Agenda packet — Chino City Council, May 21, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MAY 21, 2024

REGULAR MEETING
AGENDA
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

FLAG SALUTE

CEREMONIALS
National Public Works Week. Proclamation for National Public Works Week, May 19-25, 2024.

Retirement Recognition. James E. Jenkins, Director of Airports for San Bernardino County.

Business of the Month. Award of Business of the Month for May 2024 to M.K. Smith Chevrolet.

PRESENTATION
San Bernardino County Transportation Authority (SBCTA). Receive a Presentation from Dr. Raymond Wolfe, Executive Director, SBCTA.

AGENDA ADDITIONS/REVISIONS

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
1 CHINO CITY COUNCIL
MAY 21, 2024 2

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3 (b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

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

1. Warrants. Approve expenses as audited and within budget for warrants 770480 to 770748, and Electronic Fund Transfers 519232E to 519313E, totaling $6,523,702.22.

2. Minutes. Regular Meeting Minutes for May 7, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Property Tax Allocation for Annexation - LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3269 - Ramona Francis Annexation. Adopt Resolution No. 2024-023, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3269 (PL23-0014, Annexation).

5. Local Hazard Mitigation Plan Consultant Agreement. Award a contract to Integrated Solutions Consulting, Inc. in the amount of $78,750 for the purpose of updating the City of Chino’s Local Hazard Mitigation Plan.

6. Pine Avenue Improvements Project (ST203) - Professional Services Agreement with Moffatt & Nichol. Award a Professional Services Agreement in the amount of $362,810 to Moffatt & Nichol, Long Beach, CA, for Consulting Services for Environmental Compliance, Regulatory Permitting, Right of Way, and Utility Coordination.

7. Euclid Bridge Avenue Project (ST243) - Professional Services Agreement with Project Partners, Laguna Hills, CA for Project Management Services. Approve an appropriation of $426,000 from the Transportation Fund (320) backfilled by the General Fund (100) reserves with a corresponding increase to the project budget and award a Professional Services Agreement to Project Partners for $426,000.

8. Benson Reservoir Improvement Project (WA213) - Professional Services Agreement - Dudek, Encinitas, CA for Engineering Design and Bid Support Services. Award a Professional Services Agreement to Dudek for $694,851 for Engineering Design and Bid Support Services for the Benson Reservoir Improvement Project (WA213) and authorize expenditures up to $83,916 for project management services.

9. Acceptance of CalRecycle Used Oil Payment Program (OPP14) Grant funds. Authorize the acceptance of an award of funds from the State Department of Resources, Recycling and Recovery (CalRecycle) Used Oil Payment Program (OPP14) for $13,034. 2 CHINO CITY COUNCIL
MAY 21, 2024 3

10. Final Acceptance of Public Improvements for PL18 -0038 Special Conditional Use Permit, Tang & Sung Investment LLC (Wing Lee Farms ), located at 13625 Yorba Avenue. Accept public improvements as complete for PL18 -0038 Special Conditional Use Permit; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

11. Final Acceptance of Public Improvements for Site Approval PL16 -0671, G&SS Restaurant Corporation (Andy’s Burger ), located at 4616 Riverside Drive Avenue. Accept public improvements as complete for Site Approval PL16 -0671; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

NEW BUSINESS

12. Naming of Falloncrest Community Park Site. Approve "Stueve Family Park" as the name of the

6.99-acre public park located west of East Preserve Loop, south of the Southern California Edison (SCE) Easement, and north of Bickmore Avenue.

Staff Report By: Jeffrey Benson, Parks & Capital Projects Manager RECOMMENDATION: Adopt the name “Stueve Family Park” as the name of the new community park set to be part of the Falloncrest development.

13. Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23-24 Project (ST241) - Approve a Construction Contract with CT & T Concrete Paving Inc., Professional Services Agreement with Leighton Consulting, Inc., and Authorize Expenditures for Construction Management Services and Overtime Inspection Costs. Various approvals for the Transportation Right-of-Way ADA Improvements Project (ST173) and Street Rehabilitation FY 23-24 Project (ST241).

