Chino City Council
February 6, 2024

2.4. Chino Hills is responsible for managing the construction contract and overseeing Project construction through completion. In the event that any change order(s) is/are requested with respect to any component of the Project located entirely within Chino’s public right-of-way, Chino Hills will consult with Chino’s designated representative in formulating a response. In the event that any change order(s) is/are requested with respect to any portion of the Project that straddles the public rights-of-way of both cities, Chino Hills will consult with Chino’s designated representative in formulating a response; however, in such cases, Chino Hills will have the sole decision-making authority with respect to the requested change order and Chino agrees to be responsible for its proportional share of any related cost increases.

2.5. Chino Hills will pay the consulting engineer and the Project general contractor in accordance with the terms of their respective contracts. Chino Hills will then invoice Chino for any of those costs that are assigned to Chino pursuant to this Agreement.

2.6. Chino Hills agrees to indemnify, defend, and hold harmless Chino, and its elected and appointed officials, agents, employees, attorneys, and volunteers from and against all claims, suits, demands, obligations, losses, damages (including, without limitation, damage to property and injuries to or death of persons, and including punitive or exemplary damages, and lost profits), liabilities, expenses (including legal fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, strict liability, administrative law, or otherwise, which are claimed in any way to result from, arise out of, or are connected with Chino Hills’ performance of its duties, actions or obligations under this Agreement, or Chino Hills’ breach of any of the terms, conditions, representations or covenants in this Agreement. Chino Hills will require its consultants or contractors to indemnify Chino and Chino Hills as to any claims, suits, demands, obligations, losses, damages, liability, expenses, or causes of action that arise out of or are connected with the negligence or willful misconduct of such consultant or contractor retained by the City of Chino Hills to perform work on the Project. The obligations under this subparagraph shall survive termination or expiration of this Agreement.

3. Chino’s Responsibilities.

3.1. Chino will cooperate in good faith with Chino Hills during the preparation of the Project specifications and bid package. Chino’s approval of the same will not unreasonably be withheld.

3.2. Chino understands and agrees that Chino Hills will pay the consulting engineer and the Project general contractor in accordance with the terms of their respective contracts. Chino Hills will then invoice Chino for any of those costs that are assigned to Chino pursuant to this Agreement. Chino agrees to reimburse Chino Hills for all such costs within 30 calendar days of the date of the invoice. 239

3.3. Chino agrees to indemnify, defend, and hold harmless Chino Hills, and its elected and appointed officials, agents, employees, attorneys, and volunteers from and against all claims, suits, demands, obligations, losses, damages (including, without limitation, damage to property and injuries to or death of persons, and including punitive or exemplary damages, and lost profits), liabilities, expenses (including legal fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, strict liability, administrative law, or otherwise, which are claimed in any way to result from, arise out of, or are connected with Chino’s performance of its duties, actions or obligations under this Agreement, or Chino’s breach of any of the terms, conditions, representations or covenants in this Agreement. It is expressly understood that this indemnity obligation does not apply to or extend to any claims, suits, demands, obligations, losses, damages, liability, expenses, or causes of action that arise out of or are connected with the negligence or willful misconduct of any consultant or contractor retained by the Chino Hills to perform work on the Project. The obligations under this subparagraph shall survive termination or expiration of this Agreement.

4. Cost Sharing and Reimbursement. The Parties agree to share the costs associated with the Project as follows:

4.1. CEQA. Chino Hills will act as the lead agency and will be responsible for preparing the required CEQA documentation, if any. Chino Hills may, in its discretion, engage the services of a professional consultant for this purpose.

Chino agrees that it will be responsible for 13.5% of all costs incurred by Chino Hills in connection with the CEQA process. City of Chino Hills’ staff time will be billed at the all-in rate indicated on the City of Chino Hills’ most recently approved rate schedule. Consultant fees will be billed at the invoiced cost.

4.2. Design Fees. Chino Hills will retain a professional design consultant to design the Project. Chino agrees that it will be responsible for 13.5% of all professional fees and costs charged by BKF in connection with the Project’s design. Chino will not be responsible for reimbursing Chino Hills for any staff time incurred in connection with the Project’s design.

4.3. Construction Costs.

4.3.1. Chino Hills is responsible for 100% of the cost of constructing all Project components within Segment 1 and those components of the Project in Segment 2 that are located entirely within Chino Hills’ public right-of- way. The latter components include, without limitation, upgrades to ADA ramps to meet current standards, new video detection equipment, and restriping.

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4.3.2. Chino is responsible for 100% of the cost of constructing all Project components in Segment 2 that are located entirely within Chino’s public right-of-way. These components include, without limitation, new ADA compliant ramps and sidewalk, new video detection equipment, and restriping.

4.3.3. The Parties understand and agree that the boundary line separating the two cities does not completely coincide with the centerline of Chino Hills Parkway between SR 71 and Monte Vista Avenue. Therefore, costs associated with pavement rehabilitation along that segment of Chino Hills Parkway will be split according to the relative percentage of ownership as determined by BKF, the consulting engineer.

4.4. Project Management. Chino Hills’ staff will be responsible for construction management. The Parties agree to share these staff costs in the following proportion: Chino Hills will be responsible for 86.5% of the costs and Chino will be responsible for 13.5% of the costs. Chino Hills’ staff costs will be billed through to Chino at the current all-in hourly rate for each respective employee.

Chino Hills is responsible for maintaining records of staff time incurred in connection with Project management duties, which records will include (i) the name of the staff person performing the work, (ii) the date of the work performed, (iii) a brief description of the work performed, and (iv) the amount of time, in tenths of an hour increments, spent on the work. These records will be provided to Chino together with the associated invoices for staff time reimbursement.

Project management includes, for example, the following duties: construction project management, administrative management, submittal reviews, and the processing of requests for information and change orders. Project management does not include inspections services. All inspections conducted with respect to the Project will be conducted at the expense of Chino Hills. Unless otherwise agreed to by the Parties in writing, Project management costs will not exceed ten percent of the Project’s construction costs.

4.5. Payment of Project Costs and Reimbursement. Chino Hills is responsible for paying its own staff for time devoted to preparing the CEQA documentation required for the Project, if any, together will all invoices from professional consultants retained to provide CEQA-related services. In addition, Chino Hills is responsible for paying its own staff for time devoted to Project-related construction management. Chino Hills is also responsible for paying all invoices from the consulting engineer and the contractor retained to construct the Project.

Chino Hills will periodically invoice Chino for Chino’s share of the above- referenced costs as they are incurred. Chino must reimburse Chino Hills for all such costs within 30 calendar days of the date of the invoice.

5. Warranty of Project Work. To the extent that the contractor retained by Chino Hills is required to warranty all or any portion of its work, Chino Hills will ensure that the agreement between Chino Hills and the contractor identifies Chino as a third-party beneficiary of those warranties and authorizes Chino to make and enforce warranty claims with respect to those items of the work that are 241

located entirely within Chino’s public right-of-way. Chino Hills may, upon request of Chino, make and enforce warranty claims on behalf of Chino for items of work that are located entirely within Chino’s public right-of-way; however, Chino Hills is not obligated to make or enforce any such claims on behalf of Chino.

6. Good Faith Cooperation. The Parties agree to cooperate in good faith in the planning and implementation of the Project.

General Provisions

7. Recitals. Both Parties warrant that the above Recitals are true and correct.

8. Resolution of Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the County of San Bernardino before three arbitrators. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The prevailing party in any dispute shall be entitled to recover its reasonable attorneys’ fees and costs. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

9. Notices. Unless otherwise provided herein, all notices required to be given pursuant to this Agreement must be given in writing and delivered in person with acknowledged receipt, by overnight courier for next business day delivery with signature required, or by certified mail, return receipt requested, and sent to the intended recipient at the address set forth below:

To City of Chino: To City of Chino Hills:

City of Chino City of Chino Hills
Attn: Public Works Director Attn: City Engineer
13220 Central Avenue 14000 City Center Drive
Chino, CA 91710 Chino Hills, CA 91709
Email: [email protected] Email: [email protected]

Any notice delivered or sent as provided above will be deemed to have been properly made on the same day it is hand delivered (even if such delivery is refused), on the first business day after delivery to an overnight courier service with instructions for deliver on the next business day, or the third business day after being deposited in the U.S. Mail, certified with return receipt requested. Either party to this Agreement may change its address for notices hereunder by providing notice of such change to the other party in the manner set forth above.

10. Governing Law. The Parties hereby agree that this Agreement is to be governed under the laws of the State of California and construed according to its plain meaning as if drafted by both Parties.
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11. Attorneys’ Fees. In any proceeding brought to enforce, confirm, modify or vacate an award in arbitration, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

12. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with other terms and provisions contained in this Agreement.

13. Severability. Should any provision of this Agreement be determined to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

14. No Third-Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the Parties hereto expressly disclaim any such third-party benefit.

15. Successors and Assigns. The terms, conditions, and provisions of this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

16. Further Cooperation. The Parties agree to execute, acknowledge if appropriate, and deliver any and all documents and cooperate in performing any and all acts in any commercially reasonable manner as may be necessary to carry out the intent of this Agreement as set forth in the Recitals and implement the terms and conditions of this Agreement.

17. Complete Agreement and Amendment. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces any and all prior negotiations and agreements between the Parties, whether written or oral. This Agreement may be amended only by written instrument signed by both Parties.

18. Electronic Signatures and Counterparts. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. This Agreement may be executed in counterparts (signatures may be by facsimile or electronic mail), each of which is hereby declared to be an original.

All, however, shall constitute but one and the same Agreement.

19. Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will be suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes, riots, fire, flood, war, terrorism, governmental action, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or acts of God.

20. Term. This Agreement shall remain in effect until the fourth anniversary after the Notice of Completion of the Project is filed with the County. The Parties’ respective indemnification obligations shall survive expiration or termination of this Agreement.

[Signatures on following page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

CITY OF CHINO HILLS CITY OF CHINO

By: By:

Peter J. Rogers, Mayor Eunice Ulloa, Mayor

APPROVED AS TO FORM:

By: By:

Mark D. Hensley, City Attorney Fred Galante, City Attorney

ATTEST:

By: __________________________________ By: __________________________________ City Clerk City Clerk
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245

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award a Construction Contract: Central and Edison Avenues Sewer Main Line Repairs. ..end

RECOMMENDATION
1) Award a construction contract for $92,900 to Pipe Tec, Inc., Baldwin Park, CA, for the repair of a sewer main line at the intersection of Central and Edison Avenue s; 2) authorize expenditures for a not-to-exceed contract amount of $92,900; 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 2023-2024 operating budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

Revenue: Click or tap here to enter text.

Expenditure: 5307320-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 246
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: AWARD A CONSTRUCTION CONTRACT: CENTRAL AND EDISON AVENUES SEWER MAIN LINE REPAIRS.

PAGE: 2

BACKGROUND
The Public Works Department - Streets Division is responsible for maintaining sewer infrastructure consisting of approximately 226 miles of sewer mainlines. In November of 2023, Public Works Services received a call for a sewer backup at the intersection of Central and Edison Avenue s. Public Works wastewater staff responded and cleared th e blockage.

Subsequently, wastewater staff conducted a televised inspection of the sewer main line, identifying a failure in a section of the main line pipe. This failure caused a backup, necessitating immediate repairs in the identified section as well as other sections of the sewer main line.

ISSUES/ANALYSIS
The intersection at Central and Edison Avenue s is a major intersection that requires extensive traffic control for the repair work . While the City’s Public Works crew is capable of performing this types of work, due to extensive traffic control that would exhaust the City’s resources, staff recommends contracting this work to a qualified contractor. A concrete sewer pipe is not an industry norm-recommended sewer pipe material. Concrete sewer pipes are prone to corrosion due to off -gas from the sanitary sewer water. The contractor will replace the section with a vitrified clay pipe material. Public Works field staff and Engineering initiated a sewer inventory of all concrete sewer pipes to schedule t hem for sewer l ining to prevent another concrete pipe cave-in due to corrosion.

In November 2023, staff solicitated three qualified contractors specializing in excavation and sewer pipe replacement to submit bids for the repair. Based on the distance from the manhole to the break in pipe, the contractors submitted bids to repair up to 25 feet of 8 -inch concrete sewer pipe. In early December of 2023, three (3) bids were received with the following results:

Company Location Bid Amount
Pipe Tec, Inc. Baldwin Park $92,900
W.A. Rasic Construction Long Beach $93,666
TK Construction San Bernardino $126,000

Pipe Tec, Inc., Baldwin Park, CA, was determined to be the lowest, most responsive, and responsible bidder. References regarding Pipe Tec, Inc. indicate that the firm has the knowledge and experience required to perform the sewer main line repair. All support documents are on file with the City’s Finance Department/Purchasing Division. Therefore, staff recommends that the City Council award a construction contract to Pipe Tec, Inc., Baldwin Park, CA, for a not-to-exceed amount of $92,900.

Attachment – Pipe Tec, Inc. Agreement

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Contract No.:

Approved:

AGREEMENT

Sewer Main Line Repair – Central Avenue
& Edison Avenue

THIS AGREEMENT is made and entered into this 6TH day of February, 2024 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Pipe Tec, 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 Sewer Main Line Repair – Central Avenue & Edison Avenue 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 structu res, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Ninety-Two Thousand Nine Hundred Dollars and Zero Cents ($92,900.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within fifty-five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred and twenty (120) working days. 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, p lans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of 248
litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by r eason 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 Hye Jin Lee, P. E.

