assessment District, a s identified in the Report, so long as the assessments are necessary to finance the maintenance and servicing of the improvements specified in Section 3 hereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase for inflation, based on the Consumer Price Index (CPI). The assessment ballots which are to be mailed to the owners of assessable parcels of property in Annexation No. 88 or Zone 88, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amounts of the assessments as specified above.
Section 6. Hearing. The public hearing on the proposed annexation of the property within Annexation No. 88 to the Landscape and Light ing District No. 2002 -1 and the assessments which are proposed be levied for fiscal year 2023-24 and which is required by Sections 22587 through 22594 and 22624 through 22629 of the Streets and Highways Code and Section 53753 of the Government Code is set for 6:00 p.m. on January 16, 2024 in the Council Chambers, 13220 Central Avenue, Chino, California.
Section 7. Notice of Hearing and Ballots. The City Clerk shall mail a notice of the proposed annexation and detachment and the proposed assessments and of the time and place of the public hearing, as specified in Section 6 hereof, to the record owner of each parcel of property identified in the Report. Such notice shall specify the total amount of the 332
RESOLUTION NO. 2023-066
assessment chargeable to all the property with in Annexation No. 88 or Zone 88 of the Landscape and Lighting District No. 200 2-1, the amount chargeable to each owner’s particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amounts of the proposed assessments were calculated, together with the date, time and location of the public hearing as specified in Section 6 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessment not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, assessment ballots submitted in opposition to the assessment exceed the assessment ballots submitted in favor of the assessment. There shall be included with each such notice mailed to owners of identified parcels within Annexation No. 88 an assessment ballot which includes the City’s address for receipt of any ballot when completed by any owner receiving such notice whereby such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessment.
APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2023.
EUNICE ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
333
RESOLUTION NO. 2023-066
State of California )
County of San Bernardino ) §
City of Chino )
I, Naralie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 7th day of November 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit A – Location Map Streetlights
334
335
CITY OF CHINO, CALIFORNIA
COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 88 ZONE NO. 88
SITE APPROVAL PL17-0082
(MANIFEST DESTINY TRUCKING COMPANY)
ENGINEER’S REPORT
FISCAL YEAR 2023-2024
336
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 2 of 4
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).
Section 2. – General Description
The City Council has requi red that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 88 for the purpose of off-setting the costs associated with maintaining, operating and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:
SITE APPROVAL PL17-0082
ANNEXATION/ZONE NO. 88
Construction of a 2,117 SF office building a nd a trucking facility on 4.5 acres of land. Located at the northeas t corner of Magnolia Ave and Edison Avenue.
Section 3. – Maintenance
Detailed maintenance activities shall include:
A. STREET LIGHTS – The repair, removal or replacement of all or any p art necessary to provide for the normal operation and maintenance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repai r includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.
B. LANDSCAPING - The repair, removal or replacement of all or any part of any improvement providing for the li fe, growth, health and beauty of the landscaping including cultivation, irrig ation, trimming, spraying, fertilization or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Also included are energy costs of the irrigation control system.
Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.
337
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 3 of 4
In conformance with the Conditions of Approval, and by reference, they are made a part of this report to the same extent as if said p lans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available for review in the Public Works Department and, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were attached hereto.
Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement construction. All improvements will be constructed by the developer. Based on data from other cities, contrac t analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $280.95 for the first year for Site Approval PL17-0082. This cost is estimated only; actual assessment will be based on actual cost data. The estimated total costs for Annexation No. 88 into Landscaping and Lighting District No. 88 are shown below.
SITE APPROVAL PL17-0082
ANNEXATION/ZONE NO. 88
ESTIMATE OF THE COST OF MAINTENANCE WORK
Landscape Maintenance Contract
Landscape $ 0.21 Per square foot per year
Water $ 0.17 Per square foot per year
Electrical $ 0.06 Per square foot per year
TOTAL $ 0.44 Per square foot per year
Equestrian Trail Maintenance Contract $ 0.56 Per square foot per year
Lighting Maintenance Contract $ 17.64 Per lamp per year
S.C.E.-Owned Street Lights:
6,300 lumen $ 130.07 Per lamp per year
9,500 lumen $ 141.96 Per lamp per year
16,000 lumen $ 170.44 Per lamp per year
22,000 lumen $ 189.38 Per lamp per year
28,000 lumen $ 196.51 Per lamp per year
338
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 4 of 4
Annual Maintenance Costs for Landscaped Areas
Interior Area: -0- Sq. ft. x $0.44 = $ -0-
Exterior Area: -0- Sq. ft. x $0.44 = $ -0- *
Total Annual Maintenance Costs = $ -0-
Annual Maintenance Costs for Equestrian Trails
Interior Area: -0- Sq. ft. x $0.050 = $ -0-
Exterior Area: -0- Sq. ft. x $0.050 = $ -0- *
Total Annual Maintenance Costs = $ -0-
*This amount reflects Council policy to fund 50% of perimeter maintenance costs.
Annual Maintenance Cost of City-Owned Street Lights
LOCATION
LAMP TYPE
NO. OF
LIGHTS
ENERGY COSTS
PER YEAR
MAINTENANCE
COSTS PER YEAR
TOTAL
Interior
4,000-LED
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Interior 4,000-LED $ 14.00/Lamp + $12.00/Lamp $ -0- Interior 8,500-LED $ 30.00/Lamp + $12.00/Lamp $ -0- Interior 10,000-LED $ 32.00/Lamp + $12.00/Lamp $ -0-
l
Subtotal = (a)
$
-0-
Perimeter
4,000-LED
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Perimeter 4,000-LED $ 14.00/Lamp + $12.00/Lamp $ -0- Perimeter 8,500-LED 1 $ 30.00/Lamp + $12.00/Lamp $ 42.00 Perimeter 10,000-LED 3 $ 32.00/Lamp + $12.00/Lamp $ 132.00 Perimeter 15,000-LED $ 60.00/Lamp + $12.00/Lamp $ -0-
Council policy to fund 50% of perimeter costs Subtotal = (b) $ 87.00
Total Annual Cost of Street Lights
= (a + b)
$
87.00 Annual Maintenance Costs Summary
Total Annual Landscape Maintenance Cost $ -0-
Total Annual Equestrian Trail Maintenance Cost $ -0-
Total Annual Street Light Maintenance Cost $ 87.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 187.30
Supplies and Services (18% of Direct Cost) $ 33.71
Administration (12% of Direct Cost) $ 22.48
Reserve Funds (20% of Direct Cost) $ 37.46
Total Annual Assessment $ 280.95
Total Annual Assessment Per Lot $ 280.95
Average Monthly Cost Per Lot $ 23.41
339
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, INTERIM DIRECTOR OF DEVELOPMENT
SERVICES
SUBJECT
..titl e
Introduction of Ordinance No. 2023 -020 Amending Title 12 (Streets, Sidewalks, and Other Public Places) of the Chino Municipal Code.
..end
RECOMMENDATION
..recommendation
Conduct a Public Hearing and approve the i ntroduction of Ordinance No. 2023 -020 Amending Title 12 (Streets, Sidewalks, and Other Public Places) of the Chino Municipal Code , to be read by number and title only, and waive further reading of the Ordinance. ..body
FISCAL IMPACT
There is no fiscal impact resulting from these changes to Title 12 of the City Municipal Code.
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:
Superior Customer Service
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
340
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: INTRODUCTION OF ORDINANCE NO. 2023 -020 AMENDING TITLE 12 OF THE CHINO MUNICIPAL CODE.
PAGE: 2
BACKGROUND
Chino Municipal Code Title 12 contains various regulations associated with streets, sidewalks, and other public property located in the right -of-way. These regulations serve many purposes, such as protecting City property interests in the right -of-way, as well as ensuring right -of-way dedications and public improvement construction is provided by development projects when determined to be necessary.
Staff is proposing updates to Chapters 12.02 (prot ection of interests within the public right -of- way), 12.04 (streets), and 12.08 (curbs, gutters, sidewalks, asphalt concrete street pavement and streetlights) of the Chino Municipal Code. Many of the recommended revisions are non - substantive and are solely intended to further clarify the City’s current practices and procedures.
The more substantial revisions are intended to address issues staff has encountered in the past with the implementation of these chapters. A description of the more substantial chang es is summarized below. These updates provide superior customer service by implementing more efficient and effective requirements pertaining to the City right -of-way. The updates also promote responsible long-range planning through the implementation of re quirements that help ensure orderly development continues throughout the City in accordance with the General Plan.
Staff discussed the proposed revisions with the City Council at a workshop held on April 11, 2023. Various questions were posed by the City Council regarding the proposed revisions. Staff was given direction to ensure that Chapter 12.04 of the Municipal Code continues to require the dedication of right -of-way whenever a building permit is issued for additions that increase the floor area of exi sting structures by more than 5 percent. In addition, the City Council directed staff to ensure the next Fee Schedule update includes a waiver for developers of small projects, such as residential home additions, that may experience a financial burden in p aying fees associated with the review and preparation of right-of-way dedication legal documents.
Staff previously intended to also proceed with an amendment to Chapter 12.16 (street trees) of the City Municipal Code, which contains provisions regarding street trees and other landscaping in the right-of-way. However, after further review, staff determined it would be more appropriate to first proceed with a complete update to the City’s street tree master plan before moving forward with amending Chapter 12 .16. When the updated street tree master plan has been completed, Chapter 12.16 will be brought before the City Council for review and action.
ISSUES/ANALYSIS
Attached Ordinance No. 2023 -020 outlines in detail the proposed changes suggested by staff and the City Council to Title 12 of the Chino Municipal Code. The following is a summary of the more substantial revisions:
Chapter 12.02
This chapter was updated primarily to clarify the requirements associated with encroachments into City right -of-way, whic h includes provisions regarding the issuance of encroachment permits. Current policies on street road closures and pavement restoration on moratorium streets were incorporated into this chapter. In addition, requirements associated with the construction of walls and fences within City right -of-way were included. Lastly, the process of issuing stop work orders, suspending/revoking encroachment permits, and implementing enforcement action for violations of this chapter have all been incorporated.
Chapter 12.04
341
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: INTRODUCTION OF ORDINANCE NO. 2023 -020 AMENDING TITLE 12 OF THE CHINO MUNICIPAL CODE.
PAGE: 3
Exceptions to the street right -of-way dedication requirement have been expanded to include accessory dwelling units (ADUs) and other accessory structures such as garages, swimming pools, and patio covers. The right-of-way street dedication requirement may also now be waived in those instances deemed impractical by the City Engineer.
Chapter 12.08
Exceptions to the requirement to construct public improvements along a development project’s property frontage have been expanded. The current Code language only grants exceptions to residential additions or alterations that increase the existing floor space by less than 5%. The proposed Code language allows exceptions to be granted for any proposed single -family residential addition or accessory structure (e.g., ADUs, garages, swimming pools, and patio covers). Exceptions to commercial and industrial additions would also be granted provided the additional square footage does not exceed 2,500 and 10,000 square feet respectively and the addition does not constitute more than 50% of the existing floor space.
The current language provides the City with discretion to enter into an agreement with a developer and place a lien on their property for the purposes of delaying the construction of required street frontage impro vements. This is allowed only when the developer’s property is located on a block that has less than 35% of the ultimate street improvements. This language has been replaced with new language that allows City staff to accept a fee payment in -lieu of construction when required street frontage improvements are determined to be infeasible or impractical.
Lastly, this chapter was further revised to incorporate enforcement provisions associated with violations to this chapter.
Attachment – Ordinance 2023-020
342
01225.0005/901810.2
ORDINANCE NO. 2023-020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTERS 12.02
(PROTECTION OF INTERESTS WITHIN THE RIGHT -OF-WAY),
12.04 (STREETS), AND 12.08 (CURBS, GUTTERS,
SIDEWALKS, ASPHALT CONCRETE STREET PAVEMENT AND
STREET LIGHTS) OF TITLE 1 2 OF THE CHINO MUNICIPAL
CODE
WHEREAS, the City reviews and updates the provisions of Title 12, Streets, Sidewalks and Other Public Places, from time to time to ensure the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12.02 of the Chino Municipal Code is hereby replaced in its entirety with the following:
Chapter 12.02 - PROTECTION OF INTERESTS WITHIN THE PUBLIC RIGHT-OF-WAY Sections:
12.02.010 - Legislative purposes.
A. The primary purpose of this chapter is to protect the life and property of the public, as well as the interests, rights and property of the city, from the impacts of encroachments within the public right -of-way. The secondary purpose of this chapter is to ensure that encroachments are conducted in accordance with the provisions of this chapter, the code and all other applicable laws and regulations, and to ensure that those who encroach in the public right -of-way are required to mitigate all adverse impacts of their activities on life, interests, rights and property, including those belonging to the city.
B. In order to effectuate the purposes of this chapter, the director is vested with the authority and discretion to implement the provisions of this chapter, the code and all other applicable laws and regulations.
12.02.020 - Definitions.
The following words or terms shall have the meanings described below:
A. "City" means the city of Chino and its employees, officers, officials, and contractors.
B. "Code" means the Chino Municipal Code.
C. "Director" means the director of public works or development services or their designee.
D. "Emergency repairs" means those repairs that are necessary when a vital infrastructure service has been damaged, compromised, or has failed resulting in a loss of service or constituting a hazard to public safety.
E. “Encroach” means to engage in or cause an encroachment. 343
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F. "Encroachment” means any of the following activities conducted within the public right-of-way or on private property in a way that impacts the right -of-way:
1. Construction, demolition, alteration, excavation, grading, resurfacing, repair, or other related work.
2. Installation, removal, or modification of any structure or improvement.
3. The placement of any obstruction or traffic contro l device, whether permanent or temporary.
“Encroachment” does not include routine maintenance activities along property frontage, such as the maintenance of private landscaping.
G. "Encroachment permit" means a permit to encroach issued by the director pursuant to this chapter.
H. “Person” means any person or entity.
I. "Public right-of-way" means any and all property, or any other right or interest in property, that the city owns, possesses, controls or regulates, which is used or maintained, or can be used or maintained, to carry, convey, transmit or transport any commodity, electricity, gas, information, oil, signal, storm water, wastewater, water or any other thing, service or substance. The term "public right-of-way" also means any condition, grade, facility, improvement or structure of any kind including, without limitation, any cable, camera, culvert, curb, drain, gutter, light, median, planting, pole, pipe, pump, sewer line, sidewalk, sign, signal, street, storm drain, valve, water line, well, or wire locate d within any land owned, possessed, controlled or regulated by the city.
J. "Stop work order" means an order issued by the director demanding immediate cessation of an encroachment.
K. "Within" means above, from, in, of, on, over, through, to and under. 12.02.030 - Encroachment permit.
A. No person shall encroach within the public right -of-way without first obtaining an encroachment permit or another permit allowing the encroachment under this Code.
B. The director is authorized and instructed to impose any and all conditions on each encroachment permit necessary to effectuate the purposes of this chapter, as stated in Section 12.02.010, and to assure compliance with the provisions of the code and all other applicable laws and regulations. The director may promulgate guidelines as necessary to effectuate and interpret this chapter.
C. Any person who fails to obtain an encroachment permit when required, or to comply with the terms and conditions of such permit, shall immediately cease any encroachment activity regardless of whether a stop work order has been issued by the city.
12.02.040 - Application for encroachment permit.
A. All persons seeking an encroachment permit shall submit an application for an encroachment permit to the director.
B. The application required for an encroachment permit shall require submittal of all information reasonably necessary for the issuance of an encroachment permit as determined by the director, including, without limitation, the following:
1. The name, address and telephone number of the appli cant; 344
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2. A description of the nature, location and duration of the proposed encroachment;
3. The plans and specifications for the proposed encroachment, which shall require the director's approval prior to the issuance of an encroachment permit;
4. The name, addres s and phone number of the on -site representative of applicant who is authorized to act on behalf of the applicant to accept a "demand for compliance" and "stop work order;" and
5. A letter of authorization from the applicant if the permit is being obtained on behalf of another person.
C. The director may also require an applicant to provide the following as part of the application if the director determines that such information is necessary in order to properly assess the risks of a proposed encroachment or to a dequately mitigate the impacts and effects of a proposed encroachment:
1. Studies, paid for by the applicant, demonstrating the effects, damages, and risks to life and property of the proposed encroachment; and
2. Proposals, including agreements, to mitigate the effects, damages, and risks to life and property of the proposed encroachment.
D. The application shall contain the following statement that shall be read and signed by the person requesting an encroachment permit:
"I _______, he reby apply for an Encroachment permit pursuant to the provisions of Chapter 12.02 of the Chino Municipal Code. I have received and read Chapter
12.02 of the Chino Municipal Code and I understand the requirements imposed upon me or my company and my agents, employees, con tractors and suppliers. I understand that any violation of Chapter 12.02 may result in the issuance of a "Demand For Compliance" requi ring me to comply with Chapter 12.02 and the directives of the Director of Public Works or Development Services within 24 hours unless I am able to satisfy said Director that such compliance is not required. I further understand that any violation of Chapter 12.02 may result in the issuance of a "Stop Work Order" requiring my project to be halted for an unspecified period of time and the suspension or revocation of any other permit issued to me by the City of Chino for this project. I further understand that any violat ion of Chapter 12.02 or the terms or conditions of the encroachment permit constitutes a misdemeanor and a public nuisance subject to all penalties and remedies under Chapters 1.12 and 1.15 of the Chino Municipal Code, in addition to potential suspension or revocation of the encroachment permit. Finally, I understand and agree to compensate the City of Chino and any other party for all c osts to restore any and all damage to the public right -of-way, other city property, and other life or property, and for all remediation costs of all environmental damage caused, directly or indirectly, by my acts or omissions as required by Chapter 12.02 of the Chino Municipal Code. DATED:________ By: ___________"
12.02.050 - Fees, insurance and security.
A. Each applicant for an encroachme nt permit shall pay a fee, as determined by resolution of the city council, to reimburse the city for the cost of all staff time and administrative expenses necessary to process the application for an encroachment permit, including such costs and administr ative expenses for plan checking, engineering, inspection and any costs of necessary construction by city forces or contractors.
345
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B. Each applicant seeking an encroachment permit shall furnish evidence of insurance in an amount determined by the director to be sufficient to protect life and property and city property including the public right -of-way from any damage or risk of harm potentially resulting from the encroachment.
C. Each person or entity shall deposit security with the city, as a condition of issuance of an encroachment permit, in an amount determined by the director to be sufficient to afford security for life and property, to repair or restore any property including the public right -of-way, and to assure compliance with all applicable laws and regula tions, except that the director may exempt any public utility company regulated by the public utilities commission or municipal corporation. Any such security may be in the form of a cash deposit, bond or letter of credit. Such security may be utilized by the city to repair or restore any damage to property including the public right-of-way to a like or a better condition than existed prior to the issuance of such encroachment permit, or conform to the requirements of any condition of the encroachment permi t.
D. The director may require an applicant to pay damages to the city or other person or entity who sustains or will sustain damage due to the applicant's encroachment as a condition of the issuance of an encroachment permit. 12.02.060 - Action of director.
A. After submission of a completed application for an encroachment permit, the director shall take one of the following actions:
1. Deny the encroachment permit, in whole or in part; or
2. Issue the encroachment permit with conditions necessary to protect life and property, and to guarantee compliance with this chapter, the code and all other applicable laws and regulations for the duration of the encroachment.
B. Each encroachment permit issued to an applicant by the director shall define and limit the nature, scope a nd duration of the encroachment.
C. Unless otherwise specified, encroachment permits are valid for 90 days from the date the permit is issued. Every permittee shall complete the work within the time required by the permit. The director may grant a time extens ion at his or her discretion. The permittee shall submit an application for an extension and pay an administrative fee prior to the expiration of the encroachment permit. 12.02.070 - Duty to protect life and property.
A. All persons encroaching within the public right-of-way shall protect all life and property from any damage or any risk of harm that may be caused by such encroachment. This duty shall continue for the full duration of the encroachment.
B. All persons encroaching within the public right -of-way who, directly or indirectly, cause any damage, interference, or obstruction to city or private property shall restore such property to a like or better condition that existed prior to the damage, interference or obstruction, to the satisfaction of the dire ctor.
C. Any person who fails to restore the public right -of-way, or such interests, rights or property belonging to the city or private property to the satisfaction of the director shall be liable for all costs to restore same and for reasonable attorney's fees and expert witness fees in the event litigation or other legal action is required to collect such costs.
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D. All persons shall comply with the requirements of this code and all applicable state and federal laws and regulations prior to and following the issuance of an encroachment permit.
12.02.080 – Pavement cutting.
Pavement cutting and excavation within the city shall be prohibited as follows:
A. After any street has been constructed, reconstructed, or paved by the city, under a city contract, or under a permit, no pavement cutting or excavation will be permitted for a period of five years after the city determines the construction has been completed. This will include asphalt overlays, pavement reconstruction/rehabilitation, and new pavement constructi on. After any street has been slurry sealed by the city, under a city contract, or under a permit, no pavement cutting or excavation will be permitted for a period of three years after the city determines the construction has been completed.
B. The director or city engineer may grant exemptions to this prohibition in order to facilitate new development on adjacent properties, provide for emergency repairs to subsurface facilities, provide for underground service connections to adjacent properties, or allow the upgrading of underground utility facilities.
C. When an encroachment permit for pavement cutting is granted by the director or city engineer, all restoration and repair work shall be completed in accordance with the city’s Street/Alley Resurfacing Po licy for streets/alleys under moratorium. This policy may be adopted and updated by the director from time to time as deemed necessary by the director.
12.02.090 – Road closures.
As a condition of each encroachment permit, the permittee shall comply with and be bound by the city’s Road Closure Permit Policy.
12.02.100 - Inquiry identification number.
Prior to the start of the work authorized by the encroachment permit, each applicant shall obtain an Inquiry Identification Number from the Regional Notification Center for Underground Center Alert of Southern California, pursuant to the Government Code sections 4216 through 4217.
12.02.110 - Demand for compliance.
Upon any violation of the provisions of this chapter or the terms and conditions of an encroachment permit, the director may serve a "demand for compliance" upon the applicant to whom an encroachment permit has been issued, or its on -site representative, demanding compliance with such requirements within twenty -four hours after personal servi ce of such demand for compliance or seventy -two hours after the date of mailing by the city. The demand for compliance shall include the following information:
A. The name of the applicant;
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B. The encroachment permit number;
C. The nature and location of each viol ation;
D. The time and place for applicant to meet and confer with the director prior to the time and date set for compliance, for the purpose of determining whether such compliance is necessary.
12.02.120 - Stop work order.