Staff Report By: Eduardo Diaz, Associate Engineer
RECOMMENDATION: Approve the 1) appropriation of $3,165,486 to the Transportation Fund (320) for the Street Rehabilitation FY2023 -2024 Project (ST241), with a corresponding year-end transfer in the same amount from the General Fund (100) reserves; 2) award a construction contract to CT&T Concrete Paving Inc., Diamond Bar, CA for the Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23 -24 Project (ST241) for $2,645,501.07 and authorize up to $264,551 (10% of the contract amount) for construction contingencies for a total amount not to exceed $2,910,052.07; 3) award a Professional Services Agreement with Leighton Consulting, Inc. Rancho Cucamonga, CA, for Geotechnical Engineering Services for the Transportation Right -of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241) for $54,223; 4) authorize expenditures of up to $191,210 for construction management services, and $10,000 for overtime inspection costs for the Transportation Right -of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241); and 5) authorize the City Manager to execute the necessary documents on behalf of the City. 3 CHINO CITY COUNCIL
MAY 21, 2024 4

14. Kimball Avenue Median Improvements Project. Approve a Cooperative Agreement between the City of Chino and San Bernardino County for the Kimball Avenue Median Improvements Project; Award a Construction Contract to Metrocell Construction and Professional Services Agreement with AESCO, Inc.

Staff Report By: Dennis Ralls, City Traffic Engineer
RECOMMENDATION: Approve the 1) establishment of a new CIP project entitled “Kimball Avenue Median Improvement Project ”, G7241 with a total project budget of $319,323.40; 2) appropriate $319,323.40 to the Transportation Fund (320), with a corresponding increase in grant revenue from the County of San Bernardino American Plan Rescue Act (ARPA) Funds and $4,999.40 backfill from the General Fund (100) reserves; 3) approve a Cooperative Agreement between the City of Chino and San Bernardino County to establish reimbursement obligations for the Kimball Avenue Median Improvements Project G7241 for $314,324; 4) award a Construction Contract for $250,399.40 to Metrocell Construction Inc., Ontario, CA for the Kimball Avenue Median Improvements Project and authorize up to $25,040 (10% of the contract amount) for construction contingencies for a total amount not to exceed $275,439.40; 5) approve a Professional Service Agreement with AESCO, Inc., Huntington Beach, CA for Geotechnical Engineering Services for the Kimball Avenue Median Improvements Project for $13,184; 6) authorize expenditures of up to $15,700.00 for construction management services, $10,000 for design services and $5,000 for overtime inspection costs; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.

15. Ordinance 2024-008 Adding Chapter 12.24, "Limitation on Use of City Property", to the Chino Municipal Code. Approve the introduction of Ordinance No. 2024 -008, an Ordinance of the City Council of the City of Chino, California, adding Chapter 12.24, Limitation on Use of City Property, to the Chino Municipal Code.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -008, to be read by number and title only and waive further reading of the Ordinance, adding Chapter 12.24, “Limitation on Use of City Property”, to the Chino Municipal Code, to permit the City to establish limits on access to City owned or controlled properties, to be established via Resolution.

ORDINANCE 2024 -008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER 12.24 (LIMITATION ON USE OF CITY

PROPERTY) TO THE CHINO MUNICIPAL CODE

16. Resolution Amending the City's Classification and Salary Schedule. Adopt Resolution No. 2024-024 amending the City’s Classification and Salary Schedule to add positions that will enhance the support of essential City services.

Staff Report By: Linda Reich, City Manager
RECOMMENDATION: Adopt Resolution No. 2024 -24 amending the Classification and Salary Schedule to add the following positions and appropriate funds in the FY 2024 -25 Mid-Term Budget: One (1) Sergeant; one (1) Corporal; two (2) Police Officer; one (1) Principal Engineer; two (2) Associate Engineer; