01225.0006/367559.3 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
KAYKEL INVESTMENT PROPERTIES, INC.
01225.0006/367559.3
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
KAYKEL INVESTMENT PROPERTIES, INC.
Agreement Date: November 21, 2023
Developer Name: Kaykel Investment Properties, Inc
Project Description: On October 21, 2019, the City’s Planning Commission conditionally approved Site Approval PL18 -0047 for the construction of a 3,200 -square foot convenience store, 1,600-square foot attached quick service restaurant, 3,000-square foot gas station, and a 1,563-square foot detached express car wash on a 1.53 -acre site (“Project”). The Project is located on the northeast corner of Central and El Prado Avenues in th e Cit y’s Commercial Office zoning district.
Project No.: PL18-0047
Estimated Total Cost of Improvements: $746,700.00
Security:
Bond No.: ____________________
Surety: ___________________
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Designees for the Service of Written Notice:
CITY: DEVELOPER
Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Ron Reger
[email protected]
714-231-5922
Kaykel Investment Properties
Fueling Convenience
4350 Green River Rd
Corona, CA 92878
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/367559.3
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Approval
1.3 Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection
1.12 Compliance With Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Developer’s Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Developer’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
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5. Cost of Construction and Provision of Inspection Service
5.1 Developer Responsible for All Related Costs of Construction
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Developer
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Developer’s Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Developer is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREE MENT (this “Agreement”) is en tered into this 21st day of November, 2023, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and KAYKEL INVESTMENT PROPERTIES, INC. (“DEVELOPER”).
RECITALS
A. Developer is the owner of certain rea l p roperty located in the Ci ty o f Chino, County of San Bernardino , State of California (the “Property”), as described on Exhibit “A”, which Developer proposes to develop and construct certain work s of improvement thereon, as hereafter set forth.
B. Developer has applied for and rec eived conditional approval from the City to construct a 3,200 -square foot convenience store, 1,600-square foot attached quick service restaurant, 3,000-square foot gas station, and a 1,563 -square foot detached express car wash on a 1.53-acre site (the “Project”).
C. The City desires to assure that said improvements proposed for the Project w ill be construct ed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions, and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration o f City ’s site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement . Developer agrees, at its so le c ost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construc tion cost for the Works of Improvement is $746,700.00.
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 01225.0006/367559.3
2 Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed i n a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of wo rk required for Developer’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its con tractor shall im mediately not ify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by th e C ity Engineer. The Plans s hall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer ’s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments . Before final approval of street improvements, Developer shall place survey monuments in accordance with the provisions of the State Subdivision Map Act, the Subdivision Ordinance of the C ity of Chino, and any other applicable law . Developer shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Developer shall furnish the City Engineer written notice of the setting of s aid monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work . Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transporta tion, and incide ntals required to perform Developer’s obligations under this Agreement.
1.6. Changes in the Work . The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Pa ragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agre ement and to pro tect the public health, safety, or welfare. The City Engineer shall notify Developer or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed o r p roposed by Developer or it s co ntractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.
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3 1.7. Defective Work . Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City . The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its co nsultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer . In addi tion to the auth ority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questi ons as to the sa tisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.
1.10. Documents Available at the Site . Developer shall cause its contractor to keep a copy of all approved Plans at the job site and shall giv e access thereto to the City’s inspectors and engineers at all times.
1.11. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design en gineer, and Developer’s contr actor(s) regarding the Works of Improvement.
Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent o f th is Agreement, including the Plans. If the City inspector requests it, the Developer’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be co nsidered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relie ve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federa l, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances. 01225.0006/367559.3
4 1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer’s contractor to c omply with la w pu rsuant to Section
1.12. In case of suspension of work for any cause what soever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary , and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. T he C ity Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding proper ties. Plans sha ll include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, tra sh, and refus e, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement . After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final inspe ction of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has com pleted these items, the procedure shall then be the same as specified above for the Developer’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance a fter two (2) “final” inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re -inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certifi cation of comple tion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on whic h the Works of I mprovement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Developer’s Obligatio n t o Warn Public During Const ruction. Until recordat ion of the Notice of Acceptance , Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to 01225.0006/367559.3
5 protect the publ ic from such dan gerous condit ion. Until re cordation of the Notice of Acceptance, Developer shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Developer assumes responsibility for the care a nd maintenance of, and any da mage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged f or any reason, r egardless whe ther resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. An y repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Developer shall (i) commence with construc tion and install ation of the Works of Improvement thirty (30) days following City ’s approval of the Plans ( “Commencement Date ”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the C ity Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new secu rity guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the im provements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as requir ed to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer’s failure to satisfy such phasi ng requirements, as the same now exist or may be amended from time to time, Developer acknowledges City ’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of buildi ng permits, Developer shall p rovide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspection s or issuance of Certificates of 01225.0006/367559.3
6 Occupancy may be withheld from the Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property hav e not been co mpleted to the City Engineer ’s satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (in cluding City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Developer or its contractor detailing the grounds for Developer’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension o f time for co mmencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Developer shall cause su ch work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation , and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 t o 1740, 1770 to 1 780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements w ith contractors a nd subcontra ctors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agent s, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical dis ability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, o r military and veteran status . Developer shall expressly require compliance with the provisions o f this Section in all agreeme nts with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid Califor nia Contractors’ licenses for the type of work being performed. All of Developer’s contractors and subcontractors shall 01225.0006/367559.3
7 obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker’s Compensation . Developer shall caus e every cont ractor and subcontractor performing any of the Works of Improvement to carry Workers ’ Compensation Insurance as required by the La bor Code of the State of California and shall cause each such contractor and subcontractor to sub mit to City a Cer tificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the following b onds, letters of credit, inst ruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and sat isfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $746,700.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security In strument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $373,300.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council ’s accept ance of the Works of Improvem ent and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a pe riod of one (1) year following said acceptanc e (“Maintenance and Warranty Security Instrument ”), in the amount of $74,700.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments . All Security I nstruments shall be in the amounts required under Se ction 4.1 (a) or 4.1(b), as a pplicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved b y the City Attorney:
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8 (a) Bonds. F or Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Be st’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Secur ity Instruments which are letters of credit, any letter of credit shall be an ori ginal separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial instituti on with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to dr aw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of cred it not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Secu rity Instruments which are Instruments of Credit, any Instrument o f Credit shall be an assignme nt of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained ) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall hav e a minimum term of one (1) year after the deadline for Developer’s completing the Works of Improvement, in accordance with Sectio n 2.1 (other than Instruments o f Credit, whic h shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provide d by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Ag reement. Upon the City 01225.0006/367559.3
9 Engineer’s acceptance of a replacement security, the former security shall be released by the City.
4.3. Developer’s Liability. While no acti on of Developer shall be required in order for City to realize on its security under any Securi ty Instrument, Developer agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take n o action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter o f credit if a replacement letter of credit (expiring in not le ss than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter o f credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, i n its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold suc h funds in an account under t he control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply s uch funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 1 9.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Perfo rmance Security Instrument and La bor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and pr ovided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
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10 (iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (c ommencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any se curity released, an amount suffic ient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction . Developer shall be responsible for payment of all c osts incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement fr om City for any of the Works o f Improvement , such reimbursement shall be subject to a separ ate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Insp ection and Engineering Service s.
Developer shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compen sate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspections or a final inspection and accept ance of any o f the Works of Improvement until all City fees a nd charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fe es. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Mu nicipal Code Chapter 3.40 and Cha pter
3.45, as applicable.
6. Acceptance of Offers of Dedication . The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedic ation shown o n the approvals for the Project, with acceptance to become effective upon complet ion and acceptance by City of the Works of Improvement.
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11 7. Warranty of Work . Developer shall guarantee all Works of Improvement again st defective materials and wor kmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or b ackfill occur s, or should any portion of the Works of Improve ment fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such defects, or within such shorter time as may reas onably be determined by the Ci ty in the eve nt of emergency, shall commence to repair or rep lace the same together with any o ther work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/or workmanship or m ake replacements or repairs wi thin the peri od of time set forth above, City may make such r epairs and replacements and the a ctual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall n ot be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence construction of Wo rks of Improvement under this Agreement;
(b) Developer’s failure to timely complete constructio n of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, a ppointment of a receiver, or the filing of any petition in ba nkruptcy, either voluntary or inv oluntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s obligations under this Agreement. T he City shall have the right, subject to this Section, to draw upon or use the ap propriate security to mitigate the City’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Developer’s default sha ll be measured by the cost of completing the required improvements. The City may use the su ms provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the 01225.0006/367559.3
12 City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such pe rformance by the City. The Cit y may take ov er the work and complete the Works of Improvemen t, by contract or by any other me thod City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a defau lt by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discre tion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other ad ministrative, legal, or equitable remedy to which it m ay by entitled.