A. In the event that the applicant to whom the encroachment permit has been issued fails to comply with the "demand for compliance" or to meet and confer with the director to secure a determination that such compliance is not necessary prior to the time set for compliance in the demand for compliance, the director may issue a "stop work order" to the applicant prohibiting any further encroachment activity that fails to comply with the provisions of this chapter or the terms and conditions of the encroachment permit, or reasonably appears to ha ve caused any damage or obstruction within the public right -of-way or private property, or has imperiled or is reasonably likely to imperil life, safety or property, or imperils compliance with any other applicable law or regulation, including this code. F urther, the director may suspend or revoke the encroachment permit pursuant to the provisions of this chapter, and the city building official may suspend or revoke any building permit for the same activity for which an encroachment permit has been issued. In such event, the city building official shall follow the procedures provided by the City adopted California Building Code.
B. The director may also issue a stop work order to any other person for any violation of this chapter with or without a “demand for compliance” having been issued.
C. Stop work orders will be posted at the work site and, if reasonably possible, will be personally served on the applicant for the encroachment permit or another person who appears to be in charge of the work; provided, that failure to personally serve the stop work order will not invalidate the stop work order.
D. Upon posting of a stop work order, all activity related to the encroachment that is subject to the stop work order shall immediately cease. T he effective date of the stop work order shall be the date it is posted by the city.
E. Causing, allowing or permitting activity in violation of a stop work order shall constitute a violation of this code.
F. No person shall remove or deface a stop work order, o r allow or cause such to occur.
G. A stop work order shall be a cumulative remedy, and may be used in lieu of, in conjunction with, or in addition to any other remedy provided by this code, including permit suspension or revocation proceedings pursuant to thi s chapter. 12.02.130 – Construction of improvements within the right -of-way or city easements.
A. Permanent structures shall not be constructed within a city utility easement, or in a manner that otherwise interferes with city access to a city utility easement, unless approved in writing by the director or city engineer. Any structure constructed in violation of this section shall constitute a nuisance and may be abated in accordance with the provisions of chapter 8.50 of this code or as otherwise provided by law.
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B. The director, in his or her sole discretion, may permit the owner of any property to construct a fence or wall or other improvement within portions of the right -of-way adjacent to the property where future street widening or other frontage improvements are anticipated but are not yet required by the city. Prior to the construction of such private improvements in the right -of-way, the owner of the adjacent property shall enter into an agreement with the city, in a form approved by the city attorney, which shall be recorded against the private property and run with the land and be binding on future owners, and which shall state the conditions under which the improvement shall be removed, who is responsible for the removal and the cost of removal, and the required timing of the removal. If the property owner is required to remove the improvement but does not do so, the city may remove the improvement and assess the costs of such removal as a lien against the property.
12.02.140 – Permit suspension and revocation.
A. Determination by the director to suspend or revoke a permit. Whenever the director determines that work performed under a permit issued pursuant to this chapter has been undertaken or is being carried out in a manner that violates the ter ms or conditions of the permit, violates any term of an agreement with the city, violates this chapter or this code, is in violation of a stop work order issued by the city, or that the permit was issued based on an application or plans and specifications that contained a material misrepresentation of fact, the director may suspend or revoke the permit pursuant to this section.
B. Notice of order suspending or revoking a permit. Upon determining to order the suspension or revocation of a permit issued under this chapter, the director shall cause written notice of such order to be served on the permittee in the manner provided in this section. In addition to setting forth the order of the director suspending or revoking the permit, such notice shall contain a brief description of the reasons why the permit is being suspended or revoked, if applicable, the duration of the suspension and conditions to reinstatement, and shall contain a statement that the permittee has the right to appeal the order in the manner provided by this chapter.
C. Method of service on a permittee. Any notice required by this chapter to be served on a person applying for or issued a permit under this chapter, including but not limited to a stop work order, shall be served by personal delivery or first class mail sent to the address set forth on the p ermit application, unless the person has provided the director with written notice of a change of address. Service shall be deemed completed on the date it is properly addressed and deposited in the mail, or personally delivered.
D. Method of service on ot her persons. Any notice required by this chapter to be served on a person who has not applied for or obtained a permit under this chapter, including but not limited to a stop work order, shall be served by personal delivery or first class mail sent to the person’s last known address. Service shall be deemed completed on the date it is properly addressed and deposited in the mail, or personally delivered.
E. Effect of order suspending or revoking a permit. A permittee served with a notice of the order of the director suspending or revoking a permit issued under this 349
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chapter shall promptly terminate the encroachment or other work authorized by the permit, and restore the public right -of-way or other city property or easement in which such encroachment or other work was undertaken or carried out to the same condition as it was in prior to commencement of the encroachment or other work, or such modified condition as may be approved by the director. 12.02.150 – Appeals
Any recipient of a stop work order, or suspension or revocation of an encroachment permit, may appeal the order, suspension, or revocation by filing a written appeal with the city clerk within ten calendar days of the date the order, or notice of suspension or revocation, is served. The appeal must show cause why the stop work order should not have been issued, or why the permit should not have been suspended or revoked. The city manager, or designee, shall set a hearing date on the appeal not more than ten calendar days from receipt of the wr itten appeal and shall give the appellant notice of the hearing date through the method of service provided in Section 12.02.140. The decision of the city manager, or designee, on the appeal shall be final. The failure to file a timely and complete appe al as required herein shall constitute a waiver of all rights to appeal and a failure to exhaust administrative remedies. The submittal of an appeal shall not stay the stop work order, or suspension or revocation of an encroachment permit. 12.02.160 – Violation of encroachment permit, stop work order, agreement, or other violation of this chapter.
A. A violation of this chapter constitutes a misdemeanor, punishable pursuant to chapter 1.12 (General Penalty), at the discretion of the city prosecutor, as well as by administrative citation and fine, at the discretion of the city, pursuant to chapter
1.15 (Administrative Fines).
B. A violation of this chapter constitutes a public nuisance that may be abated, restrained or prevented by any means authorized by law, including injunctive relief.
C. Violation of any term of an agreement entered into with the city pursuant to this chapter shall also constitute a violation of this chapter, and shall be subject to the provisions of this section.
D. Each day a violation of this chapter continues constitutes a separate and distinct violation.
E. The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from utilizing any remedy in addition to, or in lieu of, any other remedy.
Section 2. Chapter 12.04 of the Chino Municipal Code is hereby replaced in its entirety with the following:
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Chapter 12.04 - STREETS
Sections:
12.04.010 - Street dedication requirement
No building permit shall be issued for any lot unless one -half of the street, which is located on the same side of the centerline of the street as such lot, has dedicated right - of-way for the full width of the lot along all street frontages so as to meet the city’s general plan and other city standards for such street.
12.04.020 – Waivers to requirement
A. Street dedication may be waived by the city engineer under any one of the following conditions:
1. When a building permit is issued for an addition which does not increase the floor area of an existing structure by more than five percent, and such addition is not constructed within the existing right -of-way or future right -of-way as identified in the city’s general plan;
2. When a building permit is issued for the remodeling or reconstruction of a building in any zone, and the value of such remodeling or reconstruction as determined by the building official does not exceed 10 percent of the assessed value of such building as shown on the latest adopted county assessor's tax roll;
3. When a building permit is issued in any zone for the purpose of demolition of a structure;
4. When a building permit is issued in any zone for the construction of a wall or fence as long as such wall or fence is not constructed within the existing right- of-way or future right -of-way as identified in the city’s general plan.
5. When a building permit is issued for the construction of accessory dwelling units, garages, carports, storage buildings, patio covers, swimming pools, and similar structures accessory to a single -family residence; and
6. Where dedication of the standard right -of-way is impractical as determined by the city engineer.
B. Notwithstanding any applicable exception in subsection (A), the city engineer may require dedication if the city engineer finds the change to the lot will cause sufficient increase in traffic flow to warrant widening the street.
Section 3. Chapter 12.08 of the Chino Municipal Code is hereby replaced in its entirety with the following:
Chapter 12.08 – CONSTRUCTION OF PUBLIC IMPROVEMENTS
Sections:
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12.08.010 - Absence dangerous to public health and safety.
The absence of curbs, gutters, sidewalks, asphalt concrete pavement and street lights in the streets adjoining dwellings, buildings, private, public or semipublic parking lots, and residential, commercial, or industrial lots within the city is found and declared to be dangerous to the public health and safety of the inhabitants of the city . 12.08.020 - Required frontage improvements.
Any person or entity constructing, altering or enlarging any building, dwelling, or private, public or semipublic parking lot, or developing any residential, commercial, institutional or industrial lots in the city shall provide, at their own cost, for the construction and installation of concrete curbs, gutters, asphalt concrete street pavement, sidewalks, street lights, parkway landscaping, and street trees, including, as needed, the relocation and/or reconstr uction of any existing frontage improvements, in order to provide a fully improved frontage for such property that complies with all requirements, standards and specifications of the city, including the city’s General Plan. 12.08.030 - Location of improvements.
The improvements referred to in section 12.08.020 shall be constructed along all public street fronta ge adjoining the lot, which is located on the same side of the centerline of the street of such lot, upon which the building, dwelling, private, public or semipublic parking lot, or residential, commercial, institutional or industrial development is to be constructed, unless adequate curbs, gutters, sidewalks, asphalt concrete street pavement and street lights already exist in accordance with the requirements referred to in such section 12.08.020 along such street frontage.
12.08.040 – Requirements prior to building permit issuance.
The Building Official shall not issue a Building Permit for any dwelling, building, private, public or semipublic parking lot, or for the development of any residential, commercial or industrial lot until the city engineer receives a notice of compliance verifying that the improvements required by this chapter exist or that the applicant has entered into a construction agreement with the City, in a form approved by the city attorney, and provided acceptable security in an amount equal to the estimated cost of the construction of such improvements to guarantee the construction of such improvements, as provided in section 12.08.080. The agreement shall establish a timeline for completion of the improvements.
12.08.050 - Exceptions to provisions.
The provisions of this chapter shall not apply to the following:
1. Reconstruction of a b uilding or structure, provided the total cost of the improvements to the building or structure does not exceed 50 percent of the value of the existing building or structure as shown on the latest adopted assessor’s tax roll;
2. Any addition to an existing sin gle-family residence; 352
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3. Construction of accessory dwelling units, garages, carports, storage buildings, patio covers, swimming pools, walls, fences and similar structures accessory to a single-family residence;
4. Any addition or cumulative additions, within a 5-year period, to an existing commercial, office or multi -family residential building totaling less than 2,500 square feet. The provision will not apply if such addition(s) constitute more than 50 percent of the gross floor area of the existing building;
5. Any addition or cumulative additions, within a 5 -year period, to an existing industrial and/or institutional building total less than 10,000 square feet. The provision will not apply if such addition(s) constitute more than 50 percent of the gross floor area of the existing building;
6. Construction of accessory structures to a commercial/industrial/institutional building such as walls, fences, signs, billboards, structural covers on existing outdoor storage, fuel pump buildings, and carport structures over existing parking stalls; or
7. Notwithstanding the foregoing, alterations which do not intensify the use of the building or structure or generate a greater hazard to public health and safety as determined by the City Engineer.
12.08.060 - Modification of provisions.
In unusual conditions or when compliance with the provisions of this chapter would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner and payment of applicable review fees, w aive or defer the requirements contained in this chapter as it may deem fit. The city council may impose any reasonable condition on a grant of a waiver or deferral under this chapter.
The city council’s action shall be final.
12.08.070 - Fees in-lieu of construction.
Notwithstanding the provisions of this chapter, the construction of curbs, gutters, sidewalks, asphalt concrete pavement and street lighting, either one or all, will not be required if determined to be infeasible or impractical at the discr etion of the City Engineer, provided the property owner pays to the city a fee equal to the total estimated cost of the improvements, to be calculated using standard unit prices on file in the office of the city engineer, and inclusive of applicable escala tion and administrative costs, to secure the future construction of curbs, gutters, sidewalks, asphalt concrete street pavement and street lights, either one or all.
12.08.080 – Performance security.
Any person or entity subject to the requirements of 12 .08.020, who does not pay a fee in-lieu of construction pursuant to section 12.08.070, shall deposit security with the city, as a condition of issuance of a building permit and prior to initiation of any work, in an amount determined by the City Engineer t o be sufficient to complete the requirements of section 12.08.020 and this chapter, and to assure compliance with all applicable laws and regulations. The city may require such person to submit construction plans for completion of the work required in sec tion 12.08.020 and cost estimates if necessary to determine the amount of the required security. Any such security may be in the form of a cash deposit, bond or letter of credit. Such security may be utilized by the city to 353
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complete the construction and ot her work required by this chapter and other applicable laws.
12.08.090 – Violations
A. A violation of this chapter constitutes a misdemeanor, punishable pursuant to chapter 1.12 (General Penalty), at the discretion of the city prosecutor, as well as by administrative citation and fine, at the discretion of the city, pursuant to chapter
1.15 (Administrative Fines).
B. A violation of this chapter constitutes a public nuisance that may be abated, restrained or prevented by any means authorized by law, including injunctive relief.
C. Violation of any term of an agreement entered into with the city pursuant to this chapter shall also constitute a violation of this chapter, and shall be subject to the provisions of this section.
D. It shall constitute a violation of this chapter for a person or entity to fail to properly and/or timely complete the requirements of this chapter, including sections
12.08.020 and 12.08.030.
E. Any permit issued for work required or authorized by this chapter, including a building permit, shall be subject to suspension or revocation in the event of a violation of this chapter. Such suspension or revocation shall follow the procedures set forth in sections 12.02.140 and 12.02.150 of this code.
F. Each day a violation of this chapter continues constitutes a separate and distinct violation.
G. The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from utilizing any remedy in addition to, or in lieu of, any other remedy.
Section 4. 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 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 6. 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.
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ADOPTED THIS 21ST DAY OF NOVEMBER 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
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01225.0005/901810.2
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia 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 21st day of November 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
356
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Introduction of Ordinance No. 2023 -021 - Community Services, Parks & Recreation Commission Member at Large Removal.
..end
RECOMMENDATION
..recommendation
1) Approve the introduction of Ordinance No. 2023-021, amending the Chino Municipal Code to change the Member at Large appointment of the Community Services, Parks & Recreation Commission to a Mayor appointment, to be r ead by number and title only, and waive further reading of the Ordinance.
..body
FISCAL IMPACT
No fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
357
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: INTRODUCTION OF ORDINANCE NO. 2023 -021 - COMMUNITY SERVICES, PARKS & RECREATION COMMISSION MEMBER AT LARGE.
PAGE: 2
BACKGROUND
The Community Services Commission (now named Community Services, Parks & Recreation Commission) was established by the Chino City Council in 1992. The Community Services, Parks & Recreation Commission (CSPR Commission) was comprised of three members appointed by the Mayor of Chino, three appointed by the School Board, and one member at large position appointed by the other six Commissioners and ratified by the City Council.
In March 2020, Ordinance 2020 -009 was adopted, removing the three Chino Valley Unif ied School District appointees. Since this update, the CSPR Commission has six members appointed by the Mayor, with the approval of the City Council, and one member at large appointed by the other six Commissioners and ratified by the Council.
ISSUES/ANALYSIS
At a City Council Workshop on October 10, 2023, the City Council recommended staff present a proposed ordinance to the City Council to remove the CSPR Commission member at -large position. If approved, upon adoption of the Ordinance, all seven -members of the CSPR Commission will be appointed by the Mayor with approval of the City Council, which is in line with the Planning Commission appointments.
Attachment – Ordinance 2023-021
358
ORDINANCE NO. 2023-021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO
COMMUNITY SERVICES , PARKS, AND RECREATION
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, Parks, and Recreation 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 remove the member at large member of the Community Services, Parks, and Recreation 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 2.38.030 (Membership – Appointment and term of office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
A. The membership of the Community Services, Parks, and Recreation commission, as appointed by the mayor of the City of Chino, shall consist of seven members representing a broad interest in recreation, human services, park planning, cultural arts, youth, and senior citizens. Six Seven members shall be appointed by the mayor of the City of Chino with the appr oval of the city council . and one member shall be appointed by the six other commissioners (member at large). The appointment of the member at large is to be ratified by the city council.
B. In the event that a member appointed by the mayor of the City o f Chino is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council.
C. In the event that a member appointed by the six other commissioners (member at large) is required to take a temporary leave of absence, the other six members may appoint a temporary replacement. In the event that the member at large resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the other six members may appoint a member to fill the vacant position. The appointment of the member at large is to be ratified by the city council.
D. All members of the Community Services, P arks, and Recreation commission appointed by the mayor of the City of Chino, as well as the at-large member, shall be residents of the City of Chino at the time of their appointment and throughout their terms of office.
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SECTION 3. Section 2.38.040 (Terms of office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
There shall be seven Community Services, Parks, and Recreation commissioners who shall be appointed for four -year, staggered terms. Effective July 1, 2023, th e terms shall be staggered as follows:
Three terms ending June 30, 2027, (three city appointees) One term ending June 30, 2024, (one city appointee)
Three terms ending June 30, 2025 (three two city appointees, one member at large appointed by majority vote of the six other commissioners).
SECTION 4. Section 2.38.050 (Continuation in office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
Members of the commission shall continue in office until their successors are appointed. Commissioners can be replaced if a member misses three meetings in one year, with the year being defined as July 1st to June 30th, without adequate excuse. Any commissioner can be removed, without cause, by the city council. City council can remove at large appointee, without cause.
SECTION 5. 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 or dinance 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, subsec tions, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
SECTION 7. 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 21ST DAY OF NOVEMBER 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
360
Ordinance No. 2023-021
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 21st day of November 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
361
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Approve Professional Services Agreement for Engineering and Design Services – Project No.
R2401.
..end
RECOMMENDATION
..recommendation
1) Award a Professional Services Agreement in the amount of $3,944,225.34 with Biggs Cardosa Associates, Inc. , Orange, CA for Engineering Design and Bid Support Services for Project No. R2401 – Euclid Avenue Bridge Project; 2) approve design contingencies of $394,423 for a potential agreement amount not -to-exceed $4,338,648.34; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023 -2024 Capital Improvement Program for Project No. R2401.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue:
Expenditure: 3207100 – 48004 – R2401
Transfer In: Transfer Out:
362
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. R2401.
PAGE: 2
BACKGROUND
The City of Chino (C hino) is seeking professional services for the preparation of plans, specifications, and estimate (PS&E) for the design of a bridge along Euclid Avenue between State Route 71 (SR71) and Pine Avenue just east of SR71. The roadway is subject to frequent flooding during winter months when heavy precipitation occurs in the area. The flooding results in closing the highway for several days forcing motorists to long circuitous detours on o ther City streets that do not have the capacity to handle the additional traffic.
The number of lanes in this segment mostly consists of two lanes in each direction separated by a dirt median. The segment between Pomona Rincon Road and North of the Chino C reek bridge, however, has one lane in each direction without a median. The Chino Creek bridge is a two-span prestressed concrete box girder structure. It is 144 feet long and 40 feet wide with a 12-foot lane and an eight-foot shoulder in each direction. The Chino Creek bridge does not have the capacity to accommodate adequate flows during storm events and is the primary reason for its frequent flooding and frequent road closures during heavy precipitation.
The proposed project will raise the profile of Euclid Avenue at Chino Creek to accommodate the free flow of storm water for most storm events. The highway will become an all -weather facility and will be able to serve the motorists year -round without having to be closed during flash floods. It will eliminat e the recurring maintenance cost for clean -up and debris removal after flooding and will also end inconvenience to motorists from repeated road closures during the winter months. The project will also add pedestrian and bicycle facilities to make it a multi-modal corridor for all users.
ISSUES/ANALYSIS
Staff solicited Requests for Proposals (RFP) for professional consulting services for Design and Bid Support Services. On June 21, 2023, the City closed the proposal window and received four 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 accomplish 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 CONSULTANT LOCATION
1 Biggs Cardosa Associates, Inc. Orange, CA
2 CNS Engineers, Inc. Riverside, CA
3 EXP U.S. Services, Inc. San Bernardino, CA
4 FEI Associates Consulting Engineers Chino, CA
Therefore, Staff recommends that City Council approve a Professional Services Agreement in the amount of $3,944,225.34 to Biggs Cardosa Associates, Inc., Orange, CA for Design and Bid Support Services for Project No. R2401 – Euclid Avenue Bridge Project. Staff also recommends that City Council approve a design contingency of $394,423, for a potential agreement amount not-to-exceed $4,338,648.34.
Attachment: Professional Services Agreement – Biggs Cardosa Associates, Inc. (R2401) 363
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. R2401.
PAGE: 3
364
CITY OF CHINOEUCLID AVENUE ROAD IMPROVEMENTCONCEPT1 OF 4 365
CITY OF CHINOEUCLID AVENUE ROAD IMPROVEMENTCONCEPT2 OF 4 366
CITY OF CHINOEUCLID AVENUE ROAD IMPROVEMENTCONCEPT3 OF 4 367
CITY OF CHINOEUCLID AVENUE ROAD IMPROVEMENTCONCEPT4 OF 4 368
Project Name/No.: R2401 – Euclid Bridge Design Contract No.: ______________
Project Manager: PW/ M. Hindersinn Approved: ________________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 17th day of October, 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Biggs Cardosa Associates, Inc. , A California Corporation (“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 f or 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 part icularly 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 per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in considera tion of the mu tual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a tho rough, compete nt, 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 describ ed herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 369
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and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, th e phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmen tal 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 Califo rnia Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring a nd Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relati ons (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Co de 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 pa rty on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant 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 . Consultant shall comply with and be bound by the provisions of Labo r Code Sections 1774 and 1775 concern ing the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailin g wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for ea ch calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 370
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Co de Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy o f the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant 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. Consultant acknowledges that eight (8) hours lab or constitutes a le gal day's work. Consultant shall comply with and be bou nd by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permi tted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed b y employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitt ed upon public work upon compensatio n for all hours worked in exce ss 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 wil l be required to secure the payment of compensation to its employees if it has employees. By exec uting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor C ode which require every employer to be insured against l iability 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 o f this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who wil l perform work und er this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any con tract with any sub contractor for work under this Agreement. Consultant shall be required to take all actions necessary to enfo rce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the ce rtified payroll re cords of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Consultant 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 a t 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 Ag reement.
Consultant shall have the sole obli gation 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, an d shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By e xecuting this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered th e scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties an d restrictions attending p erformance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the condit ions there existin g, prior to commencement o f 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, o r other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant unde r this Agreement is compat ible, 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.