Director of Public Works

PIPE TEC, INC.

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

250

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Amendment to the Approval of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23-0133).
..end

RECOMMENDATION
..recommendation
1) Conduct a public hearing; 2) a pprove Resolution No. 202 4-004 adopting an amendment to the City of Chino 2021 -2029 Housing Element , including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 3) approve the introduction of Ordinance No. 202 4-003, to be read by number and title only, and waive further reading of t he Ordinance; and 4) authorize the City Manager to file all documents with HCD on behalf of the City.
..body

FISCAL IMPACT
There is no financial impact by approving the 2021 -2029 Housing Element Update and amending the Zoning Code related to implementation of the Housing Element

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will 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:
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CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 2

BACKGROUND
The 2021-2029 Housing Element (Housing Element) update was originally adopted by the City Council on January 4, 2022, and a revised version was adopted on January 17, 2023. As part of the Housing Element implementation, the City Council also adopted an ordinance (Ordinance No. 2023-008) in April 2023, which added Section 20 .09.090 (Overlay districts for affordable housing) to the Zoning Code to implement Programs 3B (Affordable Housing Overlay) and 3C (MUO - Mixed Use Overlay) identified in the Housing Element. The adoption of this ordinance was required for HCD to certify t he City’s updated Housing Element. Following adoption, the updated Housing Element and proposed Zone Code changes were sent to HCD for review and comment. After their review, HCD informed the City that additional revisions to the Housing Element and to Section 20.09.090, of the Zoning Code related to Programs 3B and 3C, and adding the implementation of Program 3F (Candidate Sites Used in Previous Housing Elements) were needed for HCD to be able to certify the City’s Housing Element. Staff also made change s to Sections 20.04.030 (Use Regulations) and 20.21.340 (Senior Housing Projects) of the Zoning Code to completely address HCD’s additional comments . All the changes to the Housing Element and Zoning Code are summarized below in the staff report.

HCD has stated in its recent correspondence with City staff that following the adoption by the City Council of the proposed revisions to the Housing Element and Zoning Code to address their additional comments, HCD will be able to finally certify the Housing Element because it will comply with all State Law requirements.

On December 20, 2023, the Planning Commission held a public hearing on the revisions to the Housing Element and Zoning Code . One concern brought up by the Commission is related to the second bullet point in the Zoning Code Section below that outlines mixed use projects must reserve at least 50% of their floor area for residential use but are allowed up to 100% residential in the MUO if desired. The Planning Commission’s concern is the City is potentially losing retail opportunities to residential development on sites that are designated as MUO sites. Staff informed the Commission that the City is required to have a minimum number of sites designated for affordable housing, and that the Hou sing Element includes a buffer of available sites to provide options for developers to utilize. The MUO sites that were selected are sites that have vacancies, are on vacant land , or in need of redevelopment. The Commission was also informed that any additional amendments to the Housing Element now, by removing or adding any overlay sites based on their concern , could further delay the certification of the Housing Element. The Planning Commission ultimately recommended the City Council adopt the revisions to the Housing Element and Zoning Code with no recommended changes by a vote of 6-0 (1 absent).

ISSUES/ANALYSIS
2021-2029 Housing Element Revisions (Resolution No. 2024-004) The proposed revisions that have been implemented in the final draft Housing Element are in direct response to the latest comments received by HCD on the Housing Element that was adopted in January 2023. A summary of the revisions is as follows:
 Assessment of Fair Housing, including analyzing disparities in access to opportunity and local knowledge and data on past zoning actions and City investment within the community.
 Clear goals, priorities, metrics, and milestones to address identified contributing factors to fair housing issues.
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CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 3

 Analysis of non -vacant sites resulting in further information on market trends. No change in candidate housing sites was made as a result of this analysis.  Reduction in assumption of Accessory Dwelling Units developed throughout the planning period.
 Zoning for a variety of housing types consistent with the requirements of State law.  Evaluate processing and permit procedures, including typical timeframes for review.  Successful approval of the Measure Y Vote, which implemented the overlay districts for affordable housing.
 Additional outreach, including a required seven -day public review period prior to resubmittal of the Housing Element to HCD.

Zoning Code Revisions (Ordinance No. 2024-003)
The proposed revisions to the Zoning Code are in response to comments from HCD and include additional revisions that are required to comply with state Housing Element law (Government Code Section 65583.2). A summary of the revisions is as follows:
 The Housing Element includes a Sites Inventory, which, among other things, l ists sites that could accommodate lower -income housing developments. Some of these sites were also included in the Sites Inventory of previous Housing Elements but were never developed with housing. If a developer proposes a housing project on one of those sites that makes at least 20% of its units affordable to lower-income households, then the City is required by state law to review that proposed project ministerially, without requiring any discretionary permits or CEQA review. The proposed revisions t o CMC Section

20.04.030 would implement this requirement.
 State law requires that sites with mixed use projects built in the Mixed Use Overlay (MUO) must reserve at least 50% of their floor area for residential use. The City is also required to allow projects to be 100% residential in the MUO, if proposed. The revisions to CMC 20.09.090 would implement these requirements.
 Similar to the first bullet point, state law requires that if a developer proposes a housing project in the Affordable Housing Overlay (AHO) or the MUO that makes at least 20% of its units affordable to lower -income households, then the City is required to review that proposed project ministerially, without requiring any discretionary permits or CEQA review. The proposed revisions to CMC Section 20.09.090 would implement this requirement.
 State law likely requires that the development standards in the AHO and MUO zones must allow at least 16 units per site (there is some ambiguity in state law, but this is the conservative interpretation) . The proposed revisions provide that the City will not enforce applicable development standards to the extent that they would physically preclude the development of at least 16 units on a site in the AHO or MUO.  Senior Housing is permitted to be developed in both the AHO and the MUO, pursuant to the standards set forth in Section 20.09.090. State law requires that residential projects on sites in the AHO or the MUO have a minimum density of 20 units per acre. The proposed revisions to CMC 20.09.090 and 20.21.340 clarify the density requirements for senior housing projects in the AHO or the MUO. Senior Housing is also permitted to be 253
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: AMENDMENT TO THE APPROVAL OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 4

developed in other residential zoning districts as well as various commercial zoning districts. Projects developed outsid e the AHO or MUO are subject to the development standards of the RD20 zoning district, which has a maximum density of 20 units per acre.

Environmental Review
On April 18, 2023, the City adopted an Addendum to the 6th Cycle Housing Element Update (2021-2029) Project Negative Declaration (ND) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code. The Addendum determined that the project was within the scope of the ND, which adequately described the activity for the purposes of CEQA, and included findings supported by substantial evidence that there was no potential for a significant effect on the environment attributable to the adoption of the Section 20.09. 090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

PUBLIC NOTICE
A 1/8 page 10 -day notice was published in the Chino Champion on January 27, 2024 . In addition, the City sent information out on its social media platforms. The notices exceed legal noticing requirements. To date, no comments have been received. If any comments are received after the posting of the staff report, they will be addressed at the Council hearing.

Attachments:

1. Resolution No. 2024-004

2. 2021-2029 Housing Element (strike out and underline version) (use link below)

3. Ordinance No. 2024 -003 amending Sections 20.04.030 (Use regulations), 20.09.090 (Overlay districts for affordable housing), and 20.21.340 (Senior housing projects) Environmental Documents | Chino, CA (cityofchino.org)

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ORDINANCE NO. 2024-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SECTIONS 20.04.030,

20.09.090, AND 20.21.340 OF THE CHINO MUNICIPAL CODE

REGARDING OVERLAY DISTRICT S FOR AFFORDABLE

HOUSING AND SENIOR HOUSING PROJECTS

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. A new subsection ( D) is hereby added to Section 20.04.030 (Use regulations) of the Chino Municipal Code and shall read as follows (additions in red):

D. Uses by right.

1. Notwithstanding the other provision s of this Section 20.04.030, and in accordance with Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lo wer-income households shall be a use by right on the following sites:

a. Nonvacant Sites. A nonvacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accommodating a portion of the regional h ousing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for a pr ior Housing Element planning period; and

iii. The site was not approved to develop a portion of the City’s hou sing need during the previous planning period when the site was in the Sites Inventory.

b. Vacant Site. A vacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accomm odating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing El ement for two or more consecutive prior Housing Element planning periods; and

iii. The site was not approved to develop a portion of the City’s housing need during the previous planning periods when the site was in the Sites Inventory.

2. The projects described in subsection (1) shall not be required to obtain any discretionary permit, but shall be subject to the review pr ocedures in Section 20.09.090(K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

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3. For purposes of this subsection (d), the following terms have the following meanings:

a. “Affordable to lower-income households” means that:

i. The units shall only be rented or sold to lower -income households, as defined in Health and Safety Code Section 50079.5;

ii. Regardless of whether the applicant is seeking a density bonus, the applicant shall comply with the requirements in Government Code Section 65915(c)(1) for rental units and with the requirements in Government Code Section 65915(c)(2) for for-sale units.

b. “Housing development project” shal l have the meaning given in Government Code Section 65589.5(h)(2).

c. “Sites Inventory” means the inventory of site s in the City suitable for residential development that is included in the City’s Housing Element, as further desc ribed in Government Code Sect ion 65583.2. The Sites Inventory in the City’s 20 21-2029 Housing Element Update is in Tables B-6 and B-7 of the Housing Element.

d. “Use by right” means that the project shall not require a conditional use permit, planned unit develop ment permit, or o ther discretionary review or approval that would constitute a “project” for purposes of the California Environmental Quality Act.

However, any subdivision of the site shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Ti tle 16 of this cod e. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a “project” for purposes of the California Environmental Quality Act.

Section 2. Section 20.09.090 (Overlay districts f or affordable housing) of the Chino Municipal Code is here by revised to read as f ollows (additions in red; deletions in bold strikethrough):

20.09.090 - Overlay districts for affordable housing.

A. Purpose and intent. The purpose of the overlay districts for affordable hou sing - the affordable housing overlay (AHO) district and the mixed use overlay (MUO) district - is to promote the development of affordable housing for low and very low-income households in specific areas identified in the general plan at densities of up to thirty dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in return for project s providing more affordable housing. The AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affo rdable housing either on upper floors or in separate buildings. This section also provides the residential development community two alternatives for construction of affordable housing within market-rate development and offers a streamlined process for adm inistrative review of qualifying projects with affordable housing using checklists and objective standards as required by state law.

B. Relation to base zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoni ng district regulations when a housing pr oject is proposed.

However, when an applicant proposes only non-residential uses, then only the base zoning 256
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district land use regulations and developme nt standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

C. Permitted uses. Table 2 0.09-4 identifies residential land uses permitted in the AHO and MUO districts in addition to the uses that are permitted within the existing base zoning district.

TABLE 20.09-4: ADDITIONAL LAND USES PERMITTED IN AHO AND MUO DISTRICTS Uses
District
Additional Regulations AHO and
MUO
Residential Uses
Accessory
Dwelling Units P Section 20.11.020
Multiple-Family
Dwellings P
Senior Housing
Projects P Section 20.21.340 with additional density allowed for affordable housing under criteria established in this section Warehousing and Storage
Public Storage C - MUO
only Sections 20.21.210 and 20.09.090(E)(4)

D. Required density and increased density for affordable housing.

1. Minimum and maximum density.
a. Rental projects. The maximum density for residential development with rental units in the AHO and MUO districts shall be twenty -six units per adjusted gro ss acre unless a project qualifies for addition al density by providing more affordable housing pursuant to subsection (2) belo w or qualifies for additional density under state law under subsection (3) below, or both. The minimum density shall be twenty-six units per adjusted gross acre.
b. For sale p rojects. The maximum density for residential development with for -sale units in the AHO and MUO districts shall be thirty units per adjusted gross acre provided that at least three percent of the units are availa ble for purchase by moderate incom e househol ds at an affordable purchase price. The minimum density shall be twenty-six units per adjusted gross acre. c. Minimum density. The minimum residential density in the AHO and MUO districts shall be twenty-six units per adjusted gross acre.

2. Additional density for affordable rental housing. An increase in the maximum density is allowed, as shown in Table 20.09 -5, for quali fying residential development with rental units if the percentage of low -income units meets or exceeds the percentages shown, provided that the maximum density shall not exceed thirty units per adjusted gross acre.
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TABLE 20.09-5: ADDITIONAL DENSITY FOR QUALIFYING AFFORDABLE

RENTAL HOUSING PROJECTS IN AHO AND MUO DISTRICTS
Maximum Allowable Density
(Units per Adjusted Gross Acre)
26 27 28 29 30
Percent Affordable Units Required in Rental Projects:

Low Income Units 9 10 11 12 13

3. Additional density under state law. Applicants also may be eligible for a density bonus, incentives, and/or concessions under the state d ensity bonus law, the Affordable Housing and High Road Jobs Act of 2022, and other applicable state laws.