8.4. Attorney’s Fees and C osts. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs a nd expenses incurred by City in securing performance of such obligations, including costs of s uit and reasonable attorney’s fees. I n the event of any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to a ny other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney ’s fees and costs shall be e ntitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the l itigation. All such fees and costs shall be deemed to have accrued on commencement of the a ction and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any brea ch or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.
9. Indemnity/Hold Harmless . City or any officer, employee or agent thereo f shall not b e liable for any injury to persons or property occasioned by reason of the acts o r omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreem ent, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the member s thereof, agents and emplo yees, including all claims, demands, causes of action, liability or loss because of or aris ing out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold h armless shall extend to injuries to pers ons and damages or taking of property resulting from t he design or construction of said Project, and the public improvements as provided herein, and in addition, 01225.0006/367559.3
13 to adjacent property owners as a consequence of the di version of waters from the design and construction of public drainage systems, streets and oth er improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibi lity for any damage or taking covered by this Section.
City shall not be responsible for the d esign or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction tak en by the City in approving the plans or map, unless the particular improvement d esign was specifically required by Ci ty over written objection by Developer submitted to the City Engineer before approval of the particular improvement design, w hich objectio n indicated that the partic ular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance , the Developer shall remain obligated to eliminate any latent d efect in desi gn or dangerous condition c aused by the design or construction defect for a perio d of o ne (1) year ; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be l iable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction . The improvement security shall not be required to cover the provisions of this Paragraph.
Developer shall reimburse the City for all cost s and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other profess ionals, and c ourt costs, incurred by City in enforcing this Section.
10. Developer’s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, a nd employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an a pproval of the City, advisory agency, appeal b oard, or legislative body concerning the Project. The City sha ll promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City f ails to cooperate in the defense, the Developer shall not thereafte r be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City be ars its own attorney ’s fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer’s sole cost an d expense and for the full term of this Agreement and any extension s thereto, shall obtain and maintain all of the following minimum insurance requi rements in a fo rm approved by the City’s autho rized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million c ombined single limit for bodily injury and property damage providing all of the f ollowing minimum coverage without deductibles:
01225.0006/367559.3
14 (i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million c ombined single limit for bodily injury and pro perty damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, o wned, hired, or non - owned vehicles used in pursuit of any of the activities assoc iated with this Agreement; and
(ii) Any and all mo bile equipment including cranes which are not covered under th e above Commercial Business Auto policy shall have sai d coverage pr ovided under the Commercial General Liability policy.
(c) Workers Compensation and E mployers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of t he provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or t o undertake self - insurance in accordance with the provisions o f that Code, and I will comply with such provisions be fore commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are requ ired to be made a part of each of the above-required policies as stipulated below:
01225.0006/367559.3
15 (i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any oth er valid and collectible insurance the City ma y possess, including any self - insured retention the City may have and any other insurance the City does possess sha ll be conside red excess insurance only.”
(iii) “This insurance shall act for each insured and addit ional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of can cellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the ev ent of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers ’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be adm itted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Co pies of all required endorsements shall be attached to the Certific ate of Insurance which shall be provided by the Developer’s insurance company as evidence of the coverage required herein and s hall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the ac ceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicat ed nor Developer are in violation of any environmental law, and neither the prope rty to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by an y federal, 01225.0006/367559.3
16 state or local governmental authority under or in connec tion with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, u nder, or abou t the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of p osing a risk of injury to health, safety or property, including all those materials and substa nces designated as hazardous or toxic by any f ederal, state or local law, ordinance, rule, regulation or pol icy, including but not limited to, all of those materi als and subst ances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not cau sed or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of a ny hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior an d present use of the property to be dedicated has not resulted in the release of any hazardous substance on the prop erty to be dedicated.