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The Consultant shall adopt reasonable met hods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studie s and/or other com ponents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agre e 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 reasonab ly 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 Mun icipal 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 sai d adjustments are subject to the written app roval of the Consultant. Any increase in compensation for extra wo rk sh all 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 no t 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 cost ly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its so le and absolute di scretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if an y, which are made a part hereof are set forth in the “Special Requ irements” 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 Compe nsation” attached hereto a s Exhibit “C” and 373
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incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Three Million Nine Hundred Forty -Four Thousand Two Hundred Twenty-Five Dollars and Thirty-Four Cents ($3,944,225.34) (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 servic es, less contract retentio n; (iii) payment for time and materials based upon the Consultant’s rat es as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is main tained, 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 inc lude reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilita te 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 or iginal invoice for all work performed and expenses incurred during the preceding m onth 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 t he Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, wit h supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 374
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(e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices sh all include a copy of Consultant’s Certified Payroll and proof that Certified Payr oll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wa ge ra tes for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of th e Agreement, Consultant shall submit a new list of rates to the Ci ty 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 i ts best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agr ees that due to City warrant run procedures, the City cannot guarantee that paymen t will occur within this t ime period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction a nd resubmission. Review and payment by City for any invoice provided by the Consul tant 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 Agreeme nt 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 Agreem ent may be contingent upon State bud get approval; receipt of funds from, and/or ob ligation of funds by the State of California to City; or inclusion of sufficient f unding for the services he reunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations ar e 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 pe rform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 375
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The t ime 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, unu sually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots , str ikes, freight embargoes, wars, litigation, and/or acts of any governmental ag ency, including the City, if the Consultant shall within ten (10) days of the comm encement of such delay not ify 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 dela y in the performance of this Agreement, however caused, Consultant’s sole remedy being exten sion 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 ful l force and effect until c ompletion of the services , which shall be no later than June 30, 2024, 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 Three (3) one (1) year terms at the optio n of the City if the City is satisfied with the quality of service s 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 reputation of the foregoing principals we re a substantial inducement for City to enter into this Agreement. 376
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Therefore, the foregoin g principals shall be resp onsible during the term of this Agreement for directing all activi ties of Consultant and devoting suff icient time to personally supervise th e services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclus ive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their resp onsibilities 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 s ervices required under this Agreement.
Consultant shall notify Cit y of any changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manne r, 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 be nefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be _____________________________ 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 mu st 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 Ci ty 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 requ ired herein, except as otherwise set forth herein. City shall have no voice in the selecti on, 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 an d shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant shall not at any time o r 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 377
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to be a partner of Consultant in its business or oth erwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledg e, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agree ment. Therefore, Consultant shall not contract with any other entity to perform in whole o r in part the services required hereunder without the express written approval of the City. In ad dition, neither this Agreement nor any interest herein may be transfe rred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, w hether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder sha ll include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unap proved transfer, including any bankrup tcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance 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 pro perty damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement 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 & omiss ions) insurance . Consultant shall maintain professional liability insurance that covers t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,0 00,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 378
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage s 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 . Co nsultant shall provide certificates of insurance to City as eviden ce of the insurance coverage require d herein, along with a waiver of subro gation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the t erm of this Agreement. City reserves the right to require complete, certified copies of al l required insurance polic ies, at any time.
(b) Duration of coverage . Consultant shall proc ure a nd maintain for the duration of this Agreement insurance against clai ms for injuries to persons or damages to property, which may arise from or in connection w ith the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insu rance. Any umbrella or excess insurance shall contain or be endorsed to contain a provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefi t 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 specification s or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently aut horized by the Insurance C ommissioner to transact business of insurance or that is on the Li st 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 ap proved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insuranc e coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation against City, it s elected or appointed officers, agents, officials, employees and volunteers or shall specifically all ow Consultant or others providing insu rance evidence in compliance with these specifications to waive their right of recovery pr ior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that an y actual or alleged failure on the part of the City to inform Consultant of non -compliance with any re quirement imposes no additional obliga tions on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed 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 in tended 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 t he 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 e xcess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellat ion (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) Additional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, offi cials, employees, and agents, and volunteers shall be additional insureds under such polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition o f undisclosed coverage limitati ons. None of the coverages required he rein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m 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 invol ved in the project by Consultant, pr ovide the same minimum insurance cover age and endorsements required of Consultant. Consultant agrees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 380
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of t his section. Consultant agrees that up on 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 cha nge 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 Con sultant 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 d eductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under thi s Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional i nsurance. Consultant shall also procure and maintain, at its own c ost a nd expense, any additional kind s of insurance, which in its own judgm ent may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent perm itted 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 pro perty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, coven ant 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 liabiliti es 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 ar ising out of or in connection with the negligent performance of or failure to perform such work, operations or activ ities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligen t performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to th e City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, includ ing but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate simi lar indemnity agreements w ith 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 o r omission, or reckless or willful m isconduct of Consultant in the perform ance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest extent permitted by law, shall apply to claims a nd 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 negligenc e, 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 rel ating 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 sh all 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 ho urs 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 acce ss 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 pe riodically prepare and sub mit to the Project Manager such reports concerning the performance of the services required by this Ag reement 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 382
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agrees that if Consultant becomes aware of any facts, circumstances, techn iques, 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 decrease d 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, d ata, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement , and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the do cuments and materials hereunder. Any use, reuse or assignment of s uch c ompleted 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 r isk 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 embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for h ire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to i nterrogatories 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 w ork product in violation o f 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. 383
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontract ors be served with any summons, comp laint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall 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 t o the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to cont inue 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 wit h 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 t he Consultant’s default sh all 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 o ut of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are ne cessary to compensate City for any los ses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third par ties, 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 384
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of an y provision of this Agreement.
Acceptance by City of any work or s ervices 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 d efault 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 ex pressly 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 ri ghts or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by t he other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement , to obtain declaratory or injunctive relief, or to obtain any other remedy consistent wit h the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuan t 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 determin ation 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 Consultant and its sureties shall be liable for and sh all pay to the City the sum of Zero Dollars ($0) as li quidated damages for each working day of delay in the performance of any servi ce required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to term inate this 385
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Contract at any time, with or without cau se, upon thirty (30) days’ written notice to Consultant, except that where termination i s 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 ter minate 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 ser vices hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept 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 val ue 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, City may, after compliance with the prov isions 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 comp letion 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 a ny action or proceeding in any way connected with this Agreement, the prevaili ng party in su ch action or proceeding, in addition to any other relief which may be gran ted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include atto rney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to al l other reasonable costs for investiga ting such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and 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 persona lly l iable to the Consultant, or any successor in interest, in the event o f 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.
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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 w ould conflict in any manner with the interests of City or which would in any w ay 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 sh all be employed by it as a n officer, employee, agent or sub contractor without the express wr itten 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 interest s 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 affects her/his financial interest or the financial interest of any corporatio n, partnership or association in which (s)he is, d irectly 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 o r through them, that there shall be no discrimination against or segregation o f, any person or gr oup of persons on account of ra ce, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure tha t 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 ori gin, 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 co nnection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or s ervices covered by this Agreement, and should any liability or sanctions be imposed agains t 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 w ith any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, de mand, request, document, consent, approval, or commu nication eithe r party desires or is required to gi ve to the other party or any other per son shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 387
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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 de signated on the execution page of this Agreement. Either party may change its address by not ifying 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 heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consultant and by the Ci ty Co uncil. The parties agree that t his requirement for written modificati ons cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the eve nt that any one or more of the phrases, sentences, clauses, paragraphs, or sections containe d in this Agreement shall be declare d invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabili ty shall not affect any of the remaining phrases, sentences, clauses, paragrap hs, or section s 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 inva lidity 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 C ity participat e in any decision relating to this A greement which may affect his/her fina ncial interest or the financial interest of any corporation, partnership, or association i n 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 388
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“financial interest” shall be consistent with State law and shall not include i nterests found to be “remote” or “noninterests” pursuant to Government Code Sections 109 1 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will no t pay or give, to any thir d party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a resul t 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 ot her 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 award ed 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 v alue 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 authoriz ed to execute and deliver this Agreement on behalf o f said party, (iii) by so executing this Agreement , such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works
CONSULTANT:
BIGGS CARDOSA ASSOCIATES, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman o f the Board, President or any Vice President; and 2) Se cretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All wor k pr oduct is subjec t to review and acceptance by th e City, and mu st be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”
SCOPE OF SERVICES
TASK 1 – Project Management
The City will furnish a Project Manager (PM) to coordinate all Consultant operations with the City, including, but not limited to, tracking progress of the work and administering subcontracts. The City’s PM will provide overall project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with standards and requirements of the City and other applicable standards and requirements.
1.1 Monthly Invoicing & Progress Reporting
The Consultant will establish and apply internal account ing methods and procedures acceptable to the City for documenting and monitoring contract costs.
Assumptions: This scope assumes that the Notice Inviting Bids will be released in Fall 2026.
Deliverables: Monthly Invoices & Progress Reports
1.2 Coordination and Meetings
The Consultant shall conduct regular meetings and coordination with the City’s staff, other stakeholders and agencies in monthly Project Development Team (PDT) meetings or technical and focused meetings as necessary. The Consultant shall be responsible for preparation of agendas and meeting minutes, communication and distribution of projec t records and information, and responses to all internal requests for information about the project. PDT meetings will discuss project progress, issues, and action items. Technical meeting will be focused on specific technical issues.
Assumptions:
▪ Up to thirty-six (36) PDT meetings are included in this scope and are assumed to be conducted Virtually.
▪ The City will identify the necessary PDT members outside of the Consultant’s team. ▪ Weekly or bi -weekly meetings between the Consultant Project Ma nager and City Project Manager are assumed to be conducted virtually.
▪ Up to ten (10) meetings with utility companies are included in this scope. Up to two (2) field visits to review utilities in the field are anticipated.
Deliverables:
▪ PDT Meeting Agenda Packages
▪ PDT Meeting Minutes
1.3 Project Management Plan
A comprehensive Project Management Plan (PMP) will be prepared to communicate this Scope of Services and techni cal requirements to project participants. The PMP shall identify the procedures and technical requirements that are to be followed in developing project deliverables. The PMP shall also describe the responsibilities of each part icipant in the project. The following items shall be in the PMP:
▪ Scope of Services
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▪ Log of Deliverables
o Consultant shall prepare a list of deliverables indicating the applicable Scope of Services section, dates submitted/approved, and file locations conforming t o the Project’s electronic filing system.
▪ Baseline Project Schedule
o A Critical Path Method (CPM) sched ule shall be prepared by the Consultant and shall be updated on a monthly basis. This schedule shall be included in the PMP and will serve as the baseline schedule for the Project. The schedule shall include a list of tasks and subtasks, milestones, major activities and deliverables. Agency review times of each submittal shall be included in the schedule. Issuance of needed permits shall also be included.
▪ Project Electronic Filing System
o Project files shall be indexed in accordance with Caltrans’ Project De velopment Uniform File System.
▪ CADD Procedures
o Plans shall be prepared in AutoCAD .dwg format. Plans shall be prepared according to City Standards.
▪ Invoicing Instructions
o Consultant monthly invoices shall be reported by task and shall be accompanied by a progress report. The City shall supply invoi cing requirements for inclusion in the PMP.
▪ Design Standards
o Consultant shall prepare a list of applicable design standards. Plans a nd specifications shall be prepared in accordance with current City, AASHTO, and Caltrans’ regulations, policies, procedures, manuals, and standards. o Plans, specifications, and estimates for the bridge will be prepared in accordance with 2022 Caltrans standards.
o Roadway, water, sewer, lighting, signal, landscape, traffic striping and signage, traffic control, erosion control and drainage plans shall be prepared on City standard plan and profile sheets.
▪ Health and Safety Plan
▪ General Prevailing Wage Determinations
▪ Risk Assessment Register
The PMP shall be distributed to each project participant at the beginning of the project.
Deliverables: Project Management Plan
1.4 Quality Assurance (QA) / Quality Control (QC) Plan
As part of the Quality Control Plan, the Consultant shall prepare and maintain a Quality Management System (QMS) Manual throughout performance of services. The intent is to monitor quality to ensure that reports, plans, studies, esti mates, and other deliverables submitted are complete, accurat e, checked, conform to Caltrans and City standards, and meet professional engine ering practice standards in effect at the time of execution. Consultant shall hold a training session with all proj ect participants responsible for the development and/or check ing of deliverables to ensure the appropriate procedures are followed.
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Assumptions: This task contains the effort required to prepare the QMS M anual. QA/QC efforts for specific deliverables are included in the deliverable throughout the various tasks else where in this Scope of Services.
Deliverables: Quality Management System Manual.
1.5 Project Controls
The Consultant shall prepare and update the Project schedule on a monthly basis or as needed.
Project schedule shall be logical, complete, and shall pro vide to the City’s PM for review.
Consultant PM shall provide regular reporting on the project status, including, but not limited to, schedule, contract budget, general progress on project tasks, an d project issues and concerns.
Consultant shall maintain project files using the Caltrans Uniform System in electronic format.
Consultant shall be provided with a link to the City’s cloud -based system and maintain the appropriate files up to date. Within two weeks of Notice to Proceed (NTP), the Consultant will provide the City a detailed baseline schedule, indicating milestone, major activ ities and deliverables for review and comments.
Assumptions:
▪ The City’s cloud-based system will be SharePoint or similar software. ▪ This scope assumes that Consultant’s effort related to the City’s cloud -based system will be less than an average of two (2) hours per week.
▪ The project schedule will be developed in Primavera P6 format.
Deliverables:
▪ Baseline Project Schedule
▪ Baseline Budget Performance Metrics (Planned Expenditures)
TASK 2 – Prepare Base Maps and Plan Sheets
This task primarily relates to collecting available record data, performing survey a nd preparing survey and right of way base maps, and gathering utility information and preparing utility base maps.
2.1 Project Information
The Consultant shall request, collect, assemble, and review all pertinent project information, including, but not li mited to, prior project related reports and Engineering Technical Reports, Environmental Documents and En vironmental Technic al Reports, CAD files and drawings, and relevant correspondence. The Consultant shall incorporate the collected materials and inform ation into the Project Master File.
The Consultant shall research all information at the City of Chino an d gather all data in the field as necessary to complete the environmental and design phases, including but not limited to the following:
▪ Bridge inspection reports
▪ Record drawings of the existing bridge and roadway
▪ Field observations of the site, including visual inspe ctions and taking photos showing various conditions (i.e., utilities, nonstandard features)
▪ Research various technical references as necessary, including but not limited to, AASHTO LRFD Bridge Design Specifications, “Greenbook” and the Recording and Coding Guide for the Structure 394
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Inventory and Appraisal of the Nation’s Bridges (Report No. FHWA-PD-96-001) ▪ The Consultant shall meet with City staff at the conclusion of this task to present the results of the data collection effort and report on overall progress of the project.
Assumptions:
▪ This scope assumes that the City will pay fees that may be required by external agencies to compile and transmit record data.
▪ A Caltrans Encroachment Permit is anticipated for field surveys, geote chnical borings, and potholing. Consultant will assist the City with obtaining the permit but it is assumed that the City will pay any fees that may be required.
▪ The results of the data collection effort will be presented at a PDT meeting.
Deliverables:
▪ Project Master File (Collected Data)
2.2 Engineering and Project Base Mapping Surveys
2.2.1 Survey Control
The Consultant will perform a project control su rvey based on the horizontal datum of NAD83 (North American Datum of 1983), and the vertical datum of NAVD88. Field survey c rews will be dispatched and us e a combination of GPS and conventional methods to measure and collect data at known control points surrounding the project. Five (5) permanent control points will be set within the project limits, for use during the project, and sixtee n (16) aerial target s will be set for use by Consultant’s aerial subconsultant. Data on these points will be post -processed by Consultant to generate a complete control network for the project. A Survey Control Plan will be delivered for project use.
Assumptions: Six (6) days for a two-person crew to establish survey control is assumed.
Deliverables: Survey Control Plan
2.2.2 Aerial Topography Base
The Consultant will provide aerial control and flight panel layout necessary for an aerial survey to be flown at 40-scale, with one-foot contour intervals. Aerial imagery will be collected at a resolution of 4cm and LiDAR point c loud data with an average of 20 points per square meter (ppsm) for the project site. The imagery will be collected using an Ultracam (or equivalent) digital sensor equipped with forward motion compensation. Analytical aero -triangulation will be performed. Planimetric mapping will be collected at a scale of 1" = 40'. All discernible planimetric features utilizing digital photogrammetric workstations will be collected. From the LiDAR point cloud data, a complete point cloud registration to the ground control will be collected and will classify the data to produce a bare earth DEM of the surface with 1' contours. Mapping will meet FGDC accu racy requirements for geospatial data. Digital orthorectification services will be performed for this project. Control fr om the aero -triangulation and ground survey will be used to tie the digital images to actual ground coordinates. The LiDAR bare earth DEM will be used during the digital orthorectification process to adjust each image pixel into its correct position. Deliv erables will include DTM, DEM, DWG, and TIFF image files. This is not an ABC mapping product.
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Assumptions Caltrans ABC mapping requirements will not apply.
Deliverables Aerial Topography Base Map
2.2.3 Right-of-Way Base
The Consultant will perform resea rch with Caltrans and the County of San Bernardino to acquire record maps to develop monument recon calculations and to be u sed for bo undary resolution of the Caltrans right -of way along Euclid Avenue (Highway 83) from the point of tangent, south of the project area, to the point of tangent, north of the project area. Field survey crews will be dispatched to locate existing monuments along said right-of-way and centerline of Euclid Avenue. Data on these monuments will be post -processed and used in conjuncti on with record maps to develop a resolved boundary that will be incorporated into the Project Base Mapping.
Assumptions:
▪ It is anticipated that the City will procu re a Right of Way consultant. The Right of Way Team will provide Preliminary Title Reports, if necessary.
▪ Eight (8) days for a two-person crew to prepare right of way base mapping is assumed.
Deliverables:
▪ Right of Way Base Map
2.2.4 Supplemental Topographic Survey
The Consultant will dispatch field survey crews to collect design level topogra phic data on existing improvements within the areas where the raised profile will tie into existing Euclid Avenue grades to include: c urb & gutter, sidewalks, roadway surfaces, surface level utilities, drainage features, signage, fencing, striping, and any additional street furniture. Cross-sections will be taken at 25 -foot intervals, changes in direction, and grade breaks. Con sultant will also collect data for the low -flow channel at top of low -flow bank, bottom and top of high -flow banks at 30’ intervals for 120’ on either side of the existing bridge. Additionally, Consultant will perform bathymetric surveying to collect data, within the area covered by water, at 30’ intervals for 120’ on either side of the existing bridge. Consultant will process the coll ected data and prepare AutoCAD base files that will include all of the above as well as a surface with contours, break lines , and feat ure lines. Consultant will dispatch field survey crews to collect data on up to 30 soil boring locations. Data will be pos t processed and added to the topographic survey base. The Consultant shall prepare Mapping and Surveys necessary to complete all phases of the project.
Assumptions:
▪ Supplemental Topographic Surveying does not include collecting tree locations/data. ▪ This scope includes a Caltrans Encroac hment permit and Traffic Control. It is assumed that any City permits will be provided at no cost.
▪ Seven (7) days for a two-person crew for supplemental topographic survey is assumed.
Deliverables:
▪ Supplemental Topographic Survey Base Map.
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2.3 Utility Research and Coordination
Once all the as -builts and record drawings from each utility agency h ave been compiled, Consultant will incorporate the existing facilities into the utility base map ping in AutoCAD format. Upon completion of the utility base mapping, Consultant will schedule and lead a meeting simultaneously with all third -party utility com panies in an “all -hands” meeting. At that meeting, Consultant will present the project and ident ify utilities needing relocation. Co nsultant will discuss the timeline for when the utility requires relocation to maintain the project schedule.
Consultant wi ll send the Utility “B” Letters along with two (2) sets of the utility composite plan prepared using the information obtained from t he cities and utility companies. With the Utility “B” Letter, Consultant will also request that they review and verify the c omposite utility plan enclosed and provide any and all future facilities they may have to be inc orporated onto our Utility Composite Plan.
All the gathered utility information will update Consultant’s comprehensive utility map and matrix that was used to supplement the project base sheets to provide a complete existing utility base. As part of the utility coordination work, Consultant will:
▪ Review and update as-built utility information
▪ Request utility mapping from all affected utility owners ▪ Update base mapping with existing utility information ▪ Submit utility maps to impacted utility owners for verification ▪ Identify potential utility conflicts
▪ Coordinate the above work with the utility owners
Once utility conflicts have been identified, and utility relocation is required, Consultant will send the Utility “C” Letters to the appropriate utility companies and notify them of the nee d for the relocation of their existing facilities, if necessary. Co nsultant will prepare the Utility Conflict Map an d Matrix to be used for the Utility Certification in conjunction with the Right of Way Certification for the E-76 Authorization for Construction per Caltrans Local Assistance requirements.
At locations where there are potential conflicts with exiting util ities, Consultant will coordinate/perform up to two days of potholing to accurately locate the existing utility both horizontally as well as vertically.
Assumptions: Two (2) days for potholing
Deliverables: Utility Correspondence, Utility Response Matrix, Utility Matrix
TASK 3 – Feasibility Study
Consultant will prepare a feasibility study to develop a conceptual design and preliminary co st estimates for the proposed improvements, and to identify constraints and concerns with respect to Right of Way, Utilities, Drainage traffic circulation and environmental issues.
Preliminary plans and profiles will be developed for two alternatives: One that accommodates the 25- year inundation pool elevation and one that accommodates the 50 -year. Various bicycle and pedestrian accommodations will be evaluated with respect to the typical section.
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Preliminary cost estimates will be prepared for up to four alternatives. Results will be summarized in a Feasibility Study Report. The purpose of this document wil l be for Con sultant to assist City in determining the preferred alternative to be advanced in subsequent phases of the project.
(Optional) At the City ’s option, Consultant can prepare a scope and fee for renderings/photosimulations for alternatives being c onsidered or the selected alternative. An aerial view will be selected by the City and Consultant will use that view to prepare a photosimulation (“before” and “after” views) for the desired alternative configurations/alignments.
Assumptions:
▪ The scope anticipates that the 100-year inundation pool elevation will not be evaluated due to significant potential impacts to Prado Regional Park and Section 4(f) requirements associated with that alternative.
▪ Cost estimates will be based on approximate costs per square foot. Detailed quantity calculations / takeoffs are not anticipated at this phase. ▪ It is assumed that one (1) alternative will be progressed with one (1) conceptual exhibit, typical sections, and probable cost.
▪ Probable costs only for up to three (3) other alternatives may be prepared for comparison.
Deliverables:
▪ Preliminary Plans
▪ Preliminary Cost Estimate
▪ Feasibility Study
▪ Renderings of Alternatives (Optional)
Task 4 – Geotechnical Design Report and Other Field Studies The Consultant will perform work requir ed to perform subsurface exploration to support the Foundation design. Consultant will provide geotechnical, geologic and seismic design recommendations as w ell as geotechnical and foundation recommendations for pavement, bridge, retaining walls, and other structures, as required. Subsurface exploration work shall include proposed bridge foundations and retaining walls as required for the project.