E. Additional land use regulations for MUO district.

1. Types of mixed use allowed. Both horizontal and vertical mixed use development shall be allowed in the MUO district.
a. Horizontal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas. b. Vertical mixed use allows for a mix of uses within a single building whe re non - residential uses occupy the ground floor and residential uses are o n the upper levels. A vertical mixed use project may have s urface parking, subterranean parking decks, and/or at grade and above grade parking decks.

2. Minimum amount of retail and service uses residential use required in a mixed -use project. In a mixed use project, at least ten fifty percent of the gross floor area shall be reserved for residential us e. and occupied by retail shops, eating and drinking establishments, retail banks , financial and business services, or businesses offering personal services. If the project is within or adjacent to a shopping center or regional retail complex, this requirement for on-site retail uses shall be reduced to five percent.

3. One hundred pe rcent residential use allowed. Projects developed in an MUO district may be one hundred percent residential. No minimum percentage o f non-residential uses is required.

34. Active and pedestrian-oriented frontages required. Along the primary building frontage, active ground floor uses are required in mixed use buildings with residential uses above commercial uses for at least sixty per cent of street -facing spacing. These may include retail shops, eating and drinking establishments, retail banks, financial and business services, personal services, an d offices for walk -in clientele, such as employment agencies, insurance offices, real est ate offices, travel agencies, and offices f or elected officials. For residential only buildings along a primary building frontage, an active frontage with a pedestrian orientation can include windows and glass doors, stoops and steps, covered entries, and windows providing views into active space w ithin the building, such as lobbies and gyms. The director of development services also may allow these active and pedestrian-oriented frontages to be provided along private streets, interior walkways, and around plazas and courtyards 258
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within the interior of a mixed use project rather than on exterior frontages facing arterial streets.

45. Public storage facilities. In addition to the requirements of Section 20.21.210, public storage shall comply with the following standards:
a. Minimum site size. Public storage facilities are only allowed within mixed use development on sites with of five acres or more.
b. Setbacks. Public storage facilities shall be setback a minimum of fifty feet from front and street side property lines.
c. Maximum building height. If freestanding, the maximum building height for a public storage facility shall not exceed the building height of an adjac ent residential only or mixed us building.
d. Maximum floor area. The maximum floor ar ea for public storage facilities on a site shall not exceed twenty -five percent of the gross floor area for all residential and non-residential uses.
e. Exterior building materials. The exterior building materials, colors, and finishes of the public stor age facility shall be the same as those use d for residential and mixed use buildings on the project site to create a unified appearance. f. Building articulation. The building facades of public storage facilities that face streets or residential and mixe d use buildings in a project shall include building projections or recesses, doorways or window trim, and other details tha t provide architectural articulation and visual interest.
g. On-site management. On -site, twenty -four-hour management shall be prov ided, and the planning commission may estab lish specific hours of operation as a condition of approval of a conditional use permit for a public storage facility.

F. Development standards for the AHO district. All residential development in the AHO distri ct shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple -family residential desi gn standards in Section 20.17.050 to the extent these are not superseded by the suppleme ntal design standards following the table. If no housing is proposed, then non -residential development must comply only with the standards of the base zoning district w ith which the AHO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-6: DEVELOPMENT STANDARDS FOR RESIDENTIAL

DEVELOPMENT IN THE AHO DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 65%
Maximum Floor Area Ratio (non-
residential space) 0.85 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter 20.10.060
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Building Form and Location
Maximum Building Height 40 feet Note 2
Minimum Setbacks:

Front 15 feet Notes 3, 4, and 5
Rear 10 feet; 15 feet if adjacent to a
Residential or Industrial district See also subsection (F)(1).

Interior Side 5 feet; 10 feet if adjacent to a
Residential district
Street Side 10 feet Chapter 20.18 and
Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading
for non-residential uses See Chapter 20.18 (Parking)
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 for projects with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.125 increase in allowable FAR. [2] Additional height is allowed up to 45 feet for lots with at least 100 feet of primary street frontage to enable provision of sloped roofs and common open space for recreational facilities.

The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a residential zoning district. [3] The front setback may be reduced to 10 feet on the following streets: Riverside Drive and Central Avenue.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to the front property line and 5 feet to the street side property line.
[6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate affordable housing units.

1. Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separati on for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
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c. For all other walls containing windows, a setback of at least five feet shal l be provided.

2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent o n secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor residential uses are proposed, a minimum fifteen -foot setback is proposed, and substantial landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constr ucted at the edge of the courtyard, plaza, or dining area;
c. The building incorporates an alternative entrance design th at creates a welcoming entry facing the street.

3. Building entrances.
a. Principal building entries shall front upon the primary street or be in a visually - prominent location as determined by the director of development services. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

4. Building mass and scale.
a. To reduce upper-story building mass, floorplates for the third story and above shall not exceed eighty percent of the ground -floor floorp late. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.

5. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate such features as plazas, interior walkways, canopies, arcad es, paseos, ornamental gates, trellises, lighting, plant materials, seating, fou ntains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian c onnections shall be provided between parking areas and buildings.
d. All sidewalks, crosswalks, courts, plazas and residential buil dings shall be designed to be safe, accessi ble, and convenient for individuals of all abilities, whether travelling by foot , wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities. 261
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6. Parking.
a. Parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear half of the site or within a parking structure. b. Multi-story parking structures within twenty -five feet of a street frontage shall be lined with foundation landscaping at the ground floor.
c. Building siting and parking design shall maximize opportunities for shared parking, access entries, and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

7. Landscaping.
a. Street trees shall be included along all street frontages wit h multi-family housing development. Trees s hall be selected from a list of city -approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, th e paths shall incorporate la ndscaping and d ecorative paving to define the pedestrian space.

G. Development standards for the MUO district. All residential -only buildings and mixed use development with residential units in the MUO district shall comply wi th the development standards in Table 20.09-7 and the supplemental design standards following the table, and with the multi ple-family residential design standards in Section 20.17.050 and the mixed use design standards in Section 20.17.060 to the extent th ese are not superseded by th e supplemental design standards following the table. Non -residential development shall comply w ith the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-7: DEVELOPMENT STANDARDS FOR RESIDENTIAL AND

MIXED USE DEVELOPMENT IN MUO DISTRICT
Feature Standard Additional
Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 80%
Maximum Floor Area Ratio (non-
residential space) 1.0 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter

20.10.060
Building Form and Location
Maximum Building Height 50 feet Note 2
Minimum Setbacks (ft.):
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Front 10 feet; 15 feet if ground floor is
residential Notes 3 and 5
Rear 10 feet; 15 feet adjacent to a
Residential District See also subsection
(G)(1).

Interior Side 0 feet; 10 feet adjacent to a
Residential district
Street Side 10 feet Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading for
non-residential uses See Chapter 20.18
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units.

The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR. [2] Additional height is allowed up to 55 feet for lots with 100 feet of street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district.
[3] A minimum 15 feet of front and street side setback shall be provided along primary and secondary arterial streets. A reduced front setback may be allowed on the following streets:

Riverside, Central, and Euclid.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer
than 12 feet to the front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate for affordable housing units.

1. Required side and rear yards for residential uses. In order to provide light and air for residential units and addit ional separation for rooms that con tain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that p ortion of the building wall contain ing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at lea st ten feet shall be provided.
c. For all other walls containing windows, a setback of at least five feet shall be provided.
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2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls s hall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary str eet frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor reside ntial uses are proposed, a minimum fifteen -foot setback is proposed, and substan tial landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are locate d between the build-to line and the building and buildings are constructed at th e e dge of the courtyard, plaza, or dining area;
c. The building incorporated an alternative entrance design that creates a welcoming entry facing the street.

3. Required gr ound floor transparency for non -residential uses. Exterior walls for non - residential ground -floor uses facing and within twenty feet of a front or street side property line shall include windows, doors, or other o penings for at least sixty percent of the b uilding wall area between two feet and eight feet above the sidewalk. No wall shall run in a horizontal plane more than twenty-five feet without an opening. a. Openings fulfill ing this requirement shall have tra nsparent glazing and provide views into dis play areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth. b. Parking garages are not required to meet these transparency requirements. c. Alternatives to the building transparency req uirement may be approved by the director of development services for uses that h ave unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that cr eates visual interest at the pedestrian level.

4. Building entrances.
a. Principal building entries shall front upon the primary street. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

5. Building mass and scale.
a. To reduce upper -story building mass, floorplates for th e f ourth story shall not exceed eighty percent of the ground -floor floorplate. The director of development services may waive this re quirement upon finding the architectural ar ticulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in le ngth shall include a minimum two-foot vertical variation in height for at least fifty feet. c. To maintain a human -scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed thirty feet without a recess or a break, which may be a building entry or a separate display window. d. Minimum gro und floor height for comme rcial uses, including retail shops, restaurants, and offices: fourteen feet.
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6. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60 , all development on sites over two acres in size shall incorporate features such as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, tr ellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate , to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestr ian connections shall be provided between parking area s and buildings.
d. Encroachments into the public right -of-way are allowed for outdoor seating in conjunction with full -service restaurants and food retailer s, provided a minimum six-foot wide walkway and pedestrian clear zone is maintained, and the outd oor eating area is contiguous with interior eating space and does not encroach into the public right-of-way of an adjacent business. An encroachment permit issued by the city is required, and a fee may be charged.
e. All sidewalks, crosswalks, courts, pl azas, and residential buil dings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelcha ir, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities.

7. Parking.
a. Long-term parking and residents' guest parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear of buildings in the back half of the lot or development site. Short -term drop-off spaces, short-term parking for retail shops, and a limited number of parking spaces for guests of residents may be allowed with valet service in courtyard s and at building entries with approval of the planning commission.
b. Multi-story parking stru ctures within twenty -five feet of a street frontage shall be buffered with foundation planting or lined with commercial, retail, or residential use at the ground floor.
c. Building siting and parking design shall maximize opportunities for shared parking, access entries and drive ways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

8. Landscaping.
a. Street trees shall be included along all street frontages of mixed-use development.

Trees shall be selected from a list of city-approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative pa ving to define the pedestrian space.

H. Open spaces standards for residential projects. The ope n space requirements of th e multiple-family residential design standards in Section 20.17.050 for private areas and 265
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common areas shall apply to all proposed re sidential development and to residential un its in mixed use development with the following modifi cations. Private areas sha ll consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas shall consist of landsca ped areas, walks, patios, swimming pools, p icnic and barbeque areas, playgrounds, children's play areas, playing courts, turf, rooftop areas, gym and fitness facilities, space for yoga, dance and instruction, or other such improvements as are appropriate t o enhance the outdoor living environment of the development and to provide recreational facilities for residents. Landscape d courtyard entries that are oriented towards the public street and create a welcoming entry feature are also considered common areas. All areas not improved with buildings, pa rking, vehicular accessways, trash enclosures, and sim ilar items or devoted to p erimeter landscaping shall be developed as common areas with the types of attributes described above.

1. Minimum amount of outdoor living area (private or common open space). The minimum percentage of net lot area devoted to permanent open space is twenty percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be four hundred square feet per unit.

2. Minimum amount of private o pen space. The minimum amount of private open space shall be at least twenty-five percent of the amount of outdoor living area required. This space shall be provided on patios, decks or balconies shall be as follows:
a. Ground floor units: one hundred fi fty square feet patio with a minimum horizontal dimension of ten feet or seventy -two square foot deck with a minimum horizontal dimension of six feet; and
b. Upper level units: seventy-two square feet with a minimum horizontal dimension of six feet.

3. Minimum amount of common open space areas. A minimum of sixty-five percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of twenty feet. This commo n open space shall be a well - designed, cohe rent area that is an essential component of the projec t's design, not merely space left over after the building mass is placed. a. Landscape areas having minimum dimensions of less than twenty feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the comm on open space by walkways, may be included in calculating the area of such space. Non -contiguous landscape areas proposed to be inclu ded shall not exceed twenty percent of the total area of common open space.
b. Up to one-half of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does no t comprise more than twenty -five percent of the total common open space.
c. Up to fifteen perce nt of the required common open space area may be provided within a recreational building.

4. Usability. A surface shall be provided that allows convenient us e for outdoor living and/or recreation. Suc h surface may be any practicable combination of lawn, garden, flagstone, wood pl anking, concrete, or other serviceable, dust -free surfacing. The maximum slope shall not exceed ten percent.
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5. Accessibility.
a. Private open space . The space shall be acc essible to only one living unit by a doorway to a habitable room or hallway.
b. Common open space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

6. Recreational facilities requirements. In high density mult i-family or mixed use development with a minimum of twenty -five dwelling units per gross adjusted acre, essential recreational facili ties, as prescribed below, may be proposed in lieu of the requirements of major and minor facilities in Section 20.17.050(C ) which require more land than may be available in a high density project. Thes e essential recreational facilities may include: 1) a gym or fitness room, 2) space for yoga, dan ce, or other instruction, 3) enclosed or outdoor space for playing courts or games, 4) children's play area, 5) picnic and barbeque area, or 6) children's daycare space. At least two hundred fifty square feet per unit shall be provided for these recreation al facilities, and there shall be a minimum of two of these facilities in projec ts with ten to fifty units, three of these facilities in projects with fifty-one to one hundred units, and four or more of these facilities in projects with more than one hundr ed units. No essential recreational facilities are required in a small project, with less than ten dwelling units. The space allocated for recreational facilities shall count toward the requirement for common open space, and this space may be within buildings.