12.2. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or t hreatened by any third party against City or the property to b e dedicated relating to any loss or injury resulting f rom any hazardous substance; and
(d) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the p roperty to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferabi lity or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns . This Agreement shal l be binding upon all successors and assigns to Developer’s right, title, and interest in and to the Property and any portion 01225.0006/367559.3
17 thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee t itle interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City ’s approval of this Agre ement. In the event the Property is subsequen tly conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended t o assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant t o Section 4 o f this Agreement, and furnished by Developer as a condition of the City ’s approval of this Agreement, shall remain Developer’s responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assi gnment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfe r of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the right s and obligations associated with this Agreement upon the Replaceme nt Developer, including Replacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such t ime as a Transfer Agreement, meeting the City ’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City ’s approval are furnished by th e Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pur suant to Section 4 of this Agreement.
13.2. No Third Party Beneficiaries . This Agreement is intend ed to benefit only the parties hereto and thei r respective successors and assigns. Neither City nor Developer intend to create any third party beneficiary rights in this Agree ment in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to v est Developer’s rights with respect to any change in a ny zoning or building law or ordinance.
13.4. Developer is Not Agent of City. Neither Developer nor Developer’s agents, contractors, or subcontrac tors are agents or contractors of the City in connection with the performance of Developer’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer’s performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices req uired or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on th e date is delivered in person, or, if mailed, on the date of d eposit in the United States Mail.
Notice shall be prov ided to the p ersons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated rep resentative and/or address by written notice as provided in this Section.
01225.0006/367559.3
18 13.7. No Apportionment. Nothing contained in thi s Agreement s hall preclude City from expending monies pursuant to agreements concurrently or p reviously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other i mprovements p ursuant to the provisions of the City ordinances providing therefore. Nor shall a nything in the Agreement commit City to any su ch apportionment.
13.8. Severability. I f any portion of this Agreeme nt is held invalid by a court of competent jurisdictio n, the remain der of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previou s agreements between the parties with respect to all o r part of the subject matter hereof, except as may be expressly provided herein. All waivers o f the provisions of this Agreement must be in writing and signed by an authorized representative of the part y to be charged, and all amendments hereto must be in writing and s igned by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterpa rts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreemen t, such party is formally bound to the provisions of t his Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/367559.3 A-1
EXHIBIT “A”
[attached]
Exhibit A
01225.0006/367559.3 B-1
EXHIBIT “B”
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility struct ures as ne cessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance wit h City Standards.
G. Underground installation of all electrical, telep hone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right -of-way wi thin said development or on the boundary streets thereof.
J. Installation of concret e curbs, gutters, sidewalks, cross gutters, dr iveways and intersections as shown on approved construction pl ans and in accordance with City Standards.
K. Installation of asphalt concrete o r Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
N. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all materials ne cessary, in t he opinion of the Director of Development Service s or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Eng ineer which, in his opinion, are necessary or required to complete this work.
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00 $ - $
50 CY Concrete Removal 325.00 $ 16,250.00$
340 CY AC Pavement Removal 100.00 $ 34,000.00$ CY Im ported Common Fill (Incl. Compaction) 34.00$ - $ 10825 SF Pre paration of Subgrade, Sidewalk and Paving 1.00$ 10,825.00$ 1030 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00 $ 26,780.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00 $ - $ 3570 LF PCC Curb Onl y 20.00$ 71,400.00$
LF 8" A.C. Berm 20.00 $ - $
SF 8" PCC Cross Gutter on 6" AB 16.00 $ - $ 3100 SF 4" PCC Sidewalk 5.80 $ 17,980.00$ SF 6" PCC Thick Drive A pproach on 6" AB 12.50 $ - $ 1250 SF 8" PCC Thick Drive A pproach on 6" AB 15.00 $ 18,750.00$ LF 2" x 6" Redwood Header 7.50 $ - $
2 EA Street Si gn and Post 475.00 $ 950.00 $ 6 EA Traffic Si gn and Post 400.00 $ 2,400.00$ EA Reflector Si gn and Post 175.00 $ - $
EA Painted Le gend 6.50 $ - $
SF Prime or Tack Coat 0.08 $ - $
370 TON AC Variable - <300T 130.00 $ 48,100.00$ TON AC Variable - >300T 120.00 $ - $
270 TON CAB Variable - <300T 100.00 $ 27,000.00$ TON CAB Variable - >300T 90.00 $ - $
EngCostEstimate Page 1 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00 $ - $ EA Adjust Sewer Cleanout to Grade 500.00 $ - $ EA Adjust Water Valve and Can to Grade 525.00 $ - $ 3 EA Street Li ght (City Owner) 7,700.00$ 23,100.00 $ EA Electrical Pedestal 6,500.00 $ - $
EA Lot Monument Settin g Fee 550.00 $ - $
1000 LF Sawcut A.C. 3.00 $ 3,000.00$
LF Sawcut Concrete 3.00 $ - $
12000 SF Cold Plane A.C. 2" Thick 0.28 $ 3,360.00$ LF Si gning & Striping for
1500 Arterial 19.00 $ 28,500.00$
Collector 13.00 $ - $
Local 7.00 $ - $
EA Traffic Si gnal (8 - Phase Controller) 350,000.00$ - $ 1 EA Modif y existing Traffic Signal per Quadrant 75,000.00 $ 75,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ - $
EA Utilit y Poles
Transmission 11,500.00 $ - $
Distribution 8,000.00 $ - $
Service 3,000.00 $ - $
3 EA Street Li ght Removal 2,000.00 $ 6,000.00 $ EngCostEstimate Page 2 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
765 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existin
g Systems) 15.00$ 11,475.00$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00 $ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 500,000.00$ - $
SF Track Crossin g (Concrete) 175.00$ - $
SF Approach 4.00 $ - $
2 EA S.W. Ram ps (A.D.A. Compliant) 4,000.00$ 8,000.00 $ 16 EA Traffic Si gnal Loops 600.00 $ 9,600.00$ 30 SF Gravel Surfacin g 25.00$ 750.00 $
1E A Local Depression 700.00$ 700.00 $
STREETS
STREET SUBTOTAL 443,920.00 $
LS Mobilzation (5% of Construction Cost) 5% 22,196.00$
LS Traffic Control (5% of Construction Cost) 5% 22,196.00$ LS Clear & Grub Site (5% of Construction Cost) 5% 22,196.00$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 22,196.00$ GRAND TOTAL STREETS ONLY 532,704.00$
EngCostEstimate Page 3 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ CY Pi pe Bedding & Compaction (Imported) 90.00$ - $ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ LF Removal, Dis posal of ACP and Backfill 150.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
EA Fire H ydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembl y 4" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1 1/2" Water Service/Meter 3,500.00 $ - $
1 EA 2" Water Service/Meter 4,500.00 $ 4,500.00 $ WATER
WATER SUBTOTAL 4,500.00$
LS Mobilzation (5% of Construction Cost) 5% 225.00$
LS Traffic Control (5% of Construction Cost) 5% 225.00$ GRAND TOTAL WATER ONLY 4,950.00$
EngCostEstimate Page 4 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ 70 CY Pi pe Bedding (Imported) 90.00$ 6,300.00$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $ 210 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00 $ 21,000.00$ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
2E A F i r e H ydrant Assembly per City Std. 7,500.00 $ 15,000.00 $ EA Blow-off Assembl y 5" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00 $ - $
1 EA 2" Water Service/Meter 4,500.00 $ 4,500.00 $
RECYCLED WATER
RECYCLED WATER SUBTOTAL 46,800.00$
LS Mobilzation (5% of Construction Cost) 5% 2,340.00$
LS Traffic Control (5% of Construction Cost) 5% 2,340.00$ GRAND TOTAL RECYCLED WATER ONLY 51,480.00$
EngCostEstimate Page 5 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Su pport/Shoring 15.00$ - $
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $103.00 - $
LF
12" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $123.00 - $
LF
15" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $143.00 - $
LF
18" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $163.00 - $
LF
21" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $193.00 - $
LF
24" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $208.00 - $
EA Sewer Saddle $450.00 - $
EA W yes 4" x 8" Typical $225.00 - $
EA 48" Sewer Manhole $4,700.00 - $
EA 60" Sewer Manhole $7,500.00 - $
EA Sewer Cleanout $1,800.00 - $
LF
6" PVC Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $
SEWER
SEWER SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY -$
EngCostEstimate Page 6 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ - $ LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ - $ EA Storm Drain Manhole #1 10,000.00 $ - $
EA Junction Structure #2 (24" or larger) 8,850.00$ - $ EA Junction Structure #4 (24" or smaller) 4,000.00$ - $ EA Outlet Structure 7,000.00 $ - $
1 EA Catch Basin 3.5' Width 7,200.00 $ 7,200.00 $ EA Catch Basin 7' Width/L.D. 7,900.00 $ - $
1 EA Catch Basin 10' Width/L.D. 9,950.00 $ 9,950.00 $ EA Catch Basin 14' Width/L.D. 11,000.00 $ - $
EA Catch Basin 21' Width/L.D. 13,000.00 $ - $
10 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00 $ 2,000.00$ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00 $ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00 $ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00 $ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00 $ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00 $ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00 $ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00 $ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00 $ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00 $ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00 $ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00 $ - $ EngCostEstimate Page 7 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00 $ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00 $ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00 $ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00 $ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00 $ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00 $ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00 $ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00 $ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 700.00 $ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00 $ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00 $ - $ LF
8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00 $ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00 $ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 680.00 $ - $
EA Flow gard Catch Basin w/ Fossil Filter 1,500.00 $ - $ LF 8" PVC 8.00 $ - $
LF 6" PVC 6.00 $ - $
EA 18" x18" Brooks Catch basin 750.00 $ - $ EA 24"x18" Ri prap 100.00$ - $
LF 6" Perforated Pi pe4 . 0 0 $ - $
40 LF
12 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 180.00 $ 7,200.00$
STORM DRAIN
STORM DRAIN SUBTOTAL 26,350.00$
EngCostEstimate Page 8 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
LS Mobilization (5% of Construction Cost) 5% 1,317.50$
LS Traffic Control (5% of Construction Cost) 5% 1,317.50$ GRAND TOTAL STORM DRAIN ONLY 28,985.00$
EngCostEstimate Page 9 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 532,704.00 $
GRAND TOTAL WATER ONLY 4,950.00$
GRAND TOTAL RECYCLED WATER ONLY 51,480.00$
GRAND TOTAL SEWER ONLY -$
GRAND TOTAL STORM DRAIN ONLY 28,985.00$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 618,119.00$
PROJECT ADDITIVES Project Contingencies 10% 61,811.90$
Construction Staking 3% 18,543.57$
Soils Testing 1% 6,181.19$
Material Testing 1% 6,181.19$
Construction Inspection 4.8% 29,669.71$
Contract Administration 1% 6,181.19$
GRAND TOTAL (FOR BOND AMOUNTS) 746,687.75$
EngCostEstimate Page 10 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: SA 18-0047
LOCATION : NEC CENTRAL AVENUE AND EL PRADO ROAD - OFFSITE By: KAMAL McHANTAF
DATE: 10/16/2023
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Kamal McHantaf
R.C.E. Number: 51050
Expiration: 9/30/2025
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 746,700.00$ Labor & Material Bond (50% of Construction Cost) 373,300.00$ Warranty Bond (10% of Construction Cost) 74,700.00$
EngCostEstimate Page 11 of 11 Effective Date: January 1, 2021
FOR BONDING PURPOSES ONLY
01225.0006/367559.3 C-1
EXHIBIT “C”
PL18-0047
KAYKEL INVESTMENT PROPERTIES, INC.
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the de dications and public improvements to be conveyed by the above -named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the prope rty to be dedicated nor Developer are in viola tion of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority u nder or in connection with the environmental l aws relating to the property to be dedicated.
2. Neither Developer nor any other person with Developer’s permission to be upon t he propert y to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be de dicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances ” shall mean any substance or material which is cap able of posing a risk of injury to health, saf ety or proper ty, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of tho se materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer has not cause d or permitted the release of and has no knowledge of the release or presenc e of, any Hazardous Substance on the property to be dedicated or the mi gration of any hazardous substance from or to any other pro perty adjacent to, or in the vicinity of, the property to be dedicated.
4. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, t hat the si gnators hereto have the legal power, right and authority to execute thi s warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the pro perty, or through reasonable reliance upon the investigation and profes sional opinion of Developer’s environmental experts, to mak e the representations herein, and that no consent of any other party is