Geotechnical Field Exploration
Caltrans is enforcing the AASHTO recommendations of a soil boring at each bridge support locations where substructure width is less than 100 feet; minimum of two borings are required per location where substructure widt h is greater than 1 00 feet. For retaining walls, a soil boring is required every 100 to 200 feet. Data obtained from some boreholes will be used for multiple design elements. Based on this information, the Consultant’s geotechnical field investigations pla n is presented in T able 4.1. The boreholes will be excavated using a truck -mounted or track -mounted drilling rig. Asp halt concrete coldpatch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.
Table 4.1. Proposed Soil Boring Information
Design Element Number of Borings Approximate Depth (feet) MSE Walls 10 20-50
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Bridges 10 80-100
Consultant will prepare a boring location plan, and this plan will be used to secure the well permits as well as City encroachment permits. Any other permits, if required, will be secured by others.
The Consultant field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and sma ll disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split -spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetrat ion Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged du ring the field investigation, secured in their containers or co llected in plastic bags, and transported to the testing laboratory.
In addition, consultant will obtain three representative soil specimens for scour study: one at 100’ upstream, one at bridge location and one at 100’ downstream. At bridge, specimens will be collected at 1-2 ft, 5 ft, and 10 ft from a boring. At upstream and down stream, specimens will be collected using a shovel at a depth of about 1 to 2 feet below the channel bottom.
Laboratory Testing
Field logs of the boreholes will be reviewed to selec t representative soil samples for laboratory testing. Various laboratory t ests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticip ated laboratory tests include: in -situ density and moisture content, grain size, Atterberg Limits, direct shear, UU triaxial, consolidation , R-value, and soil corrosion tests. Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field in vestigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:
▪ Evaluation of seismicity and estimation of Peak Ground Accelerations based on the Caltrans design criteria, and recommendation of ARS curves for bridge structural design. ▪ Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. ▪ Foundation analysis for bridges and retaining walls.
▪ Assessment of global slope stability.
▪ Evaluation of soil corrosivity conditions and recommendations for mitigation measures. ▪ Design of pavement structural section in accordance with the Caltrans Method.
Preliminary Foundation Report
The Consultant will prepare a Preliminary Foundation Report (PFR) for the bridges to provide preliminary geotechnical information to assist structural designers in the Ty pe Selection process.
This PFR will be prepared using the available subsurface data.
Geotechnical Report
The Consultant will analyze the results and present them in the Geotechnical Report. The Geotechnical Report will be prepared to include recommendation s for design and construction of 399
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earth retaining structures, cut and fill slopes, pavement, and drain age facilities. The report will summarize subsurface results and will provide all the geotechnical design and constru ction recommendations for the project. All comments resulting from the City of Chino review will be addressed by the Consultant and incorporated into final reports as necessary.
Assumptions:
▪ Geotechnical investigation is allowed between 7 AM and 7 PM on weekdays. ▪ No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, work will immediately be terminated and the City will be notified.
▪ If the 50-year alternative is selected and a small bridge over Pomona Rincon Road is provided, the boring depths for the proposed bridge are based on small diameter piles (24-inch or less).
▪ The boring depths for the proposed fourteen-span bridge (Euclid Avenue over Chino Creek) are based on a 6-foot diameter pile with 1,700 kip required nominal resistance. ▪ No permit fee was assumed for encroachment permits and well permits. ▪ No recommendations for sound walls, overhead signs, and soil infiltration rates. ▪ No site-specific ground motion analyses
▪ Site-specific traffic control plans are not required; WATCHBOOK will be used for traffic control plans.
▪ No pavement rehabilitation recommendations.
Deliverables:
▪ Boring Location Map
▪ Log of Test Borings
▪ Preliminary Foundation Report
▪ Geotechnical Report
Task 5 – Traffic Analysis
5.1 Meetings
The Consultant will attend up to twelve (12) meetings with the City.
5.2 Collect / Compile Traffic Data
A traffic st udy that analyzes alternatives for bridge repla cement as included in the RFP will be developed by the Consultant. The traffic study will include consideration of impacts to non - motorized transportation and pedestrian modes, prolonged temporary bridge closu re, and traffic capacity and operations. Workin g with a traffic count specialty firm, Consultant will collect a complete traffic data set for this analysis which will include weekday AM/PM peak hour movement counts and 24-hour midblock roadway segment counts.
The Consultant will prepare the following:
▪ Collect existing peak hour traffic counts for up to 20 intersections and up to 30 roadway segments, including adjacent interchanges and arterial intersections. Obtain freeway mainline peak hour volumes from Caltrans data resources such as PEMS.
▪ Compile and review recent traffic studies addressing existing and future conditions and anticipated future development within the study area.
▪ Compile information regarding cumulative development projects in the study area. 400
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▪ Obtain and evaluate accident data to determine if the proposed improvements would address current safety issues if any.
▪ Collect /compile available daily traffic count data for the roadway segment. ▪ Compile relevant traffic model information from avail able travel demand forecasting tools , potentially including the SCAG Regional Travel Demand Model, the San Bernardino Transportation Analysis Model (SBTAM), the Riverside County Transportation Model (RIVCOM) and/or any other potentially applicable travel d emand model that would be appropriat ed for use in developing Opening Year and Design Year traffic volume forecasts.
Assumptions:
▪ City will provide available existing traffic collision data for most recent 3-year period for City roadways (min.).
▪ City will provide copies of recent traffic studies conducted for the subject area. ▪ Traffic count locations will not exceed a maximum of 20 intersections, 30 arterial roadway segments, and 8 one-way freeway segments.
Deliverables:
▪ Traffic Counts
5.3 Traffic Forecast
The Consultant will prepare traffic data forecasts suitable for the evaluation of Opening Year (e.g., year-2030) and Design Year (e.g., year -2050) traffic operational conditions within the study area.
Relevant traffic model data from sources such as SB TAM, RIVCOM, and the SCAG Regional Travel Demand Model obtained in Task 5.2 will be reviewed for applicability to the study. The review will include comparison of the traffic analysis zone structure and the input socioeconomic (SED) and/or land use data us ed by the model(s), along with the models’ roadway networks within the study area. Model SED and/or land use data will be compared to the list of cumulative projects to determine the suitability of the model(s) to account for the planned growth in the area and, if necessary, appropriate adjustments to the traffic model data will be recommended to account for the Design Year horizon.
Preliminary average daily traffic (ADT) volume forecasts will be prepared for the De sign Year horizon based on a constrained roadway network that includes the proposed 2 -lane Euclid Avenue bridge and also for an unconstrained roadway network co nsistent with current regional modeling assumptions. Other roadway improvements to assume for th e constrained roadway network, such as the number of lanes for the planned new segment of Pine Avenue, will be provided by the City. A comparison of ADT data wi ll be provided for use by the City to determine the final constrained roadway network to assume for the Design Year.
The Consultant will provide the following:
▪ Study Review and compare the traffic analysis zone (TAZ) structures for the various available travel demand forecasting models
▪ Review and compare the input socioeconomic data (SED) and / or land use data (which may be converted to SED for comparison purposes) for the various available travel demand forecasting models, as well as with the known cumulative development projects within the study area. ▪ Review and compare the roadway networks fo r the various available travel demand foreca sting models.
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▪ Prepare a letter report summarizing the results of the data review process and provide recommendations re garding the most appropriate approach to developing the Design Year forecasts for use in th e transportation analysis. The letter report w ill include preliminary ADT volume forecasts for constrained and unconstrained roadway networks for the Design Year horizon.
▪ Coordinate with the City, San Bernardino County, and the City of Ontario staff thro ugh meetings and correspondence, as well as prov ide documentation and share traffic model data to obtain concurrence on the model and procedures used to develop the De sign Year traffic forecasts, such as the roadway networks assumptions to assume for Eucli d Avenue and Pine Avenue. It is anticipated that a revised methodology letter will be issued following the initial review and reconciliation of comments regarding the approach.
▪ Calculate cumulative project trip generation and estimate cumulative project trip distributions for up to 100 cumulative develo pment projects. Use the resulting information to calculate cumulative project only traffic volumes.
▪ Develop Opening Yea r peak hour traffic volumes at up to 20 existing/future study area intersections by applying ambient growth and adding traffic from cumul ative developments in the area. Estimate daily volumes using the same methodology for the various roadway segments adjacent to the study area intersections. Prepare refined future Design Year traffic fore casts at up to 20 existing/future study area interse ctions, up to up to 30 roadway segments, and up to 8 one - way freeway segments using data from the approved modeling too l/approach based on the final constrained roadway network assumptions. Refinement pro cedures will be in accordance with recognized model data refinement practices and will include checks to ensure reasonable growth compared to existing and near-term volume forecasts, as well as acceptable flow conservation and peak to daily traffic volume relationships.
▪ Prepare a letter report summarizing the draft Opening Year and Design Year traffic volume forecasts for review by the overall project team.
▪ Coordinate with the City, SCAG, San Bernardino Coun ty, and Caltrans, staff through meetings and correspondence, to obtain approval of the Opening Year an d Design Year traffic forecasts. It is anticipated that a revised forecasts letter will be issued following the initial review and reconciliation of comments regarding the draft forecasts.
Assumptions:
▪ City will provide a comprehensive listing of cumulati ve projects within the study area with descriptions of land use types and quantities at a level of detail suitable for use in estimating vehicle trip generation.
▪ The refined future Design Year traffic forecasts wil l be prepared after the City selects the f inal constrained roadway network assumptions to utilize for modeling the Design Year horizon.
Deliverables:
▪ Traffic model data review summary and preliminary ADT volume letter report ▪ Draft Opening Year and Design Year traffic volume summary report ▪ Final Opening Year and Design Year traffic volume summary report
5.4 Traffic Analysis
The Consultant will perform analysis of the following time frames/ scenarios:
▪ Existing Traffic Volumes and Roadway Network Improvements ▪ Opening Year, No Build
▪ Near Term proposed Open year for the proposed 74’ wide Bridge section with two lanes, 12 -foot 402
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median, two 6 -foot bike lanes, two 6 -foot sidewalk with a 3 -foot buffer lane between bike lane and travel lanes and 2 -foot separation between bike lan e and sidewalk, or revised cro ss section to be determined through consultation with the City.
▪ Design Year No Build
▪ Design Year with the proposed 74’ wide Bridge section with two lanes, 12-foot median, two 6- foot bike lane, two 6 -foot sidewalk with a 3 -foot buffer lane between bike lan e and travel lanes and 2-foot separation between bike lane and sidewalk, or revised cross section to be determined through consultation with the City.
▪ Peak hour arterial intersection (up to 20, including ramp junction in tersections) and roadway segment (up to 30) levels of service will be assessed for the roadway segments and intersections identified for inclusion in the t ransportation analysis. Intersection and roadway segment level of service will be calculated using th e latest Highway Capacity Manual (HC M) level of service analysis methodologies. Vehicle storage requirements (50th and 95th percentile queues) and traffic progression will also be evaluated using the SYNCHRO analysis tool. ▪ Ramp merge/ diverge, or weaving a nalysis will be performed for AM and PM peak hour conditions per the Highway Capacity Manual methodologies. Analysis will be performed for all existing / proposed ramps within the study area (up to 18 locations). ▪ Freeway mainline segment operations analy sis (up to 8 locations) will be perform ed for AM and PM peak hour conditions per the Basic Freeway Segment methodology identified in the Highway Capacity Manu al. Long -range lane roadway segment lane requirements, intersection lane configuration requirements, and turn pocket lengths will be dete rmined. Caltrans Traffic Signal Warrants will be performed, where appropriate. Left turn operations at signalized inter sections (e. g., permitted, protected, or protected/permitted) will be recommended based on Caltr ans Highway Design Manual guidelines in compliance with FHWA. The proposed analysis will also include assessment of the vehicle -miles and vehicle hours of trav el associated with No Project and with Project conditions for the area that is affected by the proposed roadway. ▪ Alternative transportati on modes will be considered and recommendations will be developed regarding the provision of pedestrian and bicycle facilities.
Assumptions: Design Year traffic analysis will be based on the City selected final constrained roadway network assumptions.
Deliverables: Draft Technical Report.
5.5 Technical Report
The Consultant will prepare a draft transportation technical report. The transportation technical report will document the level of service analysis methodologies employed, existing traffic conditio ns, methodologies used to develop Opening Year and Design Year traffic volume forecasts, and the analysis results for a ll future time f rames. Recommended lane requirements and turn lane storage lengths will be identified in the report. The report will docu ment the improvements needed to maintain satisfactory operations for Design Year conditions for no build and build alte rnatives at the subject project and analysis area. The report will include all LOS, volume -to-capacity, queueing, VMT analysis, traffic data, and all other appropriate back-up calculations in the appendix.
Deliverables:
▪ Draft Technical Report
▪ Response to Agency Review Comments
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▪ Final Technical Report
Task 6 – Permits and Agreements
The Consultant will prepare the nec essary permit application packages and supporting documents in order to obtain the necessary permits and agreements for the project which incl ude Section 408 for all modifications to the Congressionally authorized and constructed US Army Corps of Engineers (USACE) project, 404, 401, 1602 permits, as well as County encroachment permits. County and USACE real estate approvals will also be required . Consultant will provide the permit application packages to the City for review prior to submittal to regulatory agencies and will iden tify the application fees to be paid by the City. Consultant will only have discussions and negotiations with permitting agencies in consultation with the City’s Project Manager or designee.
The benefit of getting through the Caltran s relinquishment process so that this is City ROW instead of Caltrans ROW would be not to have to complete Caltrans’ CEQA/NEPA & technical st udy requirements in order to obtain an encroachment permit, which would be an extensive process.
Assumptions:
▪ The Section 404 permit would likely be a Nationwide Permit (NWP) from the USACE, for both geotechnical borings and bridge construction (piers). Should the impacts be greater than ½ acre within the Ordinary High Water Mark (OHWM) of Chino Creek and associated wetland s, an Individua l P ermit would be required, and would be outside of this scope of services, requiring additional fees and time. A long er bridge is being considered as part of design, in order to minimize fill and keep within requirements of NWP permit thre sholds of impac ts, if possible.
▪ If any compensatory mitigation is required, it is anticipated to consist of the City purchasing off-site credits. No on-site mitigation is anticipated. ▪ The project site is anticipated to be largely within waters of the US (adjacent ▪ wetlands associated with Chino Creek), which would require Clean Water Act Section 401 and 404, California Fish and Game Code Section 1602 Strea mbed Alteration Agreement, as well as 408 permissions, for both geotechnical boring activities and bridge construction. ▪ The scope and budget does not include USFWS Section 7 consultation. ▪ The City will pay all fees to the agencies for permit processing. The Consultant will ▪ identify the amounts required by the agencies at the completion of preparation of the permit applications.
▪ The City will need to coordinate with San Bernardino County Public Works (SBCPW) to prepare a new or utilize SBC PW existing Section 214 funding agreement with the USACE to identify funding necessary for USACE staff to conduct project meetings, revie ws and obtain approval for Section 408 permission for both the Geotech borings and bridge project.
Deliverables:
▪ Clean Water Act Section 404 Nationwide Permits for both geotechnical borings and bridge construction.
▪ Clean Water Act Section 401 Water Qualit y C ertifications from the Regional Water Quality Control Board, Santa Ana for both geotechnical borings and bridge construction. ▪ California Fish and Game Code Section 1602 Streambed Alteration Agreements (SAA) from the California Department of Fish and Wil dlife, Inland Deserts Region (6) for both geotechnic al borings and bridge construction.
▪ Section 408 permissions from USACE, Los Angeles District for both geotechnical 404
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borings and bridge construction.
Task 7 – Environmental Documentation
7.1 Environmental Meetings / Project Management
The Consultant will prepar e a comprehensive draft/final environmental process schedule ( MS Project) in consultation with City staff. As conditions change during the project, the Consultant will update the schedule throughout the course of the Project, with concurrence of the City. The Consultant will attend the CEQA related meetings outlined in the deliverables.
7.2 Technical Studies
All technical studies will be consistent with meeting the requirements of CEQA and NEPA, as w ell as those of related environmental statutes and regulat ions, including local and state CEQA Guidelines, Caltrans Sta ndard Environmental Reference (SER) website, and FHWA Technical Advisory 6640.8A and to support preparation of CEQA and NEPA documentatio n. Separate CEQA and NEPA documentation is included in thi s scope of services as it streamlines the approval process through separate lead agencies. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER web site as of the date that those studies are initiated. This scope of services and associated fees are based on the forma ts and guidance currently available on the Caltrans SER website and if updated prior to initiation for this project, may require a fee augmentation.
The deliverables for the technical studies wil l be electronic and will include a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures.
Screen checks of the technical studies will be submitted to the City, Caltrans, or USACE for review (depending on the report and the appropriate lead agency for). Revised screen checks will be submitted for City, Caltrans, or USACE review. Following the s econd review, if any outstanding comments remain, a virtual revisions workshop will be held to address. A final version of each report will be prepared and provided.
▪ Focused Southwest Pond Turtle and Sensitive Herpetology (amphibians and reptiles) Trapping/Focused Survey. This survey will include four trapping visits with active searches for other sensitive terrestrial herps potentially occurring in the project area.
▪ Focused Surveys for least Bell ’s vireo (LBVI), southwestern willow flycatcher (SWFL), and western yellow -billed cuckoo (YBCU). LBVI and SWFL surveys w ill be performed concurrently with a total of eight visits to project site. YBCU surveys require four visits.
▪ Electrofishing Survey for Santa Ana Speckled Dace and Arroyo Chub (Optional Task if impacts proposed in active channel of creek). Surveys for S anta Ana sucker are not anticipated to be needed as there a re no records in Chino Creek and habitat at project site does not appear suitable.
▪ Focused Sensitive Plant Survey. The project footprint will be systematically surveyed on foot for sensitive plan ts following standard protocols, with three different visits during the 405
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spring and blooming period April to June.
▪ Biological Resources Assessment/Jurisdictional Delineation. The assessment will include:
literature/database review, complete survey of proj ect site and buffer, habitat assessment, jurisdictional delin eation, and report preparation. Any on -site waters/wetlands and riparian vegetation, sensitive species with potential to or that do occur , and extent of impacts will be described and mapped. The report will meet USACE requirements.
▪ Natural Environment Study. This study will follow the Caltrans Division of Environmental Analysis, Office of Biological Studies Natural Environmental Study (NES ) T emplate (August 2022)1. The NES will include the results of the focused surveys.
▪ Biological Assessment. This study will follow the Caltrans Division of Environmental Analysis, Office of Biological Studies, Standard Biological Assessment (BA) and Essent ial Fish Habitat Assessment Template (June 2020) for Caltra ns Federal Endangered Species Act (FESA) Section 7 Consultations: National Marine Fisheries Service and US Fish and Wildlife Service (USFWS). The BA will include the results of the focused surveys, effects of action, cumulative effects, and species and critical habitat determination.
▪ Cultural Resources Assessment. The evaluation will include the following tasks:
literature/database review through the South Central Coastal information Center at UC, Riverside, a systematic field survey of 100% of accessible project footprint to identify any prehistoric and historic a rchaeological, and/or historic architectural resources, negative findings are anticipated. record any cultural resources on Dept. of Park and Recreation (DPR) 523 forms. Prepare report consistent with Section 106 of the National Historic Preservation Act (NHPA). The report will meet USACE and City requirements.
▪ Historic Property Survey Report (HSPR). The study will follow the Caltrans HSPR template (June 2022). The Consultant will coordinate wit h the City to develop the Area of Potential Effects (APE) and map for Caltrans review and comment. The HSPR will also document consultation with interested parties.
▪ Archaeological Survey Report (ASR ). The study will be prepared by a professionally - qualified archaeologist, document the studies undertaken to demonstra te the presence or absence of archaeological resources within the APE (absence anticipated). The ASR will be an attachment to the HSPR.
▪ Air Quality/Greenhouse Gas/ Energy/Noise Analysis. The construction related air quality, greenhouse gas (GHG), energy a nd noise impacts from demolition, import/export of fill dirt, mass grading, paving, concrete pouring, etc. will be identified utilizing the latest version of CalEEMod and FHWA Road Construction Noise Model. The results of the emissions output data, energy consumption, and noise modeling will be provided. An Air Quality Conformity Applicability Analysis to the Federal Clean Air Act will be prepared in accordance with USACE guidance.
▪ Air Quality Study Report (AQSR). The Caltrans Air Quality Conformity Analysis (AQCA) Findings Checklist will be prepared to determine scope of analysis and identify interagency 406
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consultation. Construction emiss ions w ill be analyzed following Caltrans and SCAQMD guidance. The project will be evaluated for conformity with SCAG’s RTP /SCS and Federal Transportation Improvement Program. The Consultant will assist with preparation of the SCAG Transportation Conformity Working Group (TCWG) form. Pollutant carbon monoxide (CO) “hotspots” and Mobile Source Air Toxics (MSATs) will be address ed using FHWA guidance. Prepare cover letter for submittal to FHWA. An Air Quality, Greenhouse Gas (GHG) and Energy analysis will be p repared and results provided in memorandums to support CEQA.
▪ Noise Study Report (NSR). The study will follow the Caltrans NSR template and will include analysis of noise impacts and potential noise abatement in a Noise Abatement Decision Report (NADR) in accordance with FHWA procedures and Caltrans protocol. A noise study workplan that outlines all field survey and modeling requirements will be prepared and submitted to Caltrans District 8 Noise Specialist. A field noise survey will be conducted to assess ex isting noise conditions at up to six locations. Traffic noise modeling will be conducted using FHWA Traffic Noise Model (TNM) Version 3.0. A NADR (optional task) would be prepared if noise abatement is required and would evaluate the feasibility and reasonableness of noise abatement options. A noise analysis will be prepared for the project to meet the City of Chino noise standards and results provided in a memorandum to support CEQA.
▪ Community Impact Assessment (CIA). This study will follow the Caltrans C IA template (July 2022) and will include preparation of the CIA scoping checklist and a CIA memo. As there are no commu nities in the immediate vicinity of the project site, it is not anticipated a full CIA would need to be prepared.
▪ Visual Impact Assessme nt (VIA). Caltrans’ VIA Questionnaire and Visual Impact Assessment for Minor Level VIA Report will be prepared, visual simulations are not anticipated to be needed/required.
7.3 CEQA Initial Study / Mitigated Negative Declaration (IS/MND) The project site is currently 2 lanes and would continue to be 2 lanes, and as such would not be considered a capacity improvement whic h would require associated traffic/ vehicle miles traveled (VMT) analysis. The City’s General Plan (GP) 2025 (July 2010) designates Eucli d A venue as an Expressway with 8 lanes (4 in each direction) with a wide median without parking. The City is currently in the process of updating its GP, which is expected to be completed in the summer of 2024. It is anticipated Euclid Avenue would remain designated as 8 -lane Expressway in the GP update and any future striping to widen the bridge to 4 lanes (2 in each dire ction) would be anticipated to be covered by the General Plan Update and associated Environmental Impact Report (EIR), if it were to be completed after certification of the GP Update EIR.