I. Minimum affordable housing requirement.

1. Requirement. Residential development projects in an AHO and an MUO district with ten or more dwelling un its shall provide the following minimum numbers of aff ordable housing units:
a. Rental projects: nine percent of the total units affordable to low-income households at an affordable rent.
b. For-sale projects: three percent of the total units in a comm on interest development for moderate income households at an affordable sales price, provided that all of the units are offered to the public for purchase. c. Projects with bo th rental units and for sale units: The minimum numbers shall be calculated separately for each type of housing.

2. Calculations. All calculations of the number of affordable units required to be built on - site in a project that result in fractional units shall be rounded up to the next whole number.

3. Common owners and control . An applicant for development within an AHO or MUO district shall not avoid the requirements of th is section by submitting piecemeal planning applications. At the time of the fir st application for residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct housing on contiguous property but must include such property in a comprehensive affordable housing plan.

4. Income qualifications. Household income qualifications shall be those established by the California Department of Housing and Community Dev elopment each year for San Bernardino County, as adjusted for household size, pu rsuant to California Code of Regulations, Title 25, Section 6932, and Health and Safety Code Section 50093. 267
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5. Location, size, desi gn, and distribution of affordable units. Affordable units shall have the same bedroom and bathroom count ratio as the mark et rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. The affordable housing units sha ll be integrated with other housing units in the housing development with regard to siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housi ng units be located in only one portion of the housing development or situated in one building of a multi-building development.

6. Timing of construction. All required afford able units shall be made available for occupancy prior to, or concurrently with, the market -rate units. The affordable units may be constructed in phases if the market -rate units are constructed in phases, provided that the percentage of affordable units d eveloped in each phase shall be equivalent to or greater than the total percentage of affordable units to be developed as part of the residential development until such time that all the affordable units have been built.

J. Alternatives. In lieu of provi ding the affordable units in the housing development project required by Section 20.09.090.D. and I., the requirements of those subsections may be satisfied through one or more of the alternatives set forth below.

1. In-lieu fee.
a. For housing develop ment projects proposing up to twenty units, the developer may, by right, pay a fee in lieu of providing affordable units on site. b. For housing development projects proposing more than twenty units, the developer shall only be allowed to pay in -lieu fee s if the planning commission makes a finding that providing affordable units on -site would result in an extreme financial hardship to the developer and make the proposed project financially infeasible. The develop er shall submit a request to pay a fee in l ieu of providing affordable units on site as part of the project application. Su ch request shall include sufficient documentation and financial analysis to allow the planning commission to make the required findin gs. At the city's discretion, the city may contract with a third -party financial consultant to evaluate the documentation a nd analysis submitted by the applicant and make a recommendation to the city regarding the issues of extreme financial hardship and f inancial infeasibility. The developer shall be required to reimburse the city for all costs related to hiring any such thir d-party consultant, which shall be in addition to any other required application fees. The demonstration of financial hardship and in feasibility may be based on, among other things, such factors as project size, site constraints, and/or excessively large a ffordability gaps, or upon a demonstration that in the absence of allowing for payment of in -lieu fees, the imposition of the afforda ble housing production requirements in this section would violate the California and/or United States Constitutions because it would be a regulatory taking of property without fair and just compensation.
c. In-lieu fees shall be paid as follows:
(i) The amount of the fee shall be calculated using the fee schedule established by resolution of the city council at the time the fee is paid. (ii) One-half of the in-lieu fee required by this subsection shal l be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the 268
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housing development project. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the housing developme nt project. In a phased project, payment of fees also may be allowed in phases, corresponding to the number of units in each phase.
(iii) The fees collected shall be deposited in the overlay district affordable housing fund established by Section 20.09.090(M).

2. Land dedication. In lieu of providing affordable units on -site, a developer may request city council approval to dedicate land to the city or to a city -approved af fordable housing developer that the director of development services determines i s suitable for the construction of the required number of affordable units and is within one mile of the project site. To accept a land dedication in lieu of on -site affordabl e units, the city council must determine the fair market value of the dedicated l and is equivalent to or greater than the amount of in -lieu fees that would have been needed to satisfy the housing development project's affordable housing obligation and that the required number of units for very low -income residents will be built on this land based on a proposed conceptual site plan and proforma financial analysis demonstrating project feasibility with available funding.
a. The developer must submit evidenc e that the land proposed to be dedicated is under the developer's control, will b e conveyed at no cost to the city or a city - approved affordable housing developer with experience building rental housing for very low-income households, is free of any liens, all property taxes and special taxes have been paid, does not contain any hazard ous materials, has the appropriate general plan designation and zoning to allow construction of the required number of units, and has the necessary infrastructure and public improvements to support the required number of affordable units. Only sites within an AHO or MUO district that are within one mile of the project site can be considered for land dedication.
b. The developer must disclose whether any hazardous materials we re previously contained on the site; and hazardous materials were previously reme diated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.
c. The land proposed for dedication cannot have been improved w ith any residential use for at least five years prior to the submission of a land dedication proposal. d. The affordable units to be constructed on the dedicated land shall be at least twenty percent of the total number of units in the project, and these units must be rental units affordable to very low income households.

3. Off-site construction. A market -rate developer may enter into an agreement with an affordable housing developer to construct, own, and operate affordable rental housing units required by Sections 20.09.090(D) and (I), provided:
a. The affordable housing develo per is approved by the director of development services on the basis of recent relevant experience;
b. The affordable housing developer does not request any financial assistance from the city;
c. The affordable rental housing units shall be constructed prior to or con currently with the market -rate development triggering the affordable housing requirement; and
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d. At least twenty percent of the total number of units to be built on the site shall be rental units affordable to very low-income residents.

K. Review procedures.

1. Preliminary review. A developer requesting additional density above twenty -six units per adjusted gross acre for a rental project under Section 20.09.090(D) shall submit an application for preliminary review, accompanied by the required applica tion fee, for feedback prior to the submittal of any formal requests for approval of additional density.

The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable pla nning regulations and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan in addition to information requi red by the depar tment's preliminary review checklist:
a. Evidence that the project includes the qualifying percentages of affordable units set forth in Section 20.09.090(D) to justify the additional density requested; b. Calculations showing the maximu m base density a nd the density with the additional units;
c. Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and d. A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Government Code Section 95915(k).

2. Site approval required. All residential development or mixed use development with residential units in an AHO or M UO district shal l require approval of a site approval application as outlined under Section 20.23.090. For residential development and mixed use development with residential units, design review by the planning commission shall be undertaken only to determ ine compliance with the city's objective design standards using the site approval process.

3. Additional findings for approval. The planning commission shall grant a site approval if it makes the findings required by Section 20.23.090 and the following a dditional findings:
a. The proposed development meets the affordability criteria for the requested density in accordance with the requirements of subsection (D) and (I); and b. The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.

4. Conditions of approval. The plann ing commission h as the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan adopted by the city council, and this title are met, including requirements for needed off -site public improvements. The commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.
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5. Special procedures for projects with at least 20 percent affordable u nits.

Notwithstanding any other provision of this section 20.09.090, owner -occupied and rental multifamily residential developments in either an AHO or MUO district that are located on a site that is incl uded in Appendix B (Candidate Sites Analysis) of t he city’s Sixth Cycle Housing Element (2021 -2029), meet the objective development standards and density requirements in this section, and in which at least 20 percent of the units are affordable to lower income households shall be a use by right. For purposes of this subsection (K)(5), “use by right” shall have the meaning given in Government Code section 65583.2(i), as may be amended. Developments that qualify under this subsection (K)(5) shall be subjec t to the review procedures in this subsection (K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

L. Required affordable housing agreem ent for continued affordability. Prior to the issuance of a building permit for any residential development project with affordable housing units in an AHO or MUO district, the applicant shall enter into a written agreement with the city ensuring the conti nued affordability of the affordable dwelling units for a period of not less than seventy-five years or as long as the property is in residential use, whichever is greater, for rental units and forty -five years for for -sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the main office of the San Bernardino County assessor -recorder-clerk. The agreement shall be executed by the city manager, be in a form acceptable to the city attorney, and include provisions for the following:

1. The number and proportion of housing units affordable to moderate -income, low - income, and very low -income households by type, their location, and the number of bedrooms in each one;

2. Standards for maxim um qualifying household incomes and maximum rents or sale prices;

3. Minimum home buyer payments and sources of funds for them;

4. The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the city;

5. The process that will be used to c ertify incomes of tenants or purchasers of the affordable housing units;

6. The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

7. Deed restric tions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;

8. Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non -eligible households, with reasonable allowances for inherited units and units initially occupied by very low -income individuals who incomes may increase to a low-income level;

9. Provisions allowing moderate income homebuyers to resell the unit at fair market value in return for the city receiving payment equal to the original affordability gap plus a defined share of the equity appreciation achiev ed on sale, which shall be deposited in the city's overlay district affordable housing fund and used within three years for any of 271
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the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership; and

10. Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.

M. Overlay district affordable housing fund. There is a separate fund of the city known as t he overlay district affordable housing fund, and a ll in-lieu fees or other funds collected under this section shall be deposited into the overlay district affordable housing fund. Additional funds from other sources also may be deposited in the overlay dis trict affordable housing fund.

1. Money deposited in the overlay district affordable housing fund may be used to pay for the direct costs associated with administration and enforcement of the affordable housing program established for the AHO and MUO districts.

2. After payment of expenses, at least seventy percent of the remaining money shall be expended to provide housing affordable to low income and very low -income housing holds; the remaining money may be expended to provide housing affordable to moderate-income households.

3. The fund shall be administered by the director of development services.

4. A developer receiving funding from the fund shall implement a local preference in their resident selection criteria.

Section 3. Section 20.21.340 (Senior housing projects) of the Chino Municipal Code is hereby revised to read as follows (additions in red; deletions in bold strikethrough):

20.21.340 - Senior housing projects.

A. Consistency with California Civil Code . Senior housing projects shall be limited to occupancy consistent with section 51.3 of the California Civil Code.

B. Development standards . Except as provided in subsection C, senior Senior housing projects shall be developed in accordance with the devel opment standards and guidelines applicable to the RD 20 zoning district.

C. Projects in the Affordable Housing Overlay or Mixed Use Overlay . Senior housing projects in the Affordable Housing Overlay or the Mixed Use Overlay shall be subject to the density requirements and development stan dards of the overlay in which the project is located, which are found in Section 20.09.090.

Section 4. Severability. If any sec tion, subsection, sentence, clause, phrase , or portion of this Ordinance, or the applica tion thereof to a ny person or circ umstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provis ion or appl ication, an d to t his end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordina nce and each section, subsection, sentence, clause, phrase, part or portion thereof, i rrespective of t he fac t that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 5. Environmental Review. On April 18, 2023, the City adopted an Addendum to the 6 th Cycle Housing Element Update (2021 -2029) Project Negative Declaration (ND) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code. The Addendum determined 272
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that the project was within the scope of the ND, which adequately describe d the activity for the purposes of CEQA, and include d findings supported by substantial evidence that there was no potential for a significant effect on the environment attributable to the adoption of the Section

20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

Section 6. Effective Date. This Ordinance shall be in ful l force a nd effect thirty (30) days after its second reading and adoption.

Section 7. Certification. The Cit y Cl erk of the City of Chino shall cert ify to the passage and adoption of this Ordinance and shall cause the sa me to be published in the Chino Champion, a new spaper of general circula tion, w ithin said City in accordance with the provisions of the Government Code.

ADOPTED THIS 20TH DAY OF FEBRUARY 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga , City C lerk of t he C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting he ld on the 20th day of February 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
273
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RESOLUTION NO. 2024-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING AN AMENDMENT TO THE ADOPTION OF THE CITY OF CHINO 2021-2029 HOUSING ELEMENT

WHEREAS, the City has received a mandate from the S tate of Califo rnia and t he California Department of Housing and Community Development (HCD) to update the Housing Element of the General Plan in order to set forth the City’s strategy to preserve and enhance the community’s residential ch aracter, expand housing opportunities for all economic sectors, and provide guidance and direction for local government officials in all matters related to housing; and

WHEREAS, on January 17, 2023, the City Cou ncil adopted a n update d Housing Element, which included a program for the creation of an Affordable Housing Overlay and Mixed Use Over lay in order to accommodate Chino’s share of the regional housing nee d for lower - income households; and

WHEREAS, following adopt ion, the Housing Element was sent to the California Department of Housing and Community Development (HCD), which requested amendments to the Housing Element before it could be certified; and

WHEREAS, on April 18, 2023, following a recommendati on by the Planning Commission, the C ity Council adopted Section 20.09.090 of the Chino Municipal Code, establishing re gulations and standards for the Affordab le Housing Over lay and Mi xed U se Overlay; and

WHEREAS, HCD reviewed Section 20.09.090, per the requ irements of state law, an d determined that revisions were required in order for the City to comply with the requirements in Housing Element law, particularly Government Code 65583.2; and

WHEREAS, City staff and the City ’s Housing Element consultant have worked closel y with HCD t o make revisions to the Housing Element and to Sect ion 20.09.090, as well a s Sections 20.04.030 and 20.21.340, in order to compl y with state Housing Element laws. These amendments are included as a separate ordinance (Ordinance No. 2024-003); and

WHEREAS, on December 20, 2023, the Planning Commission held a duly noticed public hearing for the proposed 2021-2029 Housing Element changes and for PL23-0133 and adopted Resolution No. PC2023-035, reaffirming their recommendation for the City Council to adopt the 2021-2029 Housing Element and Municipal Code Amendments; and

WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the 2021-2029 Housing Element have been complied with, including a noticed public hearing; and

WHEREAS, the City Council has com pleted its study of the proposed amendments to the 2021-2029 Housing Element.