The Consultant will prepare an Administrative Draft Initial Study/ Mitigated Negative Declaration to determine if the Project will have a significant effect on the environment, using the City of Chino and/or CEQA Guidelines checklist. The document will include a brief explanation of the significance determination, based o n information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations and resul ts of the technical studies. The Consultant will address the City’s comments, utilizing MS Word “track changes” to assi st the City’s review. 407
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Upon conclusion of the public review period, Consultant will prepare written responses to comment letters or emails submitted to the City. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to the City for review and for finalizing for considerati on by City Council. The Consultant will also prepare the CEQA required notices for City to review and assist with all noticing and posting requirements, including with the San Bernardino County Clerk and the State Clearinghouse.
7.4 USACE NEPA Environmental Assessment (EA) – Geotechnical Borings The Consultant will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment, using USACE LA District procedures and policies, whic h w ill contain a description of the Project as it pertains to the Section 408 permission and Section 404 permit, the Pr oject location, and a description of the environmental setting of the Project site. The document will include a brief explanation of the significance determination, based on information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations and results of the technical studies. The Consultant will address USACE’s comments, utilizing MS Word “track changes” to assist the USACE’s review.
Upon conclusion of the public review period, Consultant will pr epare written responses to commen t letters or emails submitted to the USACE. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to th e USACE for review. Upon USACE ap proval of the Project and certification of the EA, Consultant will provide the final document.
7.5 USACE NEPA Environmental Assessment (EA) – Construction The Consultant will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment, using USACE LA District procedures and poli cies, which will contain a description of the Project as it pertains to the Section 408 permission and Section 404 perm it, the Project location, and a des cription of the environmental setting of the Project site. The document will include a brief explanat ion of the significance determination, based on information obtained from reports and preliminary investigation into lo cal, state and federal plans, polic ies and regulations and results of the technical studies. The Consultant will address USACE’s comments, utilizing MS Word “track changes” to assist the USACE’s review.
Upon conclusion of the public review period, Consulta nt will prepare written responses t o comment letters or emails submitted to the USACE. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submi tted to the USACE for review. Upon USACE approval of the Project and certification of the EA, Consultant will provide the final document.
7.6 Caltrans NEPA Environmental Assessment (EA)
As it is unknown when the Caltrans relinquishment would be complete, an encroachment permit from Caltrans may be required and federal funding is anticipated, which requires Caltrans supporting environmental documentation. This scope of services includes preparation of Caltrans’ Standard Environmental Reference (SER) and sup porting technical studies as outlined above. USACE and Caltrans are both NEPA lead agencies for different actions, as such this scope of services includes preparation of separate NEPA documentation, consistent with each agency’s requirements, in order to s treamline their review process. The Consultant will meet with USACE early in the environmental/permitting process, to discuss if USACE wo uld allow Caltrans to be the sole NEPA lead agency and accept the NEPA supporting technical studies that follow Caltran s 408
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formatting/requirements, which would significantly reduce the NEPA scope and fees.
The Consultant will prepare an Administrative Draft Environmental Assessment (EA) using Caltrans’ NEPA Only EA Writing Template (February 2023). The Consultant will addre ss Caltrans’ comments, utilizing MS Word “track changes” to assist Caltrans’ review. Upon conclusion of the public review period, Consult ant will prepar e written responses to comment letters or emails submitted to Caltrans. Consultant will prepare thorough , reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to the Caltrans’ for review. Upon Caltrans’ approval of the Project and certification of the EA, Consultant will provide the final document.
Assumptions:
▪ Access to the site will be provided to the Consultant by the City prior to the initiation of any environmental work.
▪ Biological and Cultural Resources Assessments assume evaluation of the bridge replacement footprint only and does not include potential offsite borrow sites. At such time any off site borrow sites are identified, addendums to these rep orts can be provided with a scope and budget amendment to address
▪ No prehistoric and historic archaeological and/or historic architectural resources are anticipated to be found during the cultural resources pedestrian survey of project site, if any are fou nd, a scope and budget amendment would be needed.
▪ Respond to one (1) consolidated set of comments for up to 2 rounds of comments are assumed/will be addressed. Consultant has budgeted responses for up to three (3) “significant” comments on the USACE EA and up to three (3) “significant” comments on the Caltrans EA and any additional significant comments will require scope modification. It is anticipated, responses to comments will consist primarily of minor editorial revisions to the USACE or Caltrans EA, ho wever it is not anticipated that major revisions or new analysis would be required. ▪ VMT analysis is not warranted as Eu clid Ave at the project site will remain a 2-lane facility and the project is not a capacity improvement, requiring associated traffic/ v ehicle miles travel ed (VMT) analysis.
▪ All potential impacts to the environment identified in the CEQA Guidelines Checklist can be mitigated to below significant levels; if not, an Environmental Impact Report (not included in this Scope of Services) would be required.
▪ The CEQA/NEPA processing effort will commence with the completion of a detailed project description that ha s been reviewed and approved by the City staff. If the project description for the project changes after initiation of the CEQA/ NEPA pr ocessing, addi tional effort will be necessary and a budget amendment may be required.
▪ Official government to government Native American Consultation is not included in this scope of work.
▪ The City will procure a Public Outreach consultant who would assist with developing a draft/final public outreach plan, develop the mailing list, distribution of the IS/MND and EAs, facil itate public meetings, prepare meeting materials, record and docume nt the meetings, provide any needed translator(s), etc.
▪ This proposal is based on the level of effort anticipated to be needed based on experience on recent projects and with the current federal and state laws, policies, and requirements in place at the time of this proposal. If new laws or policies are enacted subsequent t o the preparation of this proposal, additional effort and associated budget may be 409
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required.
Deliverables:
▪ Meetings: C EQA Kick -off and up to 7 meetings with City/Caltrans/USACE Draft and Revised Technical Study Reports (electronic copy)
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of IS/MND (5 hardcopies and electronic copy)
▪ Draft and Revised Draft Responses to Comments, and Final IS/MND (electronic copy) ▪ IS/MND Noticing on behalf of City of Chino
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of USACE EA- Geotechnical Borings (10 CD copies and electronic copy) ▪ Draft and Revised Draft Responses to Comments, and Final USACE EA -Geotechnical Borin gs (electronic copy)
▪ EA Noticing on behalf of USACE -Geotechnical Borings Admin Draft and Revised Admin Draft (electronic). Public Review of USACE EA-Construction (10 CD copies and electronic copy) ▪ Draft and Revised Draft Responses to Comments, and Fina l USACE EA-Construction (electronic copy)
▪ EA Noticing on behalf of USACE-Construction
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of Caltrans EA (10 CD copies and electronic copy)
▪ Draft and Revised Draft Responses to Comments, and Final Caltrans EA (electronic copy) ▪ EA Noticing in support of Caltrans
Task 8 – Prepare Plans, Specifications, And Estimate
The Consultant will prepare the Plans, Specifications, and Estimate s (PS&E) for the Project following the most current Caltr ans Highway Design Manual, Caltrans Standard Plans and City of Chino requirements, as appropriate. All bridge and roadway calculations, analyses and design will be performed using Caltrans current standards and requirements.
This task shall include detaile d engineering calculations, quantities, design, construction plans, specifications and special provisions and engineer’s construction cost estimate for the project that will enable the City to advertise and award the construction contract for the project.
The responsible Consultant/Engineer shall sign all Plans, Specifications, and Estimates (PS&E) and engineering data furnished by him/her, and where appropriate, indicate his/her California registra tion number. The Consultant shall prepare and furnish Speci al Provisions for items of work included in the plans which are not covered in the Standard Specifications, Caltrans -approved standard special provisions, and City approved standard special provisions.
QA/QC activities for plans, specifications, calculations, etc. are included in the various items of work. Independent checking of deliverables is required. This scope does not anticipate responding to or incorporating potential modifications resultin g from a Value Analysis (VA) study. Should that become a requirement, Consultant will work with the City to determine the magnitude of th e VA- suggested changes and any associated extra work.
8.1 Plans
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Roadway
Preparation of the plans for the Highway PS&E submittal shall include, but not be limited to, the preparation of the following roadway sheets (the number of sheets assumed are in parentheses):
- Title Sheet (1) - Typical Cross Sections (2)
- Roadway/Geometric Layouts/Horizontal Control (3/0/3) - Demolition Plans (3) - Profile and Superelevation Sheets (3) - Construction Details (4) - Contour Grading Plans (4) - Utility & Utility Relocatio n Plans (4)
- Stage Construction Plans/Traffic Handling Plans (6) - Drainage Plans (2) - Signing and Pavement Delineation Plans (3) - Electrical Plans/Roadway Lighting (3)
Structures
The Consultant will prepare t he structural plans for the project followin g the most current Caltrans bridge design manuals, AASHTO LRFD Bridge Design Specifica tions and Caltrans Standard Plans as appropriate. Preparation of the Structural plan set shall include, but not be limited to the preparation of the following structural sheets:
- General Plan - Typical Cross Sections
- Foundation Plans - Bridge Construction Details
- Retaining Wall Plans - Demolition Plans
- Stage Construction Plans
Structural calculations used to devel op the bridge and retaining wall plans shall be submit ted at the 65% and 95% milestones and updated as required beyond the 95% mi lestone. The 65% calculations (Draft) shall undergo a cursory QA/QC review and shall submit copies to City for peer review. The 95% (Final) calculations shall be fully checked and reconciled with the Independent Checker.
Supplemental calculations will be submitted at 100% as needed.
Assumptions:
▪ Structural calculations will be unchecked at the 65% milestone and will undergo an independent check at the subsequent milestone.
▪ Assumes two precast / prestressed girder bridges and six MSE walls ▪ Consultant will coordinate with up to (three) dry utility owners for future expansion of their services.
Deliverables:
▪ 65% Plans
▪ 95% Plans
▪ 100% Plans
8.2 Specifications
The Consultant shall prepare the Special Provisions for items of work included in the plans which are 411
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not covered in the Standard Specifications, Caltrans -approved standard special provisions, and City approved standard special provisions. Special Provisio ns will be outlined at the 65% PS&E submittal, complete at the 95% PS&E submittal, and updated to ad dress comments at the 100% PS&E submittal.
Assumptions:
▪ Technical Specifications and Special Provisions shall be prepared in Microsoft Word format. ▪ General Conditions (boilerplate) shall be provided and prepared by the City. ▪ Consultant will provide input on technical requirements necessary for project -specific updates to the General Conditions.
▪ Special Conditions will be develope d to communic ate unique requirements (e.g. permit requirements and coordination with USACE) to the contractor. ▪ Technical Specifications shall reference Greenbook and Caltrans Standards where applicable. It is assumed that roadway/civil items will follow Gr eenbook stand ards, and structural items wil l follow Caltrans standards. Technical specifications will reference these standards, with project- specific modifications as appropriate. Bid items will be numerically tied to the appropriate specification section.
Deliverables:
▪ 65% Specifications (Outline)
▪ 95% Specifications
▪ 100% Specifications
8.3 Estimate
Throughout development of the PS&E, the Consultant shall update the preliminary cost estimate.
For construction costs, Consultant shall provide detailed project quantity estimates and cost estimates with the 65%, 95%, and 100% PS&E submittals. Bid Schedules shall also be provide d with each line item referenced to a payment item in the Specifications.
In addition to construction cost, overall capital costs (including right-of-way and soft costs) shall also be provided at each milestone. Costs other than construction costs will req uire input and direction from the City and the City’s Right-of-Way Consultant.
Assumptions:
▪ Cost estimates shall be prepared in MS Excel format.
▪ Cost estimates will be on a unit cost basis. Detailed breakdowns that separate material and labor are not anticipated.
▪ Caltrans Contract Cost Data, recent bids, and Consultant’s experience on similar projects will be used to determine unit c osts. Use of other references (e.g. RSMeans) are not anticipated for this Scope of Services will be used.
Deliverables:
▪ 65% Cost Estimate, Quantities, and Bid Schedule
▪ 95% Cost Estimate, Quantities, and Bid Schedule
▪ 100% Cost Estimate, Quantities, and Bid Schedule
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Task 9 – Quantities and Estimates
Refer to Task 8 for Quantities and Estimate.
Task 10 – Transportation Management Plan
The Consultant will prepar e the Draft and Final Transportation Management Plan (TMP) in accordance with current Caltrans procedures a nd guidelines. The TMP will identify specific measures that can be taken during construction to reduce impacts to th e traveling public due to Project construction and to provide travel through and around the work area.
TMP elements to be con sidered for t he project include, but are not limited to public awareness and notification campaign, advance construction signage, peak hour restrictions on lane cl osures, restrictions on work hours and days of the week, suggested alternate routes with loca l arterial an d trails signing (signed detours), portable changeable message signs, temporary traffic control devices, signs and b arricades, project phasing, and co ntingency planning. The TMP will emphasize minimizing roadway capacity reductions and closur es on Euclid Avenue during construction and maintaining acceptable roadway and intersection operation on all roadways impacted by any construction detours, as necessary.
Assumptions: This scope does not include impl ementation of a public awareness campaign or attending public meetings during the project construction phase.
Deliverables: Transportation Management Plan.
Task 11 – Hydrology and Hydraulics (H&H) Report
The Consultant will prepare both hydrologic and hydraulic analyses in support of the requi red drainage structures. Hydraulic studies will include estimated scour depths at piers and abutments of the proposed structures. Probable depth of scour shall be determined by subsurface exploration and hydraulic studies using HEC - 18 for general guidance . For culvert systems, additional backwater curve analysis and inlet/outlet scour will need to be studied as well.
Based on the hydrology and hydraulic information, appropriate drainage systems will be identified and incorporated into the roadway and Brid ge design, including any channel under crossings needed and roadway drainage systems. Design of drainage faciliti es will conform to applicable current City, County, and/or Army Corps of Engineers (ACOE) standards and current Best Management Practices in conformance with the requirements of the Regional Water Quality Control Board.
Consultant anticipates that the Rese rvoir Operations of ACOE Los Angeles District will require the preparation of a Hydraulic Impact Memorandum to demonstrate that the embankment s and improved crossings will allow water to backflow in the reservoir without impediment. The proposed improvements will not impact the reservoir operations, including the federal project on the Santa Ana River Mainstream. Consultant will prepare a two -dimensional (2D) hydraulic analysis using HEC - RAS2D to identify potential backwater and storage effects within the basin from 1,00 0 linear-feet downstream of the proposed bridge to the Chino Creek Levees. The 2D hydraulic analysis will also include the pro posed improve ments to Pine Avenue for consistency. A one -dimensional (1D), steady-state, bed adjustment analysis will be perform ed to determine if increased deposition or excessive scour will occur with the proposed design.
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The overall Hydraulics Report will identif y strategies and requirements for use by the design engineer to prepare the structural plan sheets.
The Consultant will prepare a Water Quality Management Plan (WQMP) using the Santa Ana Region template for Public Transportation Projects. Th e implementation of implementing structural LID BMPs within the right-of-way will be evaluated based on the principles of the EPA Guidance.
Deliverables:
▪ Hydrology and Hydraulics Report
▪ Water Quality Management Plan
▪ No Adverse Impact Memorandum to USACE
TASK 12 – PREPARE FINAL PS&E PACKAGE
The Consultant will prepare for distribution the final combined roadway and structural PS&E package for final review by the City, and other stakeholders. The Consultant will address comments received and incorporate ch anges as appr opriate in the final combined PS&E package as well as perform final QA/QC of the entire package.
As part of the final combined PS&E package, the Consultant will provide a constructability review of the project. Under this task, an independent reviewer, provided by the Consultant, shall perform a review and certify the quality of the package and that the plans are const ructible. The independent reviewer shall submit a stamped report to the City summarizing its review and certifyi ng the constructability of the plans and that the final combined PS&E package is biddable. The independent reviewer shall be a registered Professional Engineer in the State of California. The Consultant will be responsible for completion of the final combined PS&E package in a manner where there is sufficient time to address comments during the independent review and finalize the PS&E package with in the project schedule.
The constructability review will include a review of the PS&E to evaluate constructabil ity concerns (e.g. crane pl acement for girder erection), ensure that permit requirements are adhered to, evaluate payment clauses for completeness and suggest revisions to mitigate claims and change orders, etc. A meeting will be held with Consultant and C ity staff to r eview finding s and recommend items for incorporation into the PS&E. Results will be summarized in a brief report with a reconcile d Comment Resolution Matrix attached.
Assumptions: This scope assumes that the City will not have the Construct ion M anagement team perform a constructability review in addition to the const ructability review that Consultant will Perform.
Deliverables:
▪ Independent Constructability Review.
▪ Final PS&E Submittal.
Task 13 – Contract Bid Documents (Ready To List)
The Consultant will assist the City in the preparation of the Issued for Bid Submittal. Consultant will provide signed Technical Specifications and Special Provisions and will assist the City with technical 414
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input on revisions to the City’s boilerplate Notice Inviting Bids an d General Conditions, for which the City will lead the preparation of.
Once advertised, Consultant will attend the pre -bid meet ing and assist in responding to bidder inquiries and issue addenda as necessary.
After the construction contract is awarded, Co nsultant wil l prepare an Issued for Construction Submittal (aka Conformed Set) of clean contract documents that incorporate any bid addendums.
Assumptions:
▪ Consultant’s scope is limited to providing technical guidance and assistance with assembling the Issued for Bid package. City will primarily lead the preparation of the Notice Inviting Bids and General Provisions. Bond and insurance requirements, review of contractor litigation history, etc. will not be prepared by Consultant.
▪ This scope includes assistance with responding to up to thirty (30) bidder questions. ▪ Preparation of one (1) bid addenda for plans/specifications to addre ss bidder inquiries and provide clarification is included in this scope.
Deliverables:
▪ Issued for Bid Submittal.
▪ Pre-Bid Meeting Attendance.
▪ Responses to Bidder Questions.
▪ Bid Addenda Preparation.
▪ Issued for Construction Submittal.
Task 14 – Engineering Support During Construction
The Consultant will prov ide Technical Support to the City and City’s Construction Management Team during construction. Consultant shall assist with following:
▪ Provide professional engineering services to address and respond to Requests for Information (RFIs) from the contractor.
▪ Review shop drawing and material submittals.
▪ Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered.
▪ Review and provide recommendations regarding proposed change orders (as needed). ▪ Attend the pre -construction meeting and additional office or construction site meeting s during construction.
Assumptions:
▪ Up to 75 RFIs are included in this scope.
▪ Up to 25 reviews of shop drawing and submittals are included in this scope. ▪ Attendance at up to 12 week ly progress meetings with the City and their Construction Management Team are included in this scope. Consultant will participate virtually or via teleconference in these meetings.
▪ Up to 6 field visits / construction site meetings are included in this scope. ▪ Visits to Site and Observation of Construction: Consultant will make vi sits as directed by City in order to observe the progress of the work. Such observations will not be e xhaustive or extend to 415
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every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate wheth er Contractor's work is gen erally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the work.
▪ Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to s top the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. ▪ Recommendations with Resp ect to Defective Work: Consultant w ill recommend to City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consu ltant believes that such work will not produce a completed Project that generally conforms to the Contract Documents.
▪ Clarifications and Interpretations: Consultant will respond to reasonable and appropriate Contractor requests for information and issue ne cessary clarifications and interpretations of the Contract Documents. Any orde rs authorizing variations from the Con tract Documents will be made by City.
▪ Change Orders: Consultant may recommend Change Orders to the City and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. ▪ Shop Drawings and Samples: Consultant will re view and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is req uired to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. ▪ Substitutes and "or-equal.": Consultant will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accor dance with the Contract Documents.
▪ Inspections and Tests: Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate and may receive and rev iew certificates of inspections within Consultant’s area of respons ibility or of tests and approvals required by laws or the Con tract Documents. Consultant’s review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independe nt evaluation that the content or procedures of such inspecti ons, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests.
▪ Limitations of Responsibility: Consultant shall not be responsible for the acts or omissions of any Contractor, or of a ny of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the work. Consu ltant shall not have responsibility to stop or direct the work of any Contractor.
▪ Disagreements between City and Contractor: Co nsultant will, if requested by City, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requiremen ts of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith.
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Deliverables:
▪ RFI Reviews and Responses
▪ Shop Drawing and Submittal Reviews
▪ Weekly Progress Meeting Attendance
▪ Site Visits / Observations
TASK 15 – PROJECT CLOSEOUT
The Consultant will coordinate with the Construction Management Team and/or Re sident Engineer to develop as-built plans in accordance with Caltrans and City Standards. Work includes the transfer of redline plan mark -ups to the Issue d for Construction contract plans. As -built plans and CADD files will be transmitted to the City. The Consultant will complete this t ask within 30 Calendar days of receipt of red-line mark-ups.
Consultant will upload all necessary electronic files (including CADD files) to the City’s cloud-based system for the City’s records.
Assumptions: Red-line markup s will be provided to Consultant by the City ’s Construction Management Team/ Resident Engineer.
Deliverables:
▪ As-Built Plans (CADD and PDF)
▪ Electronic Project File Transmittal for City Records
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approval of t he Project Manager, funds may be shi fted from one Task subbudget to another so long as the Contract Su m is not exceeded per Sectio n 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compe nsation for the Services shall not exce ed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”
Fee Summary
The Biggs Cardosa Team’s total proposed not-to-exceed fee to deliver the Scope of Services is $3,944,225.34.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all servic es and del iver all work produ cts timely in accordance with the schedule attached hereto as Exhibit “D-1”. *Finalized deadline dates will be contingent upon actualized project schedules, which shall be approved by the Project Managers. Consultant will coordinate with City and Project staff to ensure timely completion of services and adherence to approved task schedules.
II. The Project M anager may approve extensions for performance o f the s ervices in accordance with Section 3.2.
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MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Approve a Professional Services Agreement for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Ave Stage 3 Project ST203. ..end
RECOMMENDATION
..recommendation
1) Appropriate $ 187,797 to the Transportation Fund with a corresponding year -end transfer amount from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260; 2) increase the project budget for Pine Avenue Improvements (Hellman to Euclid Avenues) ST203 by $ 187,797 for a new project budget of $ 6,568,113.00; 3) approve a Professional Services Agreement to Ruth Villalobos & Associates, Inc., Ontario, CA for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Avenue Stage 3 project for an amount not to exceed $ 187,797; and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2) one-year contract extensions.
..body
FISCAL IMPACT
Requires an appropriation of $ 187,797 to the Transportation Fund 320 with a corresponding year-end transfer from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260 in the same amount. Increase the project budget for ST203 by $ 187,797 for a revised project budget of $6,568,113.00. There are sufficient reserves in the Fund 260 for this purpose.
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:
Responsible Long-Range Planning
Revenue:
Expenditure: 3207100-40010-ST203
Transfer In: 3201000-50000 Transfer Out: : 2601000-40001 422
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR SECTION 408 PERMIT
ACQUISITION AND OTHER RELATED REGULATORY PERMITTING SERVICES ASSOCIATED WITH THE PINE AVE STAGE 3 PROJECT ST203.
PAGE: 2
BACKGROUND
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. The phased construction of Pine Avenue includes, but is not limited to, acquisition of 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.
Traditionally, new developmen ts within The Preserve, which are adjacent to Pine Avenue, are required by the City to dedicate the necessary right-of-way and to design and construct portions of the roadway segments on Pine Avenue. As a result, in 2014, the City of Chino issued Conditions of Approval (“COA”) to Chino Preserve Development Corporation, a Lewis Management Corporation company (“Lewis”) for the Pine Avenue Street Improvements, Phase 1 (Stages 1 -3) as part of Tract Map No. 18480 (the Harvest project), a 600 -unit residential dev elopment generally located at the northwest corner of Pine and Hellman Avenues.
Phase 1 Improvements on Pine Avenue extend from Euclid Avenue to Rincon Meadows Avenue. The improvements include the widening of Pine Avenue to four lanes to increase capacity; an extra turn lane at the intersection of Euclid/Pine Avenues to increase left turn capacity into The Preserve; and raising of the roadway grade to eliminate the dip between Meadowhouse and Rincon Meadows Avenues. The Phase I Improvements also include new drainage facilities and the relocation of utilities.
Lewis has completed Stages 1 and 2 of the Phase 1 Improvements as required under the Harvest project COA. However, Stage 3, which includes two eastbound and westbound lanes and a raised roadway that eliminates the dip between Meadowhouse and Rincon Meadows, will be completed by Lewis within one year from the City obtaining all jurisdictional permits needed to start the project.
The final design plans for Stage 3 were approved by the City earlier this year. However, the City is still working through the permitting process with the Orange County Flood Control District and the U.S. Army Corps of Engineers (USACE). Under the USACE Section 408 program, the City is required to obtain a permit because the raising of the roadway between Meadowhouse and Rincon Meadows will modify the existing flood protection area in The Preserve under the jurisdiction of the USACE. The permitting process under the Section 408 program is estima ted to take approximately 8-10 months.
City staff does not have extensive experience with the process of obtaining approvals from the USACE. For this reason, on September 28, 2023, City staff solicited proposals through Planet Bids for Section 408 permit a cquisition and other related regulatory permitting services associated with the Pine Avenue Stage 3 project. The City received two (2) proposals; Ruth Villalobos & Associates, Inc. (“RVA”) and FEI Associates Consulting Engineers.
The proposals were evaluat ed and ranked by a selection committee. Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32, the two proposals were evaluated based on competence and professional qualifications. RVA was de emed by the selection committee as the most responsive and responsible bidder.
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CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR SECTION 408 PERMIT
ACQUISITION AND OTHER RELATED REGULATORY PERMITTING SERVICES ASSOCIATED WITH THE PINE AVE STAGE 3 PROJECT ST203.
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ISSUES/ANALYSIS
RVA was deemed the most responsive and responsible bidder based on their permitting experience and past history working with the City . RVA has successfully assisted clients obtain approval of over 70 Section 408 permissions from USACE for modifications within USACE constructed projects or within their right -of-way. In addition, RVA previously assisted the City with obtaining permits/approvals from USACE for t he construction of sewer pipelines and the sewer lift station located within Prado Regional Park.
As a result of this analysis, staff recommends the City Council approve the award of contract to RVA in the amount not to exceed $ 187,797 for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Avenue Stage 3 project with a contract term of one (1) year with the option to renew for two (2) additional one-year periods.
Attachment - Professional Services Agreement
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Contract No.: ______________
Approved: ______________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
RUTH VILLALOBOS & ASSOCIATES, INC.
(Section 408 Permit Acquisition and Other Related Services for Pine Stage 3 Project) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of November 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Ruth Villalobos & Associates, Inc. (“Consultant” ). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or I nvitation 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 Ar ticle 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 pe rformance 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 mu tual 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 condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this r eference, 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, compete nt, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 425
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follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good qual ity as well as fit for the purpose intended. For purposes of this Agreement, the ph rase “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 i ncluded 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 d efined in California Labor Code S ection 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements i n California Labor Code section 1770 et seq. and 1810 et seq., and all other applic able laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under thi s Agreement shall be subject to compliance monitoring and enforcement by the Depart ment of Industrial Relations ( “DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) P revailing Wages . Consultant shall p ay prevailing wages to the e xtent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, co pies of the prevailing rate of per diem wages are on file at City Hall a nd will be made available to any interested party on request. By initiating any work under this Agre ement, Consultant acknowledges receipt of a copy of the DIR determination of the pr evailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) P enalty for Failure to Pay Pre vailing Wages. Consultant 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 pe nalties for failure to pay prevailing wages. The Consultant 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 426
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Co nsultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records an d verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) A pprentices . Consult ant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Co de of Regulations T itle 8, S ection 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be re sponsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Wi thin sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) E ight- Hour Work Day. Co nsultant acknowledges that eight (8) hours labor constitutes a legal day's work. Co nsultant shall comply with and be bound by Labor Code Section 1810.
(g) P enalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant sha ll, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant 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 t he provisions of Division 2, Part 7, Chapter 1, Article 3 of the L abor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consul tant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in exce ss of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Wor kers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if i t has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code w hich require every employer to be i nsured against l iability 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.”
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(i) Consultant ’s Res ponsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consult ant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Lab or Code, and shall make such compliance a requirement in any contract with any subcon tractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's complia nce, including without limitation, conducting a review of the certified payroll re cords 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. Co nsultant 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 a t its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessar y for the Consultant’ s performance of the services required by this Agreement, an d shal l indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agre ement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the sco pe of services to be performed, (ii) has carefully considered how the services sh ould be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services i nvolve 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 existin g, 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 Consult ant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provi sion and/or installation of any software, computer system, or other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer s ystem, or other computer technology provided and/or installed by Consultant unde r thi s Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable met hods during the life of the Agreement to furnish continuous protection to the work, and th e equipment, materials, papers, documents, plans, studies and/or other components t hereof 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 agre e to use reasonable care and diligence to perform their respective obligations under this Agreement. B oth parties agree to act in good faith to execute al l instruments, prepare all documents and take all actions as may be reasonably necess ary 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, ad ding 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 the rein any adjustment in (i) the Contract Sum for the actual costs of the extra work , a nd/or (ii) the time to perform this Agreement, which said adjustments are subject t o the written app roval of the Consultant. Any increase in compensation for extra work sh all require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set for th in the Scope of Services. Consultant hereby acknowledges that it accepts the risk th at the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitl ed to additional compensation therefor. City may in its sole and absolute di scretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Ag reement, if any, which are made a part hereof are set forth in the “ Special Requ irements” 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. 429
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compe nsation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty- Seven Thousand Seven Hundred Ninety-Seven Dollars ($187,797) (the “Contract Sum” ), unless additional compens ation is approved pursuant to Section 1.10.
2.2 M ethod of Compensation.
The metho d of compensation may include: (i) a lump sum payment upon completi on; (ii) payment in accorda nce 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 main tained, 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 reimburs ement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Sec tion 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance o f Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critica l component of the services. If Consultant is required to attend additional meetings to facilita te such coordina tion, 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 invoic e for all work performed and expenses incurred during the preceding month in a form a pproved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all p rovisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) L ine items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, al l invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been subm itted to the DIR.
Consultant shall also submit a list of the prevailing wa ge rat es for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the t erm 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 i ts best efforts t o cause Consultant to be paid within forty- five (45) days of receipt of Con sultant’s correct and undisputed invoice; however, Consultant acknowl edges and agrees that due t o City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreem ent 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 f unding for the ser vices hereunder in the budget approved by Chino City Council for each fisc al 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. 431
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall pe rform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 F orce Ma jeure.
The time period(s) s pecified in the Schedule of Performance for performance of the services rendered purs uant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligenc e of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weat her, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, str ikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the comm encement of such d elay 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 perfo rming the services for the period of the enforced delay when and if in the judgment of the Pr oject Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreem ent. In no event shall Consultant be entitled to recover damages against the City for any delay in the performan ce of this Agreement, however caused, Consultant’ s sole remedy being exten sion 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 ful l force and effect until completion of the services, which shall be no later than November 7, 2024, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional two (2) years at the o ption of the City if the City is satisfied with the quality of service s performed by Consultant under this Agreement.
ARTICLE 4. CO ORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authoriz ed to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Ruth Villalobos President / Principal-in-Charge (Name) (Title)
Juan Villalobos Project Manger
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement f or City to enter into this Agreement.
Therefore, the foregoing principals shall be r esponsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreem ent, 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 t o maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the s ervices required under this Agreement.
Consultant shall notify City of a ny changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services req uired under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shal l not at any time or in any ma nner represent that Consultant or any of Consultant’ s officers, empl oyees, or agents are in any manner officials, officers, employees or agents of City. N either 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 cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shal l 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 t he 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 t o carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as o therwise 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 time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant 433
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shall not at any ti me or in any manner represen t 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 me mber of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, k nowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this A greement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the servi ces required hereunder without the express written approval of the City . In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the bene fit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sh all obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commer cial general liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,0 00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any e ndorsement restricting standard ISO “insured contract” language will not be accepted.
(b) A utomobil e liability insurance. Consultant shall maintain automobile insurance at least as b road as Insurance Services Office form CA 00 01 covering bodily injury and prope rty 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) P rofessional liability (errors & omissions) insurance. Consult ant shall maintain professional liability insurance that covers the Services to be pe rformed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this 434
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Agreement and Consultant agrees to ma intain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) S ubcontra ctors. Consultant shall include all subcontractors as insureds under its policies or shall furn ish separate certificates and certified endorsements for each subcontractor. All cove rages for subcontractors shall include all of the requirements stated herein.
(f) A dditional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 G eneral Insurance Requirements .
(a) Proof of insuranc e. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion 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 al l required insurance polic ies, at any time.
(b) D uration of coverage. Consultant shall proc ure and maintain for the duration of this Agreement insurance against claim s for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) P rim ary/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 herei n may be satisfied by a combination of primary and umbrella or excess insura nce. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage sh all also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) C ity ’s rights of enforcement. In the event any policy of insurance r equired under this Agreement does not comply with these specifications or i s canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A cceptabl e insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insuranc e Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an 435
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procu red pursuant to this agreement shall be endorsed to waive subrogation against City, it s elected or appointed officers, agents, officials, employees and volunt eers or shall specifically all ow Consultant or others providing insura nce evidence in compliance w ith these specifications to waive their right of recovery prior to a loss. Consulta nt hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E nforce ment of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any act ual 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) R equirements not limiting . Requirements of specific coverage features or limits contained in this section are not intend ed as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver o f any type. If the Consultant maintains higher limits than t he 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 exc ess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N otice of can cellation. 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 c overage for each required coverage.
(j) A dditional insured status . General liability policie s sha ll 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 sha ll also apply to any excess/umbrella liability policies.
(k) P rohibit ion of undisclosed coverage limitati ons. None of the coverages required here in will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S eparatio n of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom c laim 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. 436
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(m) Pass through clause. Consultant agrees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or involved i n the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all s uch 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 wit h consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A gency’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) S elf -insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with thes e specifications unless approved by City.
(p) T imely notice of claims . Consultant s hall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional insurance. Consultant shall also procure and maintain, at its own cost a nd expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 I ndemnificatio n.
To the full extent pe rmitted 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, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance 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 actio n or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, it s 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 act ivities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City , its officers , agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or i n connection with the negligent performance of or failure to perform th e 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 Ci ty, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occu rring as a result of City ’s sole negligence or willful acts or omiss ions, 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 sha ll be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and recor ds”), 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 s hall 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 s hall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services 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 pe rformed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques , or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, t echnique 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, specif ications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the docu ments and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk 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 embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. 439
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of t his 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 subcontract ors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogator ies, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall 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 m atter 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 covena nts and agrees to submit t o the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusive ly in the Central District o f California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consul tant 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 alt ernative, 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 t he Consultant’s default sh all 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 440
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dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third par ties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such righ t to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver b y 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 pr ovision of this Agreement.
Acceptance by City of any work or s ervices 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 defau lt 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 ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and th e 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 a ny other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agr eement. 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 determin ation 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 Consultant and its sureties shall be liable for and sh all pay to the City the sum of Zer o Dollars ($0) as li quidated 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 Consultant any accrued liquidated damages. 441
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to term inate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consu ltant, except that where termination is due to the fault of the Consultant , the per iod of notice may be such shorter time as may be determined by the Proj ect Manager . I n addition, the Consultant reserves the right to ter minate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that wher e termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Co nsultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent th at the total cost for completio n of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitiga te 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 a ny action or proceeding in any way conne cted with this Agreement, th e prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be ent itled to reasonable attorney ’s fees. Attorney’s fees shall include atto rney’s fees on any appeal, and in additi on a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and disc overy and all other necessary costs the court allows which are incurred in such litig ation. All such fees shall b e deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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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 persona lly 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 du e 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 manne r with the interests of City or which woul d in any way hinder Cons ultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as a n officer, employee, agent or subcontrac tor without the express wr itten 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 empl oyee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which a ffects her/ his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, d irectly 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 di scrimination against or se gregation 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 affirma tive action to insure tha t applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as am ended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions b e imposed agains t City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 443
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liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approva l, or communication eithe r party desires or is required to give to the other party or any other person shall be in writing and either served pers onally or sent by prepaid, f irst-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), Ci ty of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Co nsultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreemen t including the attachment s hereto is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consu ltant and by the Ci ty 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, sente nces, clauses, paragraphs, o r 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 unenforceabili ty shall not affect any of the remaining phra ses, sentences, clauses, p aragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 444
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of the parties h ereunder unless the invalid provision is so material that its inva lidity 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 Cit y 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 a ssociation in which (s)he is directly or indirectly inter ested, 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 in clude interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents th at it has not paid or given, and will not pay or give, to any third party including, but not limited to, any Ci ty 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 C ity official, officer, or employee, as a result of conseq uence of obtaining or being awarded any agreement. C onsultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ( ii) they are duly authoriz ed to execute and d eliver this Agreement on beh alf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Director of Development Services
CONSULTANT:
RUTH VILLALOBOS & ASSOCIATES, INC.
By:
Name: Ruth Villalobos
Title: President
By:
Name:
Title:
Address: 3602 Inland Empire Boulevard
Suite C310
Ontario, CA 91764
Two corporate officer signatures required when Consul tant is a corporation, wit h one signature required from each of the following groups: 1) Chairman of the Board, Preside nt or any Vice Presi dent; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 446
01225.0001/863604.2 A -1
EX HIBIT “A”
SCOPE
OF SERVICES
I. C onsult ant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All wor k pr oduct is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
447
City of Chino
Request for Proposal No. 2023-8006
City of Chino Regulatory Permitting
Services
Pine Avenue Widening/Stage 3 Project
Ruth Villalobos & Associates, Inc.
3602 Inland Empire Blvd, Suite C310
Ontario, California 91764
WOSB/SBE/DBE
September 26, 2023
EXHIBIT A-1
448
Ruth Villalobos & Associates, Inc.
September 26, 2023
City of Chino
13220 Central Avenue
Chino, CA 91710
Subject: City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006 Dear City:
Ruth Villalobos & Associates, Inc. (RVA) is excited to present our qualifications and provide our professional services in support of the City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006.
RVA recognizes that to be a true partner with the City requires a Consultant that understands your needs and expectations – both in terms of quality of work and in timely delivery.
RVA has assembled a highly skilled team with the institutional knowledge and relevant experience required to meet the dynamic changes occurring within the City. RVA brings a “fresh” team of professionals with real -life experience, existing relationships with the City and a thorough understanding of the regulatory permitting and USACE Section 408 Permi ssion processes required to efficiently and effectively deliver a high-quality product. The RVA team is poised to assist the City in collaborating to deliver an integrated solution to this challenge.
RVA’s in -house professionals bring the expertise, dedication and flexibility to successfully complete your projects associated with the Pine Avenue Widening / Stage 3 project. The RVA team provides:
➢ An experienced, local Project Manager. Juan Villalobos has over 35 years of experience on similar scope of services (regulatory permitting, environmental permit compliance, environmental documentation, and mitigation) for flood control facilities within the southern California area. Juan had a previous 20-year career with the US Army Corps of Engineers, Los Angeles District and currently manages multiple environmental and regulato ry permitting services contra cts. He brings reputable negotiating skills and a strong commitment to advocating, as legally allowable, for the best interest of the City. ➢ Principal-in-Charge/QAQC who knows the City of Chino. Ruth Villalobos retired as the former Chief of Planning Division and former Chief of Environmental Resources Branch with the US Army Corps of Engineers, Los Angeles District, after 34 years of service. During her tenure, Ms. Villalobos lead the overall en vironmental and permitting efforts for completion and approval on many USACE/local jurisdictional agencies, including with in Prado basin.
She bring s a wo rking history at the USACE Los Angeles District and a long-standing relationship with the USACE combined with her in-depth knowledge of the Section 408 449
3602 Inland Empire Blvd., Suite C310, Ontario, CA 91764 ◆ (909) 245-1127 ◆ www.rvacorp.com September 26, 2023
City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006
Permission process which will help to expedite the Pine Avenue Widening project. ➢ A trusted leader in the environmental arena . RVA has earned the trust of our clients through our company values and attributes which include s being highly respected/ recognized by our peers; our reputation is built on each project success; not a “Big Box” consulting firm; applying ‘Critical Thinking’ throughout the process; ability to mediate contentious situations, as an extension of the City team. ➢ An Excellent Track Record of Meeting Schedules and Budgets. RVA has a Management Approach Plan that has been proven on past projects to be effective in meeting or exceeding client goals for completing projects on or ahead of schedule and within or below budget.
With the foregoing and information presented in the following submittal, we trust you will recognize the value the RVA team can contribute as a partner to the City. RVA offers the “right team”, with the “right experience” to apply the “right lessons learned” to getting the project completed “right the first time.”
I will represent Ruth Villalobos & Associates, Inc., a California Corporation, in all matters pertaining to this contract. RVA will bear the sole and complete responsibility for all work. I am authorized to negotiate, sign and bind RVA in all contractual matters.
Our proposal shall remain valid for a period of not less than 120 days fro m the date of submittal.
I attest all information submitted with our proposal is true and correct. Should you need additional information or have questions regarding this submittal, please contact me at [email protected] or any time on my office/cell at (909) 685 -5942. We appreciate the opportunity to submit our qualifications and we are ready to begin work immediately upo n selection.
Respectfully,
Ruth Villalobos
President
Contact Information:
Ruth Villalobos, President
3602 Inland Empire Blvd, Suite C310
Ontario, CA 91764
Office/Cell: (909)685-5942
Fax: (909)245-1757
[email protected]
http://rvacorp.com
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EXPERIENCE AND QUALIFICATION
Ruth Villalobos & Associates, Inc. (RVA) is a Ruth Villalobos & Associates (RVA) was incorporated in 2012 and is a certified Woman-Owned Small Business (WOSB), Small Business
Enterprise ( SBE) and California Disadvantaged Business Enterprise (DBE). RVA has professional history and experience working within the City of Chino (City) and vicinity. RVA brings a vast amount of experience with urban environment and river corridors, including within the Prado Basin. RVA understands the evolving processes that are refining the City of Chino (City) and can provide high-quality support to the City by collaborating to deliver high integrated Regulatory Permitting resources solutions. Led by Ms. Ruth Villalobos, who has over 40 years of direct City experience, RVA understands that the dynamic changes occurring within the City in general require a modern, proactive approach to address and resolve new complexities in Environmental and Regulatory Permitting Compliance.
RVA is recognized as an industry leader for our professional environmental planning consulting serv ices and is highly respected by its peers and provides a full range of environmental and planning services for various types of projects. RVA is recognized in the Federal, State of California and private industry for professional Water Resources Planning, Environmental and Regulatory Permitting Services with emphasis on water and soil treatment, air quality, greenhouse gas and climate change, water infrastructure, stormwater management, capital improvement, land development, transportation and maintenance projects.
RVA has experienced professionals that specialize in preparing Feasibility Phase studies, defensible NEPA; Regulatory Permits and facilitating and negotiating all required permits through the agencies’ process; Environmental Permit Compliance; Mitigation planning, design, surveys, monitoring, tracking, and reporting; and Community Outreach and Public Relations for public and private clients.
RVA brings over 125 combined years of specialized experience and qualifications in preparing environmental documents for regulatory permitting and compliance. Also, RVA has successfully assisted clients in obtaining the approval of over 70 Section 408 Company: Ruth Villalobos
& Associates, Inc.
Office:
3602 Inland Empire Blvd,
Suite C310, Ontario, CA
Service Years: 10+
Certifications:
• WOSB, SBE, DBE
Services Provided:
Environmental
• CEQA/NEPA
• Biological Resources
• Mitigation
• Jurisdictional
Delineation
• Cultural Resources
• Air Quality/Noise/GHG
• Water Quality
Assessment
Permitting
• Section 401, 404, 1600
Permits & Compliance
• USACE Section 408
Planning
• Multi-Use Trails
• Feasibility Studies
• Land Use
• Program Development
• Water Conservation
• Watershed
Management
• Stormwater Capture
Community Outreach
• Public Relations and
Participation
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Permissions from U.S. Army Corps of Engineers (USACE) for the modification within USACE constructed projects or within their right-of-way.
RVA understands the City i s seeking a consultant, specifically RVA, who possesses the qualifications for Regulatory Permitting Services, including USACE Section 408 Permission and the capability to interpret the agency’s requirements and policies . Successful completion of the regulatory permits, including Section 408 Permissions, requires RVA’s highly respected subject matter experts, coupled with a thorough understanding of the resource agencies, including USACE, principles and practices of relevant laws underpinning the process with a proven track record.
RVA strives to understand the City’s goals for each task assignment; focus on integrating creative planning solutions with sound implementation principles; and instill open communication in an effective, collaborative manner to produce a deliverable that meets or exceeds the client’s expectations.
RVA is committed to making the City’s projects high priority, providing value-added as advisors to the City, providing quality service and products, being responsive to inquiries, being efficient and effective on executing projects, providing active communication, facilitating or leading agency coordination, and striving to exceed project expectations for the duration of this contract.
RVA understands the following:
✓ Key team members critical to the completion of a task assignment will not be replaced without the coordination and concurrence of the City’s Project Manager. RVA commits to the City on the availability of our resources and will place a high priority on meeting the services required for all projects.
✓ RVA team’s Project Manager shall interact with, and take formal direction from City staff with respect to the delivery of all services under the Consultant Services Agreement. ✓ All professional staff provided by RVA for a project shall be approved by the City and shall not be removed or replaced without prior consent by the City. If a change in personnel is necessary, RVA shall submit the name and resume for the proposed replacement for City approval 30 calendar days prior to the effective day of the change. In addition, RVA shall commit to the City that any shift presented and accepted by the City on a project shall remain committed to the project as long as they remain employed by RVA. ✓ City reserves the right to change personnel from the RVA team, if is deemed necessary. ✓ The Project Manager, Juan Villalobos, is an owner and employed with RVA and is located in Southern California.
RVA will serve as the Prime Consultant for this contract and will provide the single source of project management, responding directly to the City, for all aspects of the contract. Our team is structured to efficiently and effectively formulate the best response to any of the task assignments, 452
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regardless of size and complexity. Our team is led by professionals with City institutional knowledge and in-depth understanding of the Regulatory Permitting processes and compliance.
RELATED EXPERIENCE AND PROJECTS
The table illustrates the diversity of RVA's Relevant Projects’ experience in providing Regulatory Permitting Services support for City of Chino. Our project experiences demonstrate a direct correlation with the same professional services that may/will be requested under the City's Regulatory Permitting Services RFP #2023-8006.
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Prado Sewer Pipeline & Lift Station, CA. The project consisted of installation of sewer pipelines extending approximately 2.4 miles
and construction of a new lift station. The sewer
pipeline alignments are largely within public
street right-of-ways, however, a portion of the
pipeline alignment an d lift station are located
within the Prado Regional Park, a San
Bernardino County leasehold of Federal USACE
property. This portion of the project is also
located within a wetland habitat area and designated Critical Habitat for the endangered least Bell’s vireo and utilized subsurface horizontal directional drilling to minimize impacts.
RVA prepared the Initial Study/Mitigated Negative Declaration and public notices on behalf of the City of Chino as well as the Environmental Assessment and FONSI and notic es on behalf of the USACE. RVA also assisted the USACE in consultation with US Fish and Wildlife Service and the State Historic Preservation Officer (SHPO). RVA obtained permits/approvals required from USACE (404), CDFW (1600 Streambed Alteration Agreement ), and the Regional Water Quality Control Board (401 Certification).
Majestic Chino Heritage, Chino, CA. The Majestic Chino Heritage Project is located in the southern portion of the City of Chino, southwest of the City of Ontario, east of the City of Chino Hills, west of the City of Eastvale, and northwest of the City of Corona. The project site encompasses approximately
97 acres. The project proposes to develop two
industrial/warehouse buildings and associated features
on the approximately 97 -acre vaca nt, undeveloped
project site. As part of the development, import of fill to the site from 5 local surrounding borrow areas, which are also vacant and unimproved, is required to elevate the
building's site above the 566 -foot elevation and offset that volume by removing fill material at lower elevations within the Prado Dam basin. RVA was successful in obtaining approval of the Section 408 Permission, real estate approvals, and environmental process, including coordinating with the USACE as a license agreement is required from the USACE to borrow fill from lands within the Prado Dam basin. In addition, RVA prepared and obtained the project’s Section 401, 404, and 1600 regulatory permit applications. RVA prepared the Environmental Assessment and draft FONSI in the USACE format with very few comments from multiple reviewers.
Bending the River Back into the City, Los Angeles, CA. The Los Angeles “Bending the River Back into the City” project is located in the vicinity of the Spring Street bridge and North Broadway Bridge, within the Los Angeles River (LA River) channel, in the city of Los Angeles. 454
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RVA successfully completed the Environmental
Assessment (EA) and Initial Study/Mitigated Negative
Declaration (IS/MND) for the project. Also, RVA obtained agencies’ approvals required for Section 401, 404 and
1600 permits. RVA was successful in obtaining approval of Section 408 Permission. RVA biologists performed the
project’s pre -construction nesting bird surv eys, created and presented a Worker Education and Awareness
Program to all workers and staff present during
construction, and served as biological and compliance monitors during the project’s construction phase.
Metro Shoemaker Bridge Project, CA. Shoemaker Bridge, built in 1959, connects downtown Long Beach to Interstate 710 (I -710). The bridge project is an early action project of the I -710 Corridor Improvements Project, stretching 17
miles from Long Beach to Interstate 60 in East
Los Angeles. RVA is responsible for acquiring
all permitting and preparing CEQA/NEPA
documents necessary for analyzing the
proposed geotechnical analyses for the new
bridge alignment.
RVA is currently working with regulatory agencies to gain approval for Section 401, 404 and 1600 permits, and developing the NEPA document, technical studies to allow geotechnical boring samples to be taken and analyzed along the proposed new bridge alignment. RVA is the lead in coordinating with USACE to obtain the Section 408 Permission and encroachment permits, and the hydraulic analysis which will require 2-D and perhaps physical 3-D modeling. This area of the Los Angeles River is extremely sensitive to change s in water surface elevations and flood risks given the population density and infrastructure adjacent and downstream.
Glendale-Los Angeles Garden River Bridge, Los Angeles River, CA. The City of Glendale intends to build a bridge over the Los Angeles River (named the Garden River Bridge) that is meant to be a continuation of the parks on the Glendale and Los Angeles sides of the river. The project will be an extension of the Glendale Narrows Riverwalk Phase 2 bike path in the City of Glendale and the Los Angeles River Bike Path in the City of Los Angeles.
RVA is currently working with regulatory
agencies to gain approval for Section 401, 404
and 1600 permits, and developing the
CEQA/NEPA document , technical studies to
allow geotechnical boring samples to be taken
and analyzed for the construction of a new pedestrian bridge alignment. RVA is the lead in coordinating with USACE to obtain the Section 408 Permission. 455
Alamitos Bay, Long Beach
Prepared the 401 and 404 permits,
responded to California Coastal
Commission comments, obtained the City
of Long Beach Local Coastal Development
Permit, and prepared the mandatory Detailed
report required by U.S. Army Corps of Engineers (USACE).
Pre- and post- construction Eelgrass surveys were also
conducted.
Project 275-513 Ocean Outlet
Modification Project at Playa Del
Rey, Los Angeles
LACPW Beaches and Harbor Permit for
construction monitoring, obtained USACE
Section 10 Permit and RWQCB Permit-Notice of Discharges letter. SWMD proposed to install a tidal flap gate at the outlet, install a metal sand and wave energy protection barrier at the outlet, repair a couple concrete panels at the top of the reinforced concrete box, removal of fouling organisms inside the storm drain near the outlet and fence replacement.
Environmental Documentation, Regulatory Permitting Compliance, and Project Experience RVA understands the dynamic changes occurring within the Los Angeles Basin and vicinity requires a modern, proactive approach to addressing and resolving new complexities in Environmental and Regulatory Permitting Compliance. RVA offers a team of professionals with the knowledge, understanding, and integrity to meet the Environmental Documentation, Regulatory Permitting, Environmental Permit Compliance, Mitigation, Community Outreach and Public Relations services required to complete any Basin project. RVA will work closely together with the City of Chino in a collaborative, communicative, and multiple disciplinary integrated manner to produce a high quality deliver
able.
Earvin “Magic” Johnson Recreation Area
Master Plan, Los Angeles
Completed an EIR and negotiated approval of
the environmental permits, led Draft EIR public
meeting, conducted on-site community outreach
efforts, coordinated with the resource agencies, and
supported the L.A. County Department of Parks and
Recreation in obtaining the County Board Certification for this approximately 126 acre project.
Los Angeles Deep Draft Navigation Channel
Dredging
Development of the USACE EIS / EIRs and several
supplemental Environmental Assessments and
MNDs for deepening federal navigation channels to
accommodate the larger world fleet vessels. Coordination included multiple agencies such as USFWS, NOAA
Fisheries, EPA, Coast Guard, CCC, CDFG, RWQCB,
AQMD, Corps Regulatory, surrounding communities, Heal
the Bay, NRDC and other stakeholders.
Peck Water Conservation Basin Outlet
Modification Project, Arcadia
Development of IS/MND, technical studies, NEPA
Categorical Exclusion, regulatory permits
(404/401/1602) and USACE Section 408. The
proposed Project includes lowering
of the Spreading Basin’s outlet-works invert and
installing reinforced concrete pipe and reinforced
concrete box, followed by an open trapezoidal low-
flow channel that discharges the flows into the Rio
Hondo Channel.
Upper San Gabriel Valley MWD Indirect Reuse
Replenishment Project
Development of IS/MND, technical studies, NEPA Categorical Exclusion, regulatory permits (404/401/1602) and USACE
Section 408. The Indirect Reuse Replenishment Project (IRRP) is planned by the Upper San Gabriel Valley MWD to provide up to 10,000 acre-feet per year of recycled water from the San Jose Creek Water Reclamation Plant to replenish groundwater in the Main San Gabriel Basin.
Greater El Monte/North Hollywood Disadvantaged
Communities Stormwater Capture Study, El Monte
Under contract to USACE Los Angeles District,
developed a feasibility level
analysis for storm water capture within
a high-density area in the Los Angeles basin. The plan
included hydraulic analysis, historic flooding data,
environmental analysis, and public workshops.
RVA responsible for preparat ion of the
CEQA and NEPA documents, Section
404/401/1600 and USACE Section 408 permission
(permit). The project’s purpose and overall goal is to
physically divert water from the LA River to promote
water conservation and sustainability by providing a local source of water for beneficial use by public entities for irrigation.
Los Angeles County Drainage Area (LACDA)
Feasibility Study, EIS/EIR
Development of the USACE Feasibility Study, EIS
and EIR (two separate environmental documents).
Worked closely with USACE and LACPW team to
complete within a short, tight timeframe. The
project looked at the changes in the watershed due
to urbanization and the historic period of record.
Documents were successfully completed and
withstood public scrutiny and was certified by the
BOS enabling construction to start.
Shoemaker Bridge, Long Beach, CA (Metro)
RVA responsible for all permitting, technical studies, and CEQA/NEPA documents to allow geotechnical boring samples to be taken and analyzed along the proposed new bridge
alignment. This area of the Los Angeles River is extremely sensitive to changes in water surface elevations and flood risks given the population density and infrastructure adjacent and downstream.
Project 5241 - Reinforced Concrete Drain
Reconstruction Project at Dockweiler State
Beach, Los Angeles
Prepared a Marine Biological Assessment (MBA)
and Coastal Hazard Assessment (CHA) Report.
This included conduction of a beach shoreline survey,
open water habitat survey, and development of avoidance and minimization measures. Developed a coastal hazards
analyses, and identifed coastal risk and adaptation measures.
Coastal Harbors and Beach Communities Projects
Oversaw the approval of numerous coastal projects along central and southern California for 14 harbors and 20
coastal communities. The projects covered a wide range
including major depth draft navigation dredging, passes, breakwaters, groins, piers, docks, creation of artificial reefs, and wetlands restoration. Each project required the collaboration with multiple regulatory agencies and NGOs to resolve issues and acquire all permits and approvals. Obtained approximately 100 approvals from the California Coastal Commission for much needed community coastal projects through her negotiating skills.
Los Angeles River Invert
Access Ramp
Construction Willow Street
Prepared application packages for
the Clean Water Act Section 404 from
USACE, Clean Water Act Section 401
from Los Angeles RWQCB, and California
Fish and Game Code Section 1602
Streambed Alteration Agreement from the
California Department of Fish and Wildlife.
Los Angeles River Ecosystem
Restoration Feasibility Phase
Study, Los Angeles
Under contract to USACE Los
Angeles, developed a portion of
the feasibility phase study, including
plan formulation of alternatives, hydraulic
design analysis, GIS data analysis, and
EIR/EIS.
LA River/San Gabriel River Right-of-
Way Conveyance (MWD)
RVA will lead, facilitate or participate in
project coordination meetings with the
U.S. Army Corps of Engineers, Los
Angeles District (USACE) and LA County
Flood Control District (LACFCD) regarding
jurisdictional permits in crossing beneath
and laying pipe within either the Los
Angeles River or the San Gabriel River or
Los Angeles River.
Glendale - Los Angeles Garden
River Bridge Project, CA
RVA responsible for preparation of
the CEQA, NEPA, regulatory
permitting, and USACE Section 408
permit. The project is located in Glendale
adjacent to the LA River and near the LA
Zoo. The City Glendale intends to b uild a
bridge over the LA R iver meant to be a
continuation of t he parks on the Glendale and
Los Angeles sides of the River.
Whittier Narrows Dam Deviation Study
Prepared IS/MND, EA, and
regulatory permit compliance
for a project consisting of a 5-year
increase in the water conservation
pool elevation of the Whittier Narrows Dam for the purpose of increased water conservation operations.
Don Wallace Multi-Use Trail Connector,
Calabasas RVA responsible for preparation
of the CEQA, Section 404/401/1600 and
LACFCD and Caltrans approval. The project
is located along Las Virgenes Creek and
proposed 1,100-f
oot multi-use trail segment
that provides vital connections to a larger
network of regional trails, ultimately providing
continuous trails from the interior areas of Los
Angeles County and the Santa Monica
Mountains Conservancy (SMMC) to the
Pacific Ocean, in Malibu, CA.
Bending the River Back into the City: The
Los Angeles River Water Wheel, Los
Angeles
Past Performance
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LITIGATION AND CONTRACT HISTORY
Within the past three (3) years or within the history of the RVA company, including owners, principal, vice presidents, or any/all staff members have never been:
1. Convicted or indicted involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law;
2. Adjudicated or determined b y any federal, state, or local agency to have violated any provision of law relating to equal opportunity or fair employment; or
3. Terminated of a contract for convenience or for cause.
RVA certifies RVA has not been disciplined in the last three (3) years or within the history of the RVA company as a Consultant by any government body or professional association.
PROJECT TEAM & KEY PERSONNEL QUALIFICATIONS
SENIOR LEADERSHIP
Ms Ruth Villalobos , President has over 40 years of Southern California experience in the environmental, planning, and engineering arena. Ruth will serve as the Principal-in-Charge and provide Quality Control/Quality Assurance for all project services within the Consultant Services Agreement. As the President of RVA, Ruth has the ability to control resources and priorities for the firm. Her in-depth knowledge of and experience in all facets of CEQA, NEPA and regulatory permitting make her the ideal Quality Control/Quality Assurance leader. Ruth performed these roles for several thousand projects over the past four decades. Ruth is a trusted advisor to numerous public agency clients and is anxious to work for the City in these roles.
Ruth is nationally recognized as a leader in the environmental planning and regulatory permitting industry. Ruth has established an excellent track record in successfully leading projects for public agencies and water agencies throughout the Santa Ana River and Los Angeles River watersheds, as well as throughout the southwest United States. Ruth’s recognition, institutional knowledge, and relationships allow her the ability to work closely with multi-jurisdictional resource agencies and special interest groups, to build consensus and resolve issues, to assist in the advancement of flood control/risk management, water conservation, stormwater capture basins, levees/dams, waterworks and utilities, roads and bridges, culverts, wetlands, ecosystem restoration, water quality, maintenance, trails, gates and fencing, ADA compliance and multi-use recreation projects.
Prior to establishing RVA, Ruth worked for the USACE for 34 years, serving as the Chief, Planning Division; Chief, Environmental Resources Branch; and Chief, Recreation Section at the Los Angeles District. She was also the Acting Deputy District Engineer. While with USACE, Ms. Villalobos oversaw the development of congressional planning decision documents, including reconnaissance and feasibility studies with NEPA (EIS/EA) reports. Throughout her career she has prepared several thousand NEPA/CEQA documents and thousands of permits for public agencies.
Through her high recognition and credibility in the industry, she continues to gain recognition for 457
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her strategic thinking, thorough, high-quality of work, responsiveness and resolving issues in an effective/efficient manner.
Mr. Juan Villalobos, Vice President has over 30 years of experience in the environmental, water resources planning, environmental, permits, landscape architectural, and engineering arena. Prior to joining RVA, in 2016, Juan had 20 years of experience with the USACE, Los Angeles District, in both the Planning and Engineering Divisions and had 1 5 years of experience working for Engineering, Planning & Environmental Cons ultant firms. He has been responsible for leading multi-disciplinary technical teams through the planning, environmental and design processes that included the overall management and execution of projects for implementation. His career project experience includes project & program management, flood risk & stormwater management, water conservation, innovative stormwater capture, ecosystem restoration, CEQA/NEPA, recreation master planning, open-space, multi-use trail system, and community outreach. Juan has strong coordination and negotiating skills, and a strong commitment to advocate, as legally allowable, for the best interest of the project proponents.
Ms Sonya Hooker, Vice President, Director of Environmental Services has over 20 years of experience in the environmental, planning and regulatory permitting business. Sonya leads a multi-disciplined group of professionals united in the goal to provide responsive and high-quality client service. Under Sonya’s direction, the skilled team provides consulting services to public and private sector clients throughout Southern California. Sonya navigates complex and controversial projects through the environmental compliance processes with her in-depth understanding of the evolving regulatory environment on a local, state, and federal level. Her collaborative approach unites legal and scientific support resulting in legally defensible documents while responsibly managing project budgets and keeping clients abreast of project status and challenges through the approval process.
RVA brings over 125 combined years of specialized experience and qualifications in preparing/ approvals for regulatory permitting and environmental permit compliance, preparing CEQA/NEPA documents, as well as technical studies, Section 408 Permission, and other similar types of services indicated in the RFP’s Scope of Services. RVA commits to bringing value-added as advisors to the City, providing quality service and products, being responsive to inquiries, being efficient and effective on executing projects, providing active communication, facilitating or leading agency coordination, and striving to exceed project expectations for the duration of this contract.
RVA is prepared to commit its personnel and its resources to serving the City by offering our services in accordance with the RFP’s Scope of Services including relevant experience, professional certification, license, and/or registration, education, and past experience for each of the required categories. RVA offers a high-quality technical team of experts necessary to meet the regulatory permitting, including Section 408 Permission, requirements for the project. 458
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ORGANIZATIONAL CHART
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KEY TEAM MEMBERS
The table below identifies the RVA key team members for this contract. The information provided for each team member includes number of career years of experience, education, registration/licenses and relevant past experience.
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REFERENCES
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PLAN METHODOLOGY/PROJECT APPROACH
RVA is pleased to provide this proposal in response to the request from the City for regulatory permitting services related to the Pine Avenue Widening Project, also known as “Pine Avenue Stage 3.”
PROJECT UNDERSTANDING
The Project site is located within Pine Avenue between Meadowhouse Avenue and Rincon Meadows Avenue. The Project consists of storm drain improvements across Pine Avenue from the north and south side of Pine Avenue. An area of the Project is located within the USACE’s flowage easement area at and below the 566 NGVD 29 elevation which is the USACE’s Prado Dam reservoir inundation area. Any proposed grading activities for the project will require borrowing fill material from the Orange County Flood Control District’s (OCFCD) property, located with the Prado basin, to maintain the Prado Dam reservoir capacity.
RVA will utilize the City’s current plans to complete the proposed Technical Analysis reports (Task 2-4) and NEPA Environmental Assessment (Task 5-7) included in this scope of services to prepare application packages for the following permits:
• Clean Water Act Section 404 Nationwide Permit (NWP) from the USACE; • Clean Water Act Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Control Board (RWQCB);
• California Fish and Game Code Section 1602 Streambed Alteration Agreement (SAA) from the California Department of Fish and Wildlife, Inland Deserts Region (Region 6); • Section 408 Permission from the USACE.
PROPOSAL ASSUMPTIONS
The following assumptions are made in consideration of our proposal:
1. Access to the site will be provided to the RVA Team by the City prior to the initiation of any environmental work.
2. The regulatory agencies, including the USACE, will require a biological resources assessment and jurisdictional delineation for permission processing and issuance.
3. The Section 404 permit would likely be a Nationwide Permit from the USACE. Should the impacts be greater than anticipated, an Individual Permit would be required, and additional time and costs would be outside of this scope of work.
4. The scope and budget does not include USFWS Section 7 consultation.
5. If any compensatory mitigation is required, it is anticipated to consist of the purchase of off-site mitigation credits. No on-site mitigation is anticipated. 463
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6. The City will provide all engineering support, such as engineering drawings, studies and assistance with preparation of any required comprehensive project design descriptions (i.e., grading, hydrology, drainage, geotechnical, soils, etc.), required for permit processing.
7. The City will provide a detailed list of construction equipment anticipated to be used for the construction phasing and grading/excavation/paving quantities.
8. The Project is consistent with The Preserve Specific Plan Project pursuant to the California Environmental Quality Act (CEQA) and will not require additional CEQA approval.
9. Technical Studies for Traffic and Transportation and Noise are not included in this scope and would require additional scope and budget if the City determines these are necessary.
10. The Technical Studies and NEPA documentation efforts will commence with completion of a project description that has been reviewed and approved by the City. If the project description changes after the technical studies and/or the environmental documents have started, additional effort and associated budget may be required.
11. Official government to government Native American Consultation is not included in this scope of work.
12. The City will pay all fees to the agencies for permit processing and filing. RVA will identify the amounts required by the agencies.
13. No Caltrans approval is anticipated.
14. Modification within the USACE’s flowage easement lands, including work within portions of Pine Avenue rights-of-way will require a Section 408 permission from the USACE.
15. The City will need to coordinate with San Bernardino County Public Works (SBCPW) for developing a new or utilize an existing Section 214 agreement with the USACE to identify funding necessary for USACE staff to conduct project meetings, reviews and obtain approval for Section 408 permission.
16. Upon receipt of the 90% design package and approval of a Section 214 agreem ent, the scope estimates the completion/approval of the Section 408 permission in approximately 12 months.
17. This proposal is based on the level of effort anticipated to be needed based on experience on recent projects and with the current federal and state laws, policies, and requirements in place at the time of this proposal. If new laws or policies are enacted subsequent to the preparation of this proposal, additional effort and associated budget may be required.
SECTION 408 PERMISSION COMPLIANCE
RVA has successfully obtained approvals for over 70 Section 408 Permission from USACE to modify UASCE constructed projects within their rights-of-way. Projects have ranged from simple utility lines attached to bridges, utility poles/transformers within the right-of-way, to complex 96- 464
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inch storm drains with convergent flows from 2 tributaries with proposed new storm drains which required 1D and 2D modeling, to extensions of levees tying into the existing USACE levee.
Ruth Villalobos has over 34 years of experience working at all levels within the USACE Los Angeles District, and over 10 years in the private sector. Juan Villalobos has 20 years at USACE Los Angeles District and over 15 years in the private sector. USACE policies and procedures have dramatically changed in the Section 408 arena post Katrina findings, and particularly in the last few years. RVA worked closely with in San Bernardino County to facilitate approvals for numerous 408 permissions for cities and developers while simultaneously assisting USACE through their process.
Our working history at the USACE Los Angeles District and long-standing relationships with the USACE combined with our in-depth knowledge of the Section 408 Permission process help us to expedite projects. RVA has amassed “lessons learned” from each Section 408 Permission project allowing us to apply these lessons to our review of each submittal, thereby reducing the number of comments and submittals. Although key experienced USACE Section 408 employees have retired or left within the past few years, RVA continues to strengthen our relations with the new USACE (408) team, and we are in communication with the USACE District team on a weekly basis.