NOW, THEREFORE , the City C ouncil of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

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A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and tak es the following actions regarding the 2021-2029 Housing Element Update:

1. CEQA Findings. On January 4, 2022, t he City Council adopted a Negative Declaration (State Clea ringhouse No. 202 1100569) for the 2021 -2029 Housing Element update.

The pr oposed amendmen ts to t he 2021 -2029 Housing Element are sufficie ntly addressed in the Negative Declaration, and therefore no f urther environmental review is required.

2. Findings For Non -Vacant Sites. The City Council finds, pursuant to Government Code Section 65583.2(g)(2) and based on substantial evidence described in Section 4 and Appendix B of the 2021 – 2029 Housing Element, that any existing u ses o n sites identified to accommodate affordable housing are likely to be discontinued during the planning period, and therefore do no t constitute an impediment to additional residential development during the period covered by the 2021 -2029 Housing Elemen t. Any sites identified to accommodate 2021 -2029 RHNA need that have existing structures, improvements and/or activities demonst rate a likelihood for redevelopment during the 2021-2029 planning period. Parcels with existing uses or activities that were not likely to be discontinued during the planning period were generally removed if they had conditions suggesting continued use or activity during the planning period.

3. Approval of 2021-2029 Housing Element. The City Council hereby approves the updates 2021-2029 Ho using Element. City Staff are permitte d to make minor non-substantive technical edits, including fixing typos and/or grammatical errors, as necessary for final certification.

4. Actions by the City Clerk. The City Clerk is hereby directed to atte st as to the adoption of this Resolution as of the date set forth bel ow and forthwith transmit a copy of this Resolution, by regul ar ma il, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

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01225.0005/949050.1

State of California )
County of San Bernardino ) §
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the fore going Resolution was duly adopted by the Chino City Council at a regular meeting held on the 6th day of February 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
276

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Naming of Preserve Town Center Park Site.
..end

RECOMMENDATION
..recommendation
Adopt the name “Glenn Duncan Town Center Park” as the name of the new park set to be part of the Town Center block project in The Preserve.

..body

FISCAL IMPACT
There is 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
 Responsible Long-Range Planning

Revenue:

Expenditure:

Transfer In: Transfer Out:
277
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: NAMING OF PRESERVE TOWN CENTER PARK SITE.

PAGE: 2

BACKGROUND
The City’s park naming guidelines provide several steps during the process. First, a list of potential park names are compiled from suggestions submitted by the public, City staff, and the developer. The suggestions are then forwarded to the Community Services, Parks & Recreation Commission for review. The Commission has the option to review the names as an entire body or through a Sub -Committee prior to making a final recommendation to the full Commission. The Commission’s final recommendation is then forwarded to the City Council for final adoption. The park naming guidelines allow a park or facility to be named after an individual, living or deceased, who has provided a significant contribution to the development or improvement of the quality of life in the City (i.e. Ruben S. Ayala Park, Fred Aguiar Square, Carolyn Owens Centennial Square). Further, the park sites c an be based on themes that characterize the individual park sites, such as neighborhood street names or significant site landmarks (i.e. Liberty Park, Walnut Park, Mountain View Park).

The development of The Preserve area includes the construction of a pa rk required by the development agreement with Lewis Operat ion Corporation (LOC). As conditioned by the Preserve Development Agreement, the developer is required to design and construct a park in lieu of paying development impact fees for these facilities.

Unlike other City park development projects, the park sites in The Preserve are designed and constructed prior to residents moving into the neighborhoods adjoining the proposed park sites.

In those cases, the parks are being constructed prior to or du ring construction of the adjacent tracts in order to have the parks completed when the model homes open to the public.

ISSUES/ANALYSIS
LOC is currently in development of a 10+ acre public park located in The Preserve. This park is being developed as part of the Town Center block project, located south of Market Avenue and east of Main Street. This Town Center block will also include a new joint use public community center and San Bernardino County Library , and a new K-8 school surrounding this park . T his park proposes the following amenities: a dog park, amphitheater, half-basketball court, outdoor fitness court, jogging track, open turf field, tot lot, shade structure, barbeques, splash pad, and public restrooms. The park is anticipated to open in late 2025.

The name being proposed by LOC for this park is Glenn Duncan Town Center Park. LOC would like to acknowledge a nd commemorate former Council Member Glenn Duncan for over 30 years of dedicated community service and for significantly contributing to improving the quality of life in the City of Chino. He was instrumental in the planning and approval of The Preserve d evelopment; therefore, LOC believes it would be fitting to honor former Council Member Glenn Duncan by naming this new park in the heart of The Preserve community after him.

On January 22, 2024, the Community Services, Parks & Recreation Commission met and voted unanimously in favor of recommending Glenn Duncan Town Center Park to be submitted to the City Council for adoption. At the Commission meeting, two residents stated their support for this recommendation. Staff is requesting City Council adopt Gle nn Duncan Town Center Park as the name for The Preserve Town Center park site.

Attachment: Park Naming Policy; Conceptual Site Design
278
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: NAMING OF PRESERVE TOWN CENTER PARK SITE.

PAGE: 3

279

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Euclid Avenue Storm Drain Extension Line “I”.
..end

RECOMMENDATION
..recommendation
1) Establish a new CIP project entitled “Euclid Avenue Storm Drain Extension Line “I” ; 2) appropriate $1,826,845 to the Storm Drain Fund (540) new project SD240, with a corresponding year end transfer from the reserves of the Fund 263 Preserve Storm Drainage Collection System Facilities Development Impact Fee (DIF) ; 3) award a Professional Services Agreement for $1,706,965 with P roactive Engineering Consultants Inc., Corona, CA for design and bid support services for Project SD240; 4) authorize the fee proposal for expenditures of up to $119,880 for project manageme nt services from Z&K Consultants Inc, Riverside, CA; and 5) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
This new project SD240- Euclid Avenue Storm Drain Extension Line “I” will reduce the 263 Fund Balance of The Preserve Storm Drainage Collection System Facilities Development Impact Fee by $1,826,845. There is sufficient 263 Fund Balance for this project.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning

Revenue:

Expenditure: 5407360 – 48001 | 48003 | 48004 |
48007-SD240
Transfer In: 5407360-50000 Transfer Out: 2631000-40001 280
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: EUCLID AVENUE STORM DRAIN EXTENSION LINE “I”.

PAGE: 2

BACKGROUND
The City of Chino solicited for professional services for the preparation of Plans, Specifications, and Estimate (PS&E) for the Euclid Avenue Storm Drain Extension-Line I Project.

Storm Drain (SD) Line I is a proposed storm drain facility identified in the Master Plan of Drainage (MPD) for both the cities of Chino and Ontario. SD Line I is located within Drainage Area I which is bound by Merrill Avenue to the north, Euclid Avenue to the west, and Pine Avenue to the south. This drainage area receives off-site flows from the city of Ontario through a storm drain system located at the intersection of Euclid and Merrill A venues. The total area for Drainage Area I, including onsite and offsite, is approximately 1,898 acres. Per the MPD, the proposed Line I is approximately 19,200 linear feet of proposed double 8’x8’ reinforced concrete box (RCB) along Euclid Avenue from Mer ril Avenue to Pine Avenue then south to an outlet at the Prado lakes.

In April 2022, during a comprehensive update of the Master Facilities Plan, which included an analysis of the existing Preserve storm drain collection system facilities projects and cost s, it was concluded that to handle a 100-year storm event per San Bernardino County Flood Control District (SBCFCD) standards, SD Line I is now proposed as a double 10’x8’ RCB drainage structure.

The overall proposed project scope of services under this contract includes:

1. Analysis of Storm Drain Alignment and Hydrology & Hydraulics (H&H) - utilizing the preliminary storm drain alignment in the MPD, the alignment, RCB size, and outfall locations will be evaluated prior to final design.

2. Ultimate Storm Drain Design and Outfall Location - based on the evaluation of the H&H analysis and SD alignment, the engineer will provide the final engineering design and construction documents for SD Line I.

On April 18, 2023, the City of Chino approved a Memorandum of Understanding with the City of Ontario for shared financing of the construction of SD Line I. Additionally, on March 13, 2023, the City of Chino and Ontario formally requested SBCFCD to cost share 50 -percent of the construction of SD Line I. A tri -party agreement amongst Cities of Chino, Ontario and SBCFCD is currently being reviewed and will be brought to City Council for approval at a later date. Once approved, a portion of the design cost will be reimbursable under this agreement. Staff recommends moving forward with the final design of SD Line I now to plan for the construction and connection of the storm drain facilities at the intersection of Euclid and Pine Avenues as part of the Pine Avenue Widening project (ST203), which is currently nearing final design.

ISSUES/ANALYSIS
Staff solicited Requests for Proposals (RFP) for professional consulting services for Design and Bid Support Services via Planet Bids. On October 26, 2023, the City closed the proposal window and received two (2) proposals. Staff evaluated and ranked the proposals based on the following criteria:
 qualifications of the firm including organization, experience, firm profile, personnel/staffing plan, project references
 understanding of the assignments, work plan
 demonstrated technical ability, as described in the RFP 281
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: EUCLID AVENUE STORM DRAIN EXTENSION LINE “I”.

PAGE: 3

Staff selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below.

RANK CONSULTANT LOCATION
1 PROACTIVE Engineering Consultants Corona, CA
2 FEI Associates Consulting Engineers Chino, CA

Staff recommends that the City Council appropriate $1,826,845 to the Storm Drain Fund (540) with a year end transfer from the Fund 263 Preserve Storm Drainage Collection System Facilities (DIF) reserves. Staff also recommends to the City Council to award a Professional Services Agreement for $1,706,965 to PROACTIVE Engineering Consultants Inc., Corona, CA for D esign and Bid Support Services for the Euclid Avenue Storm Drain Extension Line “I” Project. Additionally, staff solicited a fee proposal from Z&K, a prequalified on-call consultant for project management. Z& K submitted a fee proposal for $119,880. Staff requests authorization from the City Council for project management fee not -to-exceed $119,880 using an existing on- call consultant agreement with Z&K Consultants Inc, Riverside, CA.

Euclid Avenue SD Extension Line “I” Totals
Design Agreement $1,706,965.00
Project Management (10%) $119,880.00
Total Design Cost $1,826,845.00

Attachments - Exhibit A Project Location Map
Exhibit B Professional Services Agreement

282

EXHIBIT A

CITY OF ONTARIO

CITY OF CHINO

EUCLID STORM DRAIN

EDISON AVE

CHINO AVE

WALNUT AVE

MOUNTAIN AVE

GROVE AVE
Euclid Avenue Storm Drain Line “I”
City Boundary

EUCLID AVE
283
Project Name/No.: Line I Design Contract No.: ______________

Project Manager: PW/ M. Hindersinn Approved: ________________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

PROACTIVE ENGINEERING CONSULTANTS
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 6th day of February, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Proactive Engineering Consultants , 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 Req uest for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, 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 described herein. Consultant covenants that it shall 284
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follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes o f 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 governmental entity hav ing jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the r equirements 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 wa ges to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested 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 Failur e 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 each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 285
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by the DIR for the work or craft in which the worker is employed for any publ ic 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 C ode Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjur y, 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 Code 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 Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal 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 e ach 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 o r 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, Pa rt 7, Chapter 1, Artic le 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hours worked in 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 t o 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 will 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 contract 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 subcontrac tor's compliance, 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 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 m ay be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obli gation to pay for any fees, assessments and ta xes, 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 requi red 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 lev ied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered th e scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the fa cilities, 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 conditions 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 o f 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 i ncludes the provision 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 system, or other computer technology provided and/or ins talled 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 acknowl edges 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, studies 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 perf orm their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all a ctions 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 Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written app roval of the Consultant. Any increase in compe nsation 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 s pecifically 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 Servi ces 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 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 condition s 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 i n this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compe nsation” attached hereto a s Exhibit “C” and 288
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incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed One Million Seven Hundred Six Thousand Nine Hundred Sixty-Five Dollars and Zero Cents ($1,706,965.00) (the “Contract Sum”), unless addit ional 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 ta sks, (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 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 Compensati on. 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 original i nvoice for all work performed and expen ses 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 the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line i tems for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 289
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(e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall incl ude 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 agrees that due to City warrant run procedures, th e 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 and 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 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 bud get 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 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 are not fo rthcoming, or are otherwise limited, Ci ty 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 290
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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 time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unu sually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots , str ikes, freight e mbargoes, 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 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 fo r performing the services for the perio d 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 fi nal and conclusive 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, 2025, 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) One (1) year term extensions at the optio n of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized t o 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. 291
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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 the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclus ive direction and contro l 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 t his 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 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 Michele Hindersinn, PE, City of Chino Principal Engineer, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project M anager 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 City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the 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 contract or of City an d shall remain at all time s as to City a wholly independent contract or with only such obliga tions as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 292
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledg e, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole o r in part the services required hereunder without the express written approval of the City. In ad dition, neither this Agreement nor any in terest herein may be transferred, 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 tra nsfer, 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 sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, polici es of insu rance of t he 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 a t 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 sta ndard 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 co vering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 293
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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 ins urance to City as eviden ce of the insurance coverage require d herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with Ci ty 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) Duration of coverag e. Consultant shall proc ure a nd maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection 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 insurance. 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 insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (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 insura nce 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 insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation against City, it s elected or appointed officers, agents, o fficials, employees and volunteers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery 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 obligations 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 cove rage, limi ts or othe r 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 g iven 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 C onsultant. Any available insurance proceeds in excess 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 in surance 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) Additional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, officials, 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 herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured 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 Cons ultant, pr ovide 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 295
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of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in sub stantial 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 deductible. 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 this 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 addit ional kind s of insur ance, which in its own judgment 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 indemni fy, 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 liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any s uch claims or liabilities arising 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 negligent 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 exp enses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate simi lar indemnity agreements w ith its subcontra ctors and if it fails to do so Consultant shall be fully responsible to ind emnify 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 o r omission, or reckless or willful m isconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to 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 and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the 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 req uire 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 he reunder (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 c omplete 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 ma y be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall 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 297
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or 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 b y Consultant, its em ployees, 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 termi nation 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 fo r 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 qual ify 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 a t depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or 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. 298
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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 opportunit y 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, const rued 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 rel ation 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 litig ation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of 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 wh ich are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third par ties, by reason of Consultant’s acts or om issions 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 299
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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 t o 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 remedie s 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 wit h the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory cla im 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 p erformance 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 and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the 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 300
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Contract at any time, with or without cau se, upon thirty (30) days’ written notice to Consultant, except that where t ermination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to 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 c ease 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 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 w ith the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 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 par ty in su ch action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include 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 f or investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally l iable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 ex press 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 ensure that applicants are employed and that e mployees are treated durin g 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 w ork and/or services 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 with 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 e ither party desires or is required to gi ve to the other party or a ny other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 302
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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 notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments heret o is t he entire, 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 modifications 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 cont ained 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 sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its 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 participate in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association 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 303
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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 1091 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 valu e 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 ot her co nduct 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 par ty, (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:

PROACTIVE ENGINEERING
CONSULTANTS, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatu res required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

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

II. All work products are subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City unt il found satisfactory and accepted by City.
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01225.0001/863604.2 A1-1
EXHIBIT “A-1”
Scope of Services
Task 1 – Hydrology and Hydraulics
The deliverable is one final hydrology and hydraulic report for the drainage area properly sizing all catch basins, storm drain main, laterals, and above ground channel. All calcula tions will be performed per SBCFCD Standards. Calculations will be provided to support the sizing of the outlet structure at Prado Lakes, including analyses for energy dissipation measures, and 85th percentile and 2 -year storm event for the improved drop inlet structure.

A historical flow hydrology analysis will be performed to identify the hydrologic impacts of the different options to be evaluated under Task 2. This analysis will evaluate what stormwater runoff has historically discharged to the OCFCD property on the south side of Pine Avenue. This will be important in evaluating the alternatives in Task 2.

Submittals will take place at 30%, 65%, 95% (interim) and 100% stages as a report binder including the report, calculations, and drainage map as well as a digital PDF copy.

Deliverable(s): One final hydrology and hydraulics report in hardcopy and digital format (30%, 65%, 100%)
Task 2 – Feasibility Study

Q3 will prepare one feasibility study memorandum for the 5 options described in the Approach secti on.

Q3 will prepare a conceptual layout plan of each option, including layout and typical cross -sections with standard details and standard specifications.

Existing utilities will be shown per the responses from the first utility notification letters. Facility Ma p Request (FMR) letter to all utility owners identified as po tentially impacted by the proposed project improvements and utilize the collected facilit y maps and/or ‘as -built’ plans to develop the preliminary Utility Map. Preliminary research shows a minimum of eleven utility owners with facilities potentially within the project limits:

Utility Owner Facility Type
1 City of Chino Potable Water/ Sanitary Sewer
2 City of Ontario Potable Water/ Sanitary Sewer
3 Jurupa Community Services (JCS) Potable Water/ Sanitary Sewer 4 Inland Empire Utilities Agency (IEUA) Reclaimed/ Recycled Water Trunlines 5 Santa Ana Watershed Project Authority (SAWPA) HP Brineline/ Trunklines 6 Crown Castle (CC) OH & UG Communication Lines
7 Charter/ Spectrum (CHTR) OH & UG Communication Lines
8 Frontier (FTR)

OH & UG Communication Lines
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9 Southern California Edison (SCE) OH & UG Electric Trans, Dist & Telecom 10 Southern California Gas Company (SCG) Transmission & Distribution GLs 11 Chino Institute for Men Domestic Water Lines
Q3 will obtain records of any existing third-party leases or licenses that may be affected by the proposed design options to identify potential acquisition or easement impacts resulting from the design. Property rights requirements may in clude a combination of permitted rights, perma nent acquisitions, and/or temporary construction easements (TCEs) from the same underlying property owner.

Q3 will prepare a preliminary engineer’s estimate of probable costs based on unit costs provided by the city and the la test construction bids for similar projects. Conceptual costs for right -of-way/easement acquisition, traffic control, staging, and shoring will be included. The intent is to fully capture all elements and avoid any “surprises” once the project moves to the final design phase.

Q3 will develop a comparative matrix that defines the configuration, cost, right -of-way, environmental, construction and permitting timeline, existing utility impacts, permitting, and hydraulic efficiency of each alternative.

Deliverable(s): One feasibility study memorandum in digital format including comparative matrix, cost estimate, and conceptual plans.

Task 3 – Survey
Base Map – Q3 will conduct research and the field measurements necessary to re -trace the centerli ne and right of way of Euclid Avenue within the project limits. Survey monuments located and indicated on the survey shall be limited to existing centerline monuments along the streets as indicated. All research will be limited to available public records.

Aerial Topography – Q3 will provide aerial topography and existing plan imetric data for the project site. The topography will be compiled at a scale of 1”=40’, with 1 -foot contour intervals. Perform the necessary fieldwork to establish g round control for the aerial. Unless requested otherwise, the c ontrol will be based on California State Plane coordinates, NAD83, Zone V, and available City of Chino benchmarks, NGVD29 datum.

Supplemental Topography – Q3 will perform field survey cross -sections at 25 -foot intervals along Euclid Avenue, within the project limits. Visible indica tions of surface utilities or structures lying within the project limits will be located, as will accurate lid/rim elevations for drainage structures present. Q3 will obtain the applicable encroachment permits or right-of-entry permits from San Bernardino County.

Legal Descriptions – Q3 will prepare legal descriptions and exhibits to accompany the dedication of the additional right -of-way areas and temporary construction easements within the project li mits. The documents will be prepared and stamped by a Pr ofessional Land Surveyor and provided to the client for attachment to documentation provided by others. It is estimated that two dedication documents and two temporary construction easement documents will be required for this effort.

Deliverable(s): One AutoCAD drawing file with the topographic line work for the limits of work; Two legal descriptions and exhibits for dedication and temporary construction easements.

Task 4 – Geotechnical Design Report and Other Field Studies Sub-consultant Converse will perform pavement and soil investigations along the preferred project alignment. Exploration to include twenty-four (24) borings, 15 at a depth of 30 feet along Euclid Ave, 5 within the Regional Park at a depth of 20 feet, and 4 percolation tests at a depth of 10 feet along the project alignment.
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Sub-consultant Converse will prepare a geotechnical design report to provide design recommendations, including:
▪ Seismic Parameters based on 2022 CBC
▪ Table listing location and existing pavement thicknesses (if encountered) ▪ Geotechnical parameters for storm drain design
▪ Allowable soil bearing capacity
▪ Static and Seismic lateral earth pressures
▪ Excavatability of the soil along the storm drain alignments ▪ Storm drain RCB subgrade preparations recommendations ▪ Temporary trench slope stability evaluation
▪ Recommendation for protecting existing utilities if located within close vicinity of the proposed storm drain alignment
▪ Structural backfill recommendation
▪ Shoring design recommendation
▪ Storm drains trench backfill recommendations
▪ Pavement structural section based on the traffic index provided by the City of Chino

Sub-consultant Converse will coordinate with Caltrans and the County of San Bernardino to secure permitting for the exploratory investigations.

Deliverable(s): One (1) geotechnical design report, including log of test borings and infiltration tests, in PDF format (65% and 100% submittals)

Task 5 – Research
Q3, supported by subconsultant EPIC, will prepare and issu e a Utility Verification Letter (UVL) to the utility own ers for the owner’s review for correctness of the description and depiction of the utility facilities delineated on the Utility Plan. Q3 will update the Utility Plan per the utility owners’ responses to the UVLs.

To supplement the responses to the UVLs, Q3 will coordinate with a qualified vendor to perform up to 20 Positive Utility Locating (Potholing) and up to two days of Ground Penetrating Radar (GPR) to identify potholing locations that are not clearly defined by surface appurtenances or visual survey.

The RFP timetable assumes that the proposed improvements will avoid conflicts with existing utility facilities. Q3 will collect utility owner protection in place standards to be added to the project specifications as required. Q3 will prepare and issue ‘No Conflicts’ to Owner letters (NCLs) on behalf of the project. Q3 will also prepare and submit a final Utility Plan.

Q3 will draft a composite utility plan exhibiting all existing utilities within the proposed construction area and all utilities affected by the proposed storm drain improvement. The plan should include above and below ground utilities, wet & dry utilities. The plan shall have a legend listing each utility symbol shown on the plan with a description of the conduit o r pipe material and the name & address of the utility company contact person.

Deliverable(s): Three utility notification letters including maps in PDF format; one (1) composite utility plan in CAD and PDF format; one (1) potholing report (8-1/2”x11”) report in PDF format.

Task 6 – Permitting
CEQA Initial Study / Mitigated Negative Declaration (IS/MND) – Q3, supported by Subconsultant RVA, will prepare supporting environmental documentation for an Initial Study/ Mitigated Negative 309

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Declaration to satisfy the CEQA requirements. Specifically:
▪ Technical studies including Focused Surveys for least Bell’s vireo (LBVI), Burrowing Owl Survey, Biological Resources Assessment/Jurisdictional Delineation, Cultural Resources, Air Quality and Greenhouse Gas, Noise Impacts. AB52 consultation is not anticipated or included. ▪ Written responses to 2 rounds of comment letters or emails submitted to the City. ▪ CEQA required notices for City to review and assist with all noticing and p osting requirements, including with the San Bernardino County Clerk and the State Clearinghouse. We anticipate that the City will lead the public outreach efforts.

USACE NEPA Environmental Assessment (EA) – Q3, supported by Subconsultant RVA, will prepare an Administrativ e Draft Environmental Assessment (EA) to determine if th e Project will have a significant effect on the environment, using USACE LA District procedures and policies, which will contain a description of the Project as it pertains to the Sect ion 408 permission and Section 404 permit, the Project location, and a description of the environmental setting of the Project site.

Regulatory Permitting and SBCFCD Encroachment Permit – Q3, supported by Subconsultant RVA, will prepare the necessary permit application pa ckages and supporting documents in order to obtain the necessary permits and agreements for the project which include Section 408 for all modifications to the Congressionally authorized and constructed US Army Corps of Engineers (USACE) pro ject, 404, 401, 1602 permits, as well as Count y encroachment permits. County and USACE real estate approvals will also be required. Q3 will submit the application through the County’s Permitting Portal (EZOP).

Deliverable(s): Final IS/MND and Notice of Determination; Filing for Sections 408, 404, 401, and 1602 Permits; Filing for SBCFCD Encroachment Permit.

Task 7 – Prepare Plans, Specifications, and Estimates (30%, 65%, 95% (Interim) and 100%)

Improvement Plans – Q3 will prepare improvement plans, as follows:
▪ Storm drain improvement plan that includes plan and profile. Will also include stationing and elevations of junction structures, catch basins, and laterals. Includes junction structures from existing storm drain laterals.
▪ Street improvement plans, including paving, accessibility, striping and signing to restore existing infrastructure in kind within the limits of work. Plans and details will be per existing record drawings. The plans will also show any utilities, utility appurtenances, and any adjustments or relocations of existing utility boxes and the limits of pavement replacements. 20-foot scale blowup details will be created for the crossings at Kimball Ave, Bickmore Ave, Pine Ave, and as Line I crosses Euclid Ave.
▪ Traffic signal modification plans to replace existing infrastructure. Annotated record drawings will be consistent with the standards and requirements of the City, California Manual on Uniform Traffic Control Devices (MUTCD), and Caltrans.
▪ Civil Improvement Plan:
o Existing control and demolition plan with plan and excavation paylines identifying utilities to be protected in place.
o Precise grading plans with typical cross-sections to allow for positive drainage in the improved channel (Kimball to Bickmore), drainage swale along the proposed alignment within the limits of work.
o Erosion and sediment control plan to identify BMPs listed as part of the SWPPP. Details to include CASQA standard BMPs.
▪ Structural improvement plans will be prepared for structural design for wing walls, aprons, cutoff 310

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walls, junction and transition structures. The proposed RCB will generally follow Caltrans Standard Plan D81 and D83A. Structural Calculations will be performed for any non-standard features using AASHTO LFRD Design Specifications.
▪ Landscape and Irrigation Plan within the limits of the project to replace the existing landscape in kind. Using the existing record drawings, plan will include an irrigation plan and details, and planting plan and details on standard sheets. Irrigation plans will include water-conserving irrigation design, calculations and details to meet local codes and criteria. ▪ Construction staging and traffic control plans with detour routes, and locations for staging per phase.
▪ Title sheet with location map, general notes and abbreviations, construction notes, and contact information.
▪ A matrix of comments will be updated with resolutions as the project progresses. The matrix of responses to comments will be attached to each submittal.