RVA maintains an excellent ongoing relationship with each USACE reviewer in the process and interact closely with them individually to find ways to accelerate reviews, schedule meetings and conference calls, conduct site visits, and gain expedited resolutions and/or approvals on technical issues. RVA has drafted and facilitated numerous 214 Agreements through the system to allow staff funding.
SCOPE OF WORK
The following tasks will be conducted as part of the above defined efforts:
Task 1 – Project Management/Administration and Meetings RVA will perform project management to include overall administration and conduct coordination and meetings to successfully execute the completion of the Project. The Project Manager (PM) will be responsible for management and supervision of the Project Team, as well as coordination with the City. The PM will coordinate with the technical staff, subconsultants, support staff and word processing toward the timely completion of the NEPA document, permits, and Section 408 Permission. A draft Project schedule will be prepared and provided to the City for review within 7 calendar days following NTP. The schedule will be monitored on a regular basis and reviewed/revised on an as-needed basis. Minutes to the kick -off meeting will be prepared and submitted to the City within 7 calendar days following the meeting.
The RVA PM will facilitate a kick-off meeting with the City and RVA team at the Project site which will occur prior to start of work to ensure RVA’s work can be most focused on the City’s compliance and need objectives.
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a. Deliverables:
• Project schedule
• Kick-off meeting minutes
Task 2 – Biological Resources Assessment and Jurisdictional Delineation Report RVA will conduct a literature/database review, field review, habitat assessment, jurisdictional delineation and report preparation. The literature/database review will include review of state and federal databases of sensitive species known to occur in the area. The field review will include a pedestrian survey by biologists of the entire project area, including a standard 200 -foot buffer area, for both common and sensitive wildlife and endemic plant species. A habitat assessment will be conducted for se nsitive and general plan communities, including wetland vegetation, as well as birds and aquatic species.
RVA will conduct a jurisdictional delineation evaluation within waters of the US (i.e., bank to bank).
The extent of disturbance to waters/wetlands and riparian vegetation will be identified. The field review will include photo documentation of upstream and downstream conditions of habitats, sensitive resources and jurisdictional boundaries using GPS. The field work will provide the data necessary to visually depict the limits of “waters of the US” and “waters of the State.” The report of findings will include project site baseline information, a description of the habitats found on site, regulatory requirements, and recommendations for avoidance, m inimization, impacts, and mitigation measures, where applicable.
Once the site visits are conducted and the project site baseline information is obtained, RVA team will prepare a Biological Resources Assessment/Jurisdictional Delineation Report that will discuss the habitat found on site, regulatory requirements, impacts, and make recommendations for avoidance and minimization measures, where applicable. Any biological consultation, negotiation, and recommendation will include the City and the regulatory agencies. For any jurisdictional areas, our findings will document existing conditions and jurisdictional resources and regulatory approvals that may be required for impacts to these resources.
The jurisdictional delineation will provide the technical inf ormation necessary to support CEQA/NEPA and the regulatory permit applications for project-related impacts to “waters of the United States” and “waters of the State”.
Mapping, using a GIS platform, will be prepared by RVA and utilized in analysis of acres of impacts to jurisdictional boundaries for waters of the U.S. and State and habitats on and adjacent to the site.
b. Deliverables:
• Biological Resources Assessment
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Task 3 – Cultural Resources Assessment Report
A records search for cultural resources (archaeological and historical) will be conducted through the South Central Coastal Information Center located at the California State University, Fullerton.
The objective of this archival research will be to establish the status and extent of previous surveys in the project area and to note what types of resources might be expected to occur within the Project boundaries. It will also provide information about surface or buried cultural resources that might be encountered.
A systematic pedestrian field survey of 100 percent of the accessible project will be conducted by field personnel trained to recognize cultural resources (prehistoric and historic archaeological, and historic architecture). The purpose of the field survey is to identify any previously unidentified resources and update site records for previously recorded cultural resources. The field crew will walk parallel transects 10-15 meters apart across the accessible project site. Any cultural resources that are identified would be recorded on the required Department of Park and Recreation (DPR) 523 forms.
RVA team will produce a cultural resources report that will be consistent with Section 106 of the National Historic Preservation Act (NHPA). The report will include a project description and location maps, as well as methods, results, and recommendations sections. Department of Park and Recreation (DPR) 523 forms will be attached to identify and evaluate a maximum of one historic-period property. A maximum of one round of comments is anticipated. a. Deliverables:
• Cultural Resources Assessment Report
Task 4 – Air Quality and Greenhouse Gas (GHG) Assessment The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Bas eline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. This will include a discussion on criteria pollutants and the ambient air quality standards. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the Project area. Federal, State, Regional, and Local air quality regulations will be discussed. A qualitative le tter report with air quality (AQ) and greenhouse gas (GHG) assumptions using construction equipment estimates will be prepared for construction impacts.
a. Deliverables:
• AQ/GHG Report
Task 5 – Administrative Draft Environmental Assessment
RVA will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment. RVA will prepare the Administrative Draft EA using USACE procedures and policies. The Administrative Draft EA will contain a description 467
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of the Project as it pertains to the Section 408 and 404 permits, the Project location, and a description of the environmental setting of the Project site. The document will include a brief explanation of the significance determination, based on information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations. This document will reflect site plans and any additional information gathered during background research. The Administrative Draft EA will be submitted to the City for a 30-day review. a. Deliverables:
• Administrative Draft EA
Task 6 – Prepare Public Review Environmental Assessment After receiving the USACE’s comments on the Administrative Draft EA, RVA will respond to one consolidated set of comments. Changes to the draft document will be completed in MS Word “track changes” to assist the USACE’s review. RVA will prepare a final version of the EA with all comments from the USACE incorporated into the document. The Public Review EA will be a “clean” version, and all track changes from the previous version will be accepted/removed. This version will be available to the public for review at the USACE’s discretion. a. Deliverables:
• Revised Administrative Draft EA (electronic copy)
• Public Review EA (electronic copy)
Task 7 – Prepare Responses to Comments to Public Review EA Upon conclusion of the public review period, RVA will prepare written responses to comme nt letters or emails submitted to the USACE. RVA has budgeted responses for up to 3 significant comments and any additional comments will require a scope modification. RVA will prepare thorough, reasoned, and appropriate responses to relevant environment al issues. Upon completion of these Responses to Comments they will be submitted to the USACE for review.
Responses to comments may require minor editorial revisions to the EA, however it is not anticipated that major revisions or new analysis would be r equired. It is not anticipated that excessive comment letters will be received and that responses will not require additional modeling or analysis. Upon USACE approval of the Project and certification of the EA, RVA will provide the final document to the City.
a. Deliverables:
• Draft Responses to Comments and Revised EA (electronic copy) • Final Responses to Comments and Revised EA (electronic copy) • Final EA document (electronic copy)
Task 8 – Section 404/401/1600 Permit Application Packages Preparation & Submittals RVA will prepare the submittal permit packages for Section 404 NWP, Section 401 Water Quality Certification Permit (RWQCB), and 1600 SAA (CDFW) that will include the Project description with 468
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construction timing and equipment, plans, the permanent and temporary impacts anticipated to jurisdictional features, and proposed avoidance, minimization and mitigation measures. The City will provide the engineering information to include types and numbers of equipment, construction methods, drawings/plans, staging and disposal areas, and start and completions dates.
RVA will prepare the draft applications and provide to the City for review. The City and RVA will jointly discuss any changes to the applications via a conference call to expedit e finalization and submittal to the agencies. RVA will submit the application packages to the City for signature prior to submittal to the regulatory agencies. RVA will identify the application fees (amount and to whom checks are made payable to) that wi ll need to be provided by the City to include in the application package submittals.
a. Deliverables:
• Section 404, 401, 1600 permit applications
Task 9 – 404/401/1600 Permit Application Processing
RVA will conduct and facilitate coordination with the resourc e agencies during the permit application process. RVA will communicate on a regular basis with the agency’s point of contact and provide an update status to the City via email. This communication and coordination tasks include continuous follow ups with each of the agencies to confirm receipt and assignment to an agency project manager, for status of review of the application packages, and to identify and respond to any questions or additional information requests. Coordination also includes attendance at meetings with the City and with regulatory agency staff at the respective agency’s offices in Los Angeles, Riverside, and Ontario, as well as at the Project site, if requested.
RVA will request a draft of the permits prior to the final issuance in an effort to allow the City and RVA to review and provide comments and requested changes. If comments/revisions are required, then RVA will coordinate with the City and applicable agencies to resolve issues and obtain agreement from all parties. It is anticipated this task could include the potential need to assist the USACE in the development of a draft Section 7 Consultation letter to the US Fish and Wildlife Service and/or letters to the appropriate tribes and the State Historic Preservation Officer (SHPO) for NHPA Section 106 compliance consistent with USACE requirements.
It is challenging to adequately estimate the amount of time and effort required to coordinate with the multiple agencies, address their comments and obtain permit approvals. This is typically due to, but not limited to: changes in federal or state regulati ons, new federal and state case law, implementation of new policies and procedures at one or more of the agencies and turn over in agency project manager assigned to process the permits. Should additional task effort be required RVA will notify the City as soon as possible and request a modification to the scope. RVA will not conduct additional effort beyond the agreed fee for this task without authorization from the City.
a. Deliverables:
• Approved Section 404, 401, 1600 permits
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Task 10 – USACE Section 408 Permission Application Package Preparation & Submittal RVA will prepare an Administrative Draft 408 Perm ission package submittal to the USACE. RVA will prepare the Administrative Draft 408 Permission package using the USACE’s most recent 408 Permission submittal checklist and guidance. During the Section 214 agreement process, RVA will assist the City in facilitating any meetings with the USACE and SBCPW to ensure there are no major issues with the design being planned. The Administrative Draft 408 Permission package will contain a description of the proposed change to the USACE facility, the project location, and all required engineering plans, studies and calculations for the proposed change to a USACE facility. This package will also contain construction plans, environmental documentation, technical studies prepared for the 408 Perm ission, and any additional information gathered during background research. The Administrative Draft 408 Permission package will be submitted to the USACE review and comments. RVA will facilitate the responses to comments and revisions to the plans. Assume 2 rounds of comments and revisions to finalize the 408 Permission package and submittal to the USACE. The completion of this task requires the receipt of the City’s engineering plans & calculations (90% level). RVA has successfully obtained approval for over 70 permits. a. Deliverables:
• Administrative Draft 408 Permit package sent via the USACE’s online file transfer service and/or email
• Administrative Draft 408 Permit package sent via email and/or online file transfer service to the City
Task 11 – USACE Section 408 Permission Processing
RVA will be responsible for management and supervision of the 408 Permission progression after submittal to the USACE, as well as coordination with agencies that have discretion with the 408 Permission (such as the Regional Water Quality Control Board, U.S. Fish and Wildlife, California Department of Fish and Wildlife, California State Historic Preservation Office, etc.). On behalf of the City, RVA will conduct and facilitate coordination with the USACE during the permit application process. RVA will communicate on a regular basis with the USACE’s point of contact and provide an updated status to the City via emails. The communication and coordination tasks include the necessary ‘follow ups’ with each of the agencies to confirm receipt and assignment to an agency project manager, for status of review of the application packages, and to identify and respond to any questions or additional information requests. Coordination also includes attendance at meetings with the City.
RVA will facilitate and manage version control with comment rounds with the USACE and response to comments with the City and their 408 Permission team for a total of two (2) comment rounds.
RVA will prepare draft letters, internal me moranda, and documents for the USACE to expedite processing the various elements of the 408 Permission.
a. Deliverables:
• Section 408 Permission
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SCHEDULING OF WORK
RVA has a history of successful schedule and budget compliance, which is a direct result of the attention paid to project planning and scheduling. We use Microsoft Project to monitor schedule performance. The project schedule is developed at the project st age, reviewed at all project meetings, and updated regularly throughout the life of the project. Our team can meet the demands of accelerated project schedule through the use of Critical Path Method scheduling. This method is central to our approach in scheduling all planning processes.
Prior to initiating our efforts, a thorough understanding of the City project objectives is essential in order to achieve successful documentation and timely approval for your projects. RVA will work closely with the City to identify specific goals, objectives, and critical issues. This initial project scoping and understanding is very important.
Recognizing the need for City to effectively schedule project oversight reviews, RVA understands the importance of a project schedule as a key communication tool in the management of a project.
The detailed project schedule will include several key aspects that maximize effectiveness:
✓ Information must be easily communicated and understood. ✓ Collaboration between all appropriate subject matter experts of the project team. ✓ Inter-relationship of tasks are identified, including internal QA/QC and agency review periods.
✓ Data must be simple to use and update.
Specific critical path items or key critical decisions that affect plan development will be identified on a continual basis to ensure the project schedule is met. RVA will promptly notify City of any changes in the anticipated project progress.
AVAILABILITY AND CAPABILITY COMMITMENT
RVA has an estimated 60 -70% current workload p rogram with the capacity of resources to mobilize the right team members for completion of the Scope of Services. Staff availability and responsiveness are critical elements to consider when managing and delivering work on a complex project with a tight schedule. RVA has a dedicated Team for this project, and we have ensured, through looking at forecasts, that we can fully support the City over the lifespan of the project. RVA’s Principal-in-Charge, Ruth Villalobos, is personally committed to meeting all City contract needs and will authorize any team member reallocations, including augmenting project personnel as needed to respond to project modifications. 471
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FEE PROPOSAL
Fee proposal submitted as a separate PDF file (Cost File). 472
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CONFLICT OF INTEREST STATEMENT/
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS/
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
473
01225.0001/863604.2 B -1
EXHIBIT “B”
S
PECIAL REQUIREMENTS
(Su perseding Contract Boilerplate)
No Special Requirements.
474
01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services p rovided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. T he City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. T he total comp ensation for the Serv ices shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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9/26/2023
Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ Hours $
TASK DESCRIPTION
1 Project Management/Administration 36 $8,352 72 $13,752 16 $2,784 $0 12 $1,812 $0 26 $2,470 162 $29,170 2 Biological Resources Assessment and
Jurisdictional Delineation 1 $232 2 $382 $0 $0 12 $1,812 22 $3,010 $0 37 $5,436 3 Cultural Resourcess Assessment Letter Report 1 $232 2 $382 6 $1,044 18 $2,973 $0 $0 $0 27 $4,631 4 Air Quality and Green Gas Assessment 1 $232 2 $382 6 $1,044 14 $2,268 $0 $0 $0 23 $3,926 5 Administrative Draft EA 1 $232 8 $1,528 32 $5,568 185 $30,002 $0 $0 $0 226 $37,330 6 Prepare Responses to Comments EA 1 $232 1 $191 3 $539 12 $1,944 $0 $0 $0 17 $2,906 7 Prepare Responses to Comments Public Review
EA 1 $232 1 $191 7 $1,201 $0 $0 $0 $0 9 $1,624
8 404/401/1600 Permit Application Packages 1 $232 6 $1,146 $0 $0 20 $3,043 167 $23,310 $0 194 $27,731 9 404/401/1600 Permit Application Processing 1 $232 4 $764 $0 $0 128 $19,328 38 $5,320 $0 171 $25,644 10 Section 408 Permission Application Package 24 $5,568 84 $16,092 $0 $0 $0 $0 $0 108 $21,660 11 Section 408 Permission Processing 16 $3,712 126 $24,028 $0 $0 $0 $0 $0 142 $27,740 $187,797
Project Manager/
Section 408 Biologist
TOTAL
$151
TASKS
$174 $95
Administrative
AssistantSenior Biologist
$191 $162
Senior NEPA
Planner NEPA Planner
City of Chino Regulatory Permitting Services RFP 2023-8006 Pine Avenue Widening/Stage 3 Project
Principal in
Charge/QAQC
$232
TOTAL
$140
EXHIBIT C-1
476
01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely per direction from the Project Manager.
II. The Project M anager may approve extensions for performance of the s ervices in accordance with Section 3.2.
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MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Approve the award of contract, purchase order, and appropriation for Roof Restoration Project NC242 and IB249.
..end
RECOMMENDATION
..recommendation
1) Establish a non -capital project number for tracking purposes for the City Hall South Roof Restoration project NC242; 2) appropriate $181,370.04 to the Building Management Fund with a year -end transfer from the General F und reserves for the new project NC242; 3) award a construction contract in the amount of $149,590 to R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA for the City Hall South (NC242) Roof Restoration project and the 7th Street Theater (IB249) Roof Repl acement project; 4) authorize expenditures of up to $22,438.50 for construction project contingencies, for a not -to-exceed potential contract amount of $172,028.50; 5) approve a purchase order in the amount of $87,199.04 to The Garland Company, Inc., Cleveland, OH for the purchase of roofing materials for the City Hall South Roof Restoration Project; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023-24 Budget for the 7 th Street Theater Roof Replacement project IB249.
The City Hall South Roof Restoration project requires an appropriation of $181,370.04 from the Building Management Fund with a corresponding year -end transfer from the G eneral Fund reserves. There is sufficient General Fund reserves for the year end transfer.
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
Financial Stability
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships
478
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE THE AWARD OF CONTRACT, PURCHASE ORDER, AND APPROPRIATION FOR ROOF RESTORATION PROJECT NC242 AND IB249.
PAGE: 2
Revenue:
Expenditure: 65083101-43585-IB249,
6508310-43585-NC242
Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE THE AWARD OF CONTRACT, PURCHASE ORDER, AND APPROPRIATION FOR ROOF RESTORATION PROJECT NC242 AND IB249.
PAGE: 3
BACKGROUND
7th Street Theater
The Fiscal Year 2023 -24 Building Management Fund Budget (IB249) provides funding for the 7th Street Theater Roof Replacement project. The 7 th Street Theater’s existing roof system is failing and at the end of its lifecycle. Over the past several years, there has been an increase in roof leaks and an inspection by the City’s roofing consultant d etermined the roof needs replacement.
The scope of work for the 7 th Street Theater Roof Replacement project includes the demolition and removal of the existing roof layers down to the substrate level, installing insulation board material, application of rolled roofing layers, application of a top layer (mineral torch -cap sheet), and recoating the entire roof with a reflective acrylic coating.
City Hall South (formerly known as Old PD)
Staff is seeking approval for the appropriation of $181,370.04 for the C ity Hall South Roof Restoration project (NC242). In August of 2023, Community Services, Parks & Recreation administration staff relocated from City Hall to the City Hall South building. This decision was made to provide additional office spaces needed to accommodate the increase of new staff positions for the Administration, Human Resources, and Finance Departments.
The City Hall South building has been occupied by limited staff for the past ten years and minimal improvements have been made. The roof ha s needed repair for quite some time and has been postponed due to the non-occupancy of offices. With the relocation of the Community Services, Parks & Recreation administration staff, those vacant offices are now being utilized and the roof leaks need to be addressed.
The scope of work for the City Hall South Roof Restoration project includes pressure washing of the existing roof, repair of drains indicated during job walk, and repair of any damaged or failed sections of existing cap sheet or mastic (to be replaced with Stressply IV Mineral Torch cap sheet or membrane). Additional work to include removal of de -activated antenna equipment indicated during job walk and application of a water-proofing liquid membrane.
ISSUES/ANALYSIS
To optimize financial resources for the purchase of the materials, staff elected to use the provision of the City’s Purchasing Ordinance allowing the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. This process h as been utilized previously to purchase a variety of products, including playground equipment, sports field lights, and a prefabricated concrete restroom building and shade shelter.
The roofing material is being purchased from The Garland Company, Inc. through a cooperative agreement, OMNIA Partners, Contract No. PW1925, at the cooperative purchasing price. The City Attorney’s office has reviewed all documents relevant to the OMNIA Partners bid solicitation for The Garland Company, Inc. and found the doc uments to be in order. To obtain the best pricing for the projects, staff elected to purchase the materials directly from the roofing manufacturer, eliminating any contractor mark -up costs, thereby, reducing the overall project cost.
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CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: APPROVE THE AWARD OF CONTRACT, PURCHASE ORDER, AND APPROPRIATION FOR ROOF RESTORATION PROJECT NC242 AND IB249.
PAGE: 4
Staff prepared plans and specifications for the construction portion of the City Hall South Roof Restoration project (NC242) and the 7 th Street Theater Roof Replacement project (IB249), and a Notice Inviting Bids was published in the Chino Champion Newspaper and on PlanetBids. On October 5, 2023, six (6) bids were accepted electronically with the following results:
The lowest bid was submitted by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA in the amount of $149,590. Staff subsequently reviewed R&R Roofing & Waterproofing, Inc.’s contractor’s licenses, bonds, references, and list of sub -contractors submitted for the project and determined them to be a responsive and responsible bidder. In addition to the contract amount, staff is requesting authorization to spend up to $22,438.50 for project contingencies for unanticipated work, bringing the potential total construction cost to $172,028.50.
Staff is requesting an award of a construction contract in the amount of $149,590 to R&R Roofing & Waterpr oofing, Inc., Lake Elsinore, CA for the City Hall South (NC242) Roof Restoration project and 7 th Street Theater (IB249) Roof Replacement project; authorization of expenditures of up to $22,438.50 for construction project contingencies, for a not -to-exceed potential contract amount of $172,082.50; approval of a purchase order in the amount of $87,199.04 to The Garland Company, Inc., Cleveland, OH for the purchase of roofing materials for the City Hall South (formerly known as Old PD) Roof Restoration project ; and an appropriation in the amount of $181,370.04 to the Building Management Fund with a year -end transfer from the General Fund reserves for the City Hall South (NC242) roof restoration construction and materials.
City Hall South (formerly known as Old PD) Project Cost Summary NC242
City Hall South Bid Price $77,540.00
Materials $87,199.04
Construction Contingencies $11,631.00
Miscellaneous Fees $5,000.00
Total Appropriation Amount $181,370.04
Attachments: R&R Roofing & Waterproofing, Inc. – Agreement The Garland Company Cooperative Agreement for Roof Material
Company Name Total Bid Amount
1 R&R Roofing & Waterproofing, Inc. $ 149,590
2 Chapman Coast Roof $ 183,580
3 Commercial Roofing Systems, Inc. $ 221,902
4 Best Contracting Services, Inc. $ 273,824
5 Danny Letner, Inc. $ 276,000
6 Rite-Way Roof Corporation $ 279,894
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Contract No.:
Approved:
AGREEMENT
“CITY HALL SOUTH AND 7TH STREET THEATER ROOF PROJECTS”
THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and R&R Roofing & Waterproofing, Inc., hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “CITY HALL SOUTH AND 7TH STREET THEATER ROOF PROJECTS” 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 a ny 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 One Hundred Forty-Nine Thousand Five Hundred Ninety Dollars and No Cents ($149,590.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assi gnees, 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 sixty (60) 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 482
Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision rel ating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.
Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which 483
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.
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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, Parks
& Recreation Department
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
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