Specifications will be based on the most current City boilerplate Bid Package and the Greenbook for this specific project and include anticipated project quantities. Proposed modifications will be redlined.

Q3/PEC will prepare an engineer’s estimate of construction quantities and an opinion of probable construction cost using industry-standard unit costs, ENR construction costs, and available City cost database.

SWPPP and Permit Registration Documents. The City will be the legally responsible party.

Public Transportation Project WQMP. Full trash capture devices may be specified, at the discretion of the City.

Deliverable(s): Three sets of improvement plans at 30%, 65%, 95% (interim) and 100% on bond paper; one set of stamped mylars; three bound copies of specifications and engineer’s estimate of probable costs at 65% and 100%

Task 8 – Meetings

Q3 will arrange monthly progress status and coordination meetings throughout the life of the project with the City (30%, 65%, 95%, 100%, and pre-construction). In addition, Q3 anticipates two coordination meetings with SBCFCD.

Deliverable(s): Progress updates (up to 12); Progress meeting agenda and minutes (up to 12)

Task 9 – Bidding Assistance

A budget of 80 hours to be billed on a time and material basis is assumed for this task. Bidding assistance may include responding to City Staff RFIs, preparation of the bidding documents, attending pre-bid meetings, and responding to RFIs.

Deliverable(s): As needed by the City

Task 10 – Construction Support Services

A budget of 320 hours to be billed on a time and material basis is assumed for this task. Construction 311

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administration support may include responding to construction staff and/or contractor RFIs, construction specifications, bid support, and record drawings.

Deliverable(s): As needed by the City

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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 approva l of th e Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

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

IV. The total compe nsation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”
Task 1 – Hydrology and Hydraulics
Historical hydrology $33,612.61
Hydraulics $77,042.47
Report $19,916.00
Subtotal Task 1: $130,571.08

Task 2 – Feasibility Study
Utility Research (Under Task 5)
ROW Investigation $24,587.09
Preliminary Cost Estimate $12,708.00
Exhibits (x5) $13,484.00
Comparative Matrix $12,700.00
Feasibility Memorandum $13,520.00
Subtotal Task 2: $76,999.09

Task 3 - Survey
Base Map $11,788.00
Aerial Topography $28,650.00
Supplemental Topography $47,784.00
Legal Descriptions $16,400.00
Subtotal Task 3: $104,622.00

Task 4 – Geotechnical Report
Geotechnical Investigations and Report $131,569.85
Subtotal Task 4: $131,569.85

Task 5 - Research
Three Utility Notification Letters $35,510.84
Composive Utility Plan $7,032.00
Potholing (20 Potholes) $42,736.00
Subtotal Task 5: $85,278.84

Task 6 – Permitting
CEQA IS/MND $149,532.00
USACE NEPA $60,570.00
401 Permit $19,182.00
404 Permit $19,648.00
1602 Permit $19,910.00
Section 408 Permission $62,338.00
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SBCPW Encroachment Permit $23,212.00
Subtotal Task 6: $354,392.00

Task 7 – PS&E (30, 65, AND 100% CDs)
General Sheets (3 sheets) $22,676.00
SD Plans $146,186.75
Street Improvements (Pavement, accessibility, S&S) $77,312.19 TS Modification Plan $3,628.00
Existing Control and Demo Plan $53,116.00
Precise Grading Plans $54,924.00
Erosion Control Plans $24,524.00
Structural Improvement Plan $74,466.72
Landscape and Irrigation Plan $68,872.00
Construction Staging/Traffic Control Plans $40,668.11 Technical Specifications $38,332.61
Engineer’s Estimate $39,672.00
SWPPP/PRDs $13,692.00
WQMP $11,356.00
Subtotal Task 7: $669,426.37

Task 8 – Meetings
Monthly Coordination Meetings (12) $35,238.30
Milestone Meetings (5) $20,220.00
Subtotal Task 8: $55,458.30

Task 9 – Bid Support Services
Procurement/Bid Support $18,986.86
Subtotal Task 9: $18,986.86

Task 10 – Construction Support Services
Construction Admin $64,676.42
Record Plan and Closeout $14,984.00
Subtotal Task 10: $79,660.42

Total Professional Fee: $1,706,964.81

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work produ cts timely in accordance with the schedule attached hereto as Exhibit “D-1”.

II. The Project M anager may approve e xtensions for performance of the s ervices in accordance with Section 3.2.
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EXHIBIT “D-1”

SCHEDULE

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award of Contract – Yorba Avenue Street Improvements Project (ST233) and Local Street Rehabilitation FY2024 Project (ST241).

..end

RECOMMENDATION
..recommendation
1) Appropriate $1,021,174 to the Transportation Fund 320 for Project (ST233) Yorba Ave Street Improvements, with two corresponding year end transfers from the reserves of these two funds; General Fund 100 for $981,174 and Fund 220 Bridges/Signals/Thoroughfare for $40,000, for a revised project budget of $1,471,174; 2) appropriate $449,040 to the Transportation Fund 320 for Project (ST241) Local Street Rehabilitation FY2024, with a corresponding year end transfer from the re serves of the General Fund, for a revised project budget of $2,886,040; 3) award a construction contract to Hardy & Harper, Inc., Lake Forest, CA, for the Yorba Avenue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241) for an amount not to exceed $3,195,550 and authorize up to $319,555 (10% of the contract amount) for project contingencies; 4) award a professional services agreement to GeoTek Inc., Corona, CA, for geotechnical services for the Yorba Aven ue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241) for an amount not to exceed $53,826; 5) authorize expenditures of up to $160,260 for construction management services, and $10,000 for overtime insp ection costs for the Yorba Avenue Street Improvements Project (ST233) and the Local Street Rehabilitation Fiscal Year 2024 Project (ST241); and 6) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
The fiscal impact by awarding the contracts listed above for Projects ST233 and ST241 will reduce the reserves of the General Fund 100 balance by $1,430,214, and Fund 220 Bridges/Signals/Thoroughfare by $40,000. The City received a $440,000 cash payment from Yorba XC, LLC (developer) for the Yorba Avenue Street Improvements Project ST233 in lieu of the improvement performed by the developer. The City appropriated $400,000 of $440,000 from the developer to Project ST233 during the budget process in Fiscal Year 2022 -23. The remaining $40,000 is being appropriated to Project ST233 with this Council action. There is sufficient fund balance in both Fund 100 and Fund 220 for this purpose.

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TITLE: AWARD OF CONTRACT - YORBA AVENUE STREET IMPROVEMENTS PROJECT (ST233) AND LOCAL STREET REHABILITATION FY2024 PROJECT (ST241).

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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

Revenue:

Expenditure: 3207100 – 48005 | 48009 – ST233
1000000 – 48005 | 48009 - ST241
Transfer In: Transfer Out:
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TITLE: AWARD OF CONTRACT - YORBA AVENUE STREET IMPROVEMENTS PROJECT (ST233) AND LOCAL STREET REHABILITATION FY2024 PROJECT (ST241).

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BACKGROUND
Yorba Avenue Street Improvements - Project ST233
In 2021, the City Council approved a General Plan Amendment, Zone Change, and the related environmental Mitigated Negative Declaration for the Yorba XC Project (“Development Project”) following a recommendation of approval from the Planning Commission. The Project consists of two separate site approvals for the construction of a two -story administrative office building for the Chino Valley Unified School District located at 13461 Ramona Avenue and for the construction of a 325,300 square-foot industrial building located at 13404 Yorba Avenue. During the private development project entitlement process, members of the Planning Commission and the City Council expressed truck traffic safety concerns on Yorba Avenue and adjacent local streets around the project a rea. The City Council also expressed concerns about lack of street improvements along Yorba Avenue to support the proposed industrial building.

The developer and staff discussed additional options and/or modifications to the industrial project and Yor ba Avenue roadway that could be implemented to address the Planning Commission and City Council’s truck traffic concerns. Based on the discussions, the developer was able to provide additional detailed analysis/information related to truck traffic and the Yorba Avenue roadway design to address the concerns without changing the project design/scope.

The Project was ultimately approved by unanimous vote on September 7, 2021, by the City Council.

As part of the entitlement, the developer agreed to pay the Cit y $240,000 for its fair -share cost of the improvements of the west side of Yorba Avenue within the existing right-of-way which had been planned to be completed by the City’s Capital Improvement Program (CIP). The developer also contributed an additional $ 200,000 to the City to fund a portion of the improvements necessitated by their project at the intersection of Yorba and Schaefer Avenues.

Currently, the City is moving forward with the Yorba Avenue Street Improvements from Chino to Schaefer Avenues (“Pro ject ST233”). The Project scope includes sidewalk connectivity, curb and gutter installation, and asphalt pavement rehabilitation along the existing residential developments north of the planned project frontage. It also includes the removal of non-City and City-owned trees to the south of the project site (along the west side of Yorba Avenue) and the widening and installation of asphalt pavement and berm along the roadway. An easement for public sidewalk purposes will be dedicated to the City by the proper ty owner located at 13386 Yorba Avenue before the construction of the sidewalk and drive approach along the property’s frontage. Interim improvements are also being constructed with this project to enhance truck turn movements at the intersection of Yorba and Schaefer Avenues.

Additionally, the streets within the industrial areas adjacent to Yorba Avenue were identified as deficient and added to the pavement rehabilitation for Project ST233.

Local Street Rehabilitation Fiscal Year 2023-24 - Project ST241 The City Council held a workshop on June 13, 2023. City staff presented recommendations from the City’s Pavement Management Inventory Program (“Program”) to target a citywide Pavement Condition Index (“PCI”) of 75. To meet the target PCI, the Program fo recasts annual expenditures of approximately $11.8 million per year over the next five years. The adopted City budget for pavement management projects allocates approximately $5 million per year with primary sources of funding from Measure I and the Road M aintenance and Rehabilitation Account (“RMRA”) revenues. Therefore, a shortfall of approximately $7 million per year was identified to achieve acceptable street conditions. The Council directed staff to devise a CIP 321
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plan to spend an additional $21 million during the next two fiscal years to achieve the targeted street conditions, including alleys, throughout the City.

Accordingly, on July 6, 2023, staff presented the Citywide Pavement Rehabilitation Project – Phase 1 to the Streets Infrastructure Committee. Due to the challenge of completing pavement rehabilitation projects meeting the City’s Policy on Accessible Facilities in the Public Right of Way in a timely and cost -effective manner, staff proposed a pilot program to coordinate the design and build e fforts. The program approach utilizes existing City standard ramp designs with layouts customized to each intersection, reducing the design lead time. The work is further separated into two stages with a contract for concrete work and a contract for the a sphalt work to follow. Staff presented the pilot program to the City Council on July 18, 2023, and received support to move forward.

The City’s on -call contractor and contract inspector successfully completed accessibility ramp improvements on 7th Street between “D” Street and Washington Avenue as part of Phase I of the pilot program. The City is ready to move forward with the street rehabilitation surrounding these ramp improvements and other streets identified for rehab in nearby areas identified with the Local Street Rehabilitation Fiscal Year 2024 Project (“Project ST241”).

ISSUES/ANALYSIS
Plans and specifications were prepared for the construction of Project ST233, and a Notice Inviting Bids was published both locally, and in regional trade publica tions, and on the Planet Bid web-based bid system on September 14, 2023.

Staff issued an addendum to include Project ST241 in the Notice Inviting Bids. The addendum also updated the bid item list to include an “Alternative Bid” list to potentially reach a more competitive price for several bid items.

On November 15, 2023, at 10:00 a.m., two (2) bids were received and opened, the following results include the top contractors with the “Alternative Bid” price:

Bid Amounts
Company Location ST233 ST241 Total
Hardy & Harper, Inc. Lake Forest, CA $1,143,200 $2,052,350 $3,195,550 All American Asphalt Corona, CA $1,314,421 $2,071,626 $3,386,047

The lowest, responsible, responsive bid was submitted by Hardy & Harper, Inc., Lake Forest, CA, as shown in the table above for a total amount of $3,195,550. Staff subsequently reviewed the contractor’s licensing, bonding, references, and list of subcontractors submitted for the project, and found all bid submittal documentation to be in order.

All contract docume nts have been reviewed by the City Attorney’s Office and found to be in order.

The estimated project construction costs are itemized below:

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Project Task Vendor Project ST233 Project ST241 Totals
Construction Hardy and Harper Inc.,
Lake Forest, CA
$1,143,200 $2,052,350 $3,195,550
Construction
Management
Z&K Consultants Inc.,
Riverside, CA
$51,620 $108,640 $160,260
Overtime Inspection City Staff $5,000 $5,000 $10,000
Geotechnical
Services
GeoTek, Inc.,
Corona, CA
$26,913 $26,913 $53,826
10% Contingency (1) As allowable per the
Public Contract Code
$114,320 $205,235 $319,555
EST. PROJECT

COST TOTAL
$1,341,053 $2,398,138+ $3,739,191
Note: (1) Note that, as in all the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public w orks construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay on a construction project.

Staff recommends the following as summarized above:

1. Awarding a construction contract to the low bidder Hardy & Harper, Inc., Lake Forest, CA, in an amount not to exceed $3,195,550, with contingency costs of $319,555

2. Award a professional services agreement to GeoTek Inc., Corona, CA, for geotechnical services in an amount not to exceed $53,826

3. Authorize construction management fee not to exceed $160,260 using an existing on - call consultant agreement with Z&K Consultants Inc., Riverside, CA

4. Authorization of expenditures up to $10,000 for overtime city staff inspection costs.

This project is exempt from the California Environmental Quality Act (CEQA) according to Section 15301(c) of the CEQA Guidelines - Existing Facilities, which includes the operation, repair, and maintenance of highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and other similar facilities.

Attachments – Project Map
Hardy & Harper, Inc. Agreement
GeoTec Inc. Agreement

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Contract No.:

Approved:

AGREEMENT

“YORBA AVENUE STREET IMPROVEMENTS PROJECT(ST233) & LOCAL STREET REHABILITATION PROJECT (ST241)”

THIS AGREEMENT is made and entered into this 6th day of February, 2024 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Hardy & Harper, 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 “YORBA AVENUE STREET IMPROVEMENTS PROJECT(ST233) & LOCAL STREET REHABILITATION PROJECT (ST241)” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

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

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Million One Hundred Ninety-Five Thousand Five Hundred Fifty Dollars and Zero Cents ($3,195,550.00) for completion of the contract work.

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

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

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid 325

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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 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 ha ve been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corpor ation, 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. 326

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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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 Hye Jin Lee, Director of Public Works

CONTRACTOR

Dated: By:

(Signature)

Name:
(Please Type or Print Name)

Title:

(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

328
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
GEOTEK, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 6th day of February, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and GeoTek, 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 for Proposals o r Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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 thorough, 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 described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 329
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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 governmental entity hav ing jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, 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 Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested 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 each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 330
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(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 Code 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 Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal 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 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, Pa rt 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by 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.”
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will 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 contract 331
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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 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 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 Agreement.

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 executing 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 facilities, 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 conditions 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, 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 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.

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, studies and/or other com ponents thereof to prevent losses or damages, and shall be 332
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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 Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written 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 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 condition s 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 incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Fifty-Three Thousand Eight Hundred Twenty -Six Dollars 333
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and Zero Cents ($53,826.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the 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 include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City .

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to 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 original 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 the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. (e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified 334
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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 agrees 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 and 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 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 bud get 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 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 are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall 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 335
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Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unu sually severe weather, 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 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 two (2) one (1) year terms at the option 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 were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoin g principals shall be resp onsible during the term of this Agreement for 336
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directing all activi ties 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 exclus ive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the 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 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 Michele Hindersinn, City of Chino P rincipal Engineer, or any ot her person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project M anager 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 City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the 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 contract or 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 or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 337
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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 Agreement. 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 transferred, 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 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 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 & omissions) 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. 338
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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 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) Duration of coverage . Consultant shall proc ure a nd maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection 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 insurance. 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 insurance 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 insurance 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 obligations 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 excess 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 cancellation (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, officials, 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 herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured 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 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 340
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of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and 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 this 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 judgment 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 liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or 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, including 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 performance 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 and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the 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 access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall 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 342
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or 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 interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or 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. 343
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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 continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of 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 losses, 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 344
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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 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 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 and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the 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 345
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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 is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to 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 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 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 provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 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 granted, 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 investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be 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 of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 services 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 with 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 person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 347
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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 modifications 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 financial 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 348
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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 1091 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 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 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:

GEOTEK, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatu res required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
350

01225.0001/863604.2 A-1
EXHIBIT “A”

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

II. All wor k pr oduct is subject to review and acceptance by the City, and mu st be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
351

01225.0001/863604.2 A1-1
EXHIBIT “A-1”

Yorba Avenue Street Improvements Project (ST233)
Project Description
The current progress of the design includes, but not limited to, removal and dispose of existing landscaping, PCC and AC pavement, per the Project Plans. Construction of AC pavement over compacted base, PCC sidewalk, curb, and gutter per Project Plans.

Scope of Work
Geotechnical Engineering Services are to include, but are not limited to, the following:
• Geotechnical Observation
• Laboratory Testing; typical but not limited to
o 2 subgrade samples to get max density for trench and street pavement base. o 1 Base Material sample to determine quality and max density. o 1 AC material sample to determine quality and max density. o 1 set of concrete cylinder tests for the street gutters for quality and strength. o 45 half days (180 hours) of field material compaction testing to verify subgrade/base/AC testing. Days of testing to be set by CM based on scheduled construction activities to get representative sample of the job’s quality of work. • Report Development (e.g. Trench Compaction Report, Materials Testing Final Report, etc.)
• Field Services
• Daily Inspection Reports
• Report to City’s Construction Manager/Inspector

Street Rehabilitation FY2024 Project (ST241)
Project Description
The current progress of the design includ es, but no t limited to, removal and dispose of existing AC pavement, per the Project Plans. Construction of AC pavement over compacted base per Project Plans.

Scope of Work
Geotechnical Engineering Services are to include, but are not limited to, the following:
• Geotechnical Observation
• Laboratory Testing; typical but not limited to
o 2 subgrade samples to get max density for trench and street pavement base. o 1 Base Material sample to determine quality and max density. 352

01225.0001/863604.2 A1-2
o 1 AC material sample to determine quality and max density. o 1 set of concrete cylinder tests for the street gutters for quality and strength. o 45 half days (180 hours) of field material compaction testing to verify subgrade/base/AC testing. Days of testing to be set by CM based on scheduled construction activities to get representative sample of the job’s quality of work. • Report Development (e.g. Trench Compaction Report, Materials Testing Final Report, etc.)
• Field Services
• Daily Inspection Reports
Report to City’s Construction Manager/Inspector

353

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

354

01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

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

V. The total compe nsation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
355

01225.0001/863604.2 C1-1
EXHIBIT “C-1”
PROJECT ST233

TASK QTY RATE TOTAL ASSUMPTIONS

SPECIAL INSPECTION AND TESTING SERVICES
Soils/Asphalt/Concrete
Inspection
180 Hours $ 135.00 $ 24,300.00 Includes compaction testing of subgrade, base, asphalt, concrete placement -
includes forty-five (45) ½ days per IFB
Sample Pick Up 2 Each $ 100.00 $ 200.00 For Subgrade and base SUBTOTAL: $ 24,500.00

LABORATORY SERVICES
Maximum Density Curve 2 Each $ 219.00 $ 438.00 Representative samples of onsite materials Marshall Density Curve 1 Each $ 337.00 $ 337.00 Representative samples of onsite materials Compressive Strength of
Concrete Cylinders
4 Each $ 35.00 $ 140.00 1 set of 4 cylinders every 150 yards

PROFESSIONAL AND ADMINISTRATIVE SERVICES
Certified Payroll 2 Month $ 125.00 $ 250.00 Based on 2 months of field inspection Principal/Project Engineer 6 Hours $ 208.00 $ 1,248.00 Lab report review and final report SUBTOTAL: $ 1,498.00

GRAND TOTAL: $ 26,913.00
356

01225.0001/863604.2 C1-2

PROJECT ST241

TASK QTY RATE TOTAL ASSUMPTIONS

SPECIAL INSPECTION AND TESTING SERVICES
Soils/Asphalt/Concrete
Inspection
180 Hours $ 135.00 $ 24,300.00 Includes compaction testing of subgrade, base, asphalt, concrete placement -
includes forty-five (45) ½ days per IFB
Sample Pick Up 2 Each $ 100.00 $ 200.00 For Subgrade and base SUBTOTAL: $ 24,500.00

LABORATORY SERVICES
Maximum Density Curve 2 Each $ 219.00 $ 438.00 Representative samples of onsite materials Marshall Density Curve 1 Each $ 337.00 $ 337.00 Representative samples of onsite materials Compressive Strength of
Concrete Cylinders
4 Each $ 35.00 $ 140.00 1 set of 4 cylinders every 150 yards

PROFESSIONAL AND ADMINISTRATIVE SERVICES
Certified Payroll 2 Month $ 125.00 $ 250.00 Based on 2 months of field inspection Principal/Project Engineer 6 Hours $208.00 $ 1,248.00 Lab report review and final report SUBTOTAL: $ 1,498.00

GRAND TOTAL: $ 26,913.00

357

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance wi th the following schedule:
*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 o f services and adherence to approved task schedules.

II. The Project M anager may approve extensions for performance of the s ervices in accordance with Section 3.2.
358

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CURTIS BURTON

SUBJECT
..titl e
Community Support Fund – Council Member Burton.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $250 to Chino Kiwanis Club and $500 to Chino Police Officers’ Foundation.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
359
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER BURTON.

PAGE: 2

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

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

ISSUES/ANALYSIS
To continue this tradition, Council Member Burton recommends that the City Council approve the following contributions:
 $250 contribution to the Chino Kiwanis Club towards the 2024 Corn Feed Run . The Chino Kiwanis Club serves the Chino community through various services and Citywide fundraising projects.
 $500 contribution to the Chino Police Officers’ Foundation towards the 2024 Run for Russ 5K. The Chino Police Officers’ Foundation is dedicated to offer support to families and youth in the community.

By approving this contribution, the Chino Kiwanis Club and Chino Police Officers’ Foundation will be better equipped to prov ide services to our community and our youth. Therefore, as proposed by Council Member Burton, staff recommends that the City Council approve the community support contribution to the Chino Kiwanis Clu b and Chino Police Officers’ Foundation.

360

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CHRISTOPHER FLORES

SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to Chino Kiwanis Club and $500 to Chino National Little League.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
361
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.

PAGE: 2

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

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

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contributions:
 $500 contribution to the Chino Kiwanis Club which serves the Chino community through various services and Citywide fundraising projects.
 $500 contribution to Chino National Little League that p rovides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging environment while teaching the value of teamwork, the importance of sportsmanship, and leadership.

By approving this contribution, the Chino Kiwanis Club and Chino National Little League will be better equipped to provide services to our community and our youth. Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to the Chino Kiwanis Club and Chino National Little League.

362

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER MARC LUCIO

SUBJECT
..titl e
Community Support Fund – Council Member Lucio.
..end

RECOMMENDATION
..recommendation
Approve community support fund contributions to: Boy Scouts of America Troop 201 ($500), Chino American Little League ($500), Chino AYSO Region 67 ($500), Chino Girls Fastpitch Softball ($500), Chino High School Wrestling Program (Chino High School Sports Booster Club) ($1,000), Chino Hills PONY Baseball ($500), and Chino National Little League ($500).

..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2029
Transfer In: Transfer Out:
363
CITY COUNCIL MEETING DATE: FEBRUARY 6, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER LUCIO.

PAGE: 2

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

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

ISSUES/ANALYSIS
To continue this tradition, Council Member Marc Lucio recommends that the City Council approve the following contributions:
 Boy Scouts of America Troop 201 - $500: Supports a local boy s cout troop which supports local volunteer efforts while developing character, discipline integrity, and leadership skills.
 Chino American Little League - $500: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.  Chino AYSO (Region 67) - $500: Provides Chino youth a fun, family -friendly environment where kids can grow and develop not only their soccer skills but their leadership and social skills.
 Chino Girls Fastpitch Softball - $500: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball.
 Chino High School Sports Booster Club (Chino High School Wrestling Program) - $1,000: Teaches self -discipline, develops self -esteem, builds character, and creates a sense of pride for Chino High School through its organized wrestling team.  Chino Hills PONY Baseball - $500: PONY Baseball and Softball is designed to "Protect Our Nation's Youth" by providing experiences in youth baseball and softball that will help young people grow into healthier and happier adults. League boundaries include San Bernardino and Riverside Count ies, including bordering LA County cities (Diamond Bar and Pomona ), with eligibility for All Stars for only for residents in Chino Hills, Chino, Ontario, Pomona, Diamond Bar, and Eastvale.
 Chino National Little League – $500: Provides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging environment while teaching the value of teamwork, the importance of sportsmanship, and leadership.

By approving these contributions, these groups will be better equipped to provide services to our community. Therefore, as proposed by Council Member Marc Lucio, staff recommends that the City Council approve the community support contributions to: Boy Scouts of America Troop 201, Chino American Little League, Chino AYSO Region 67, Chin o Girls Fastpitch Softball, Chino High School Wrestling Program, Chino Hills PONY Baseball, and Chino National Little League.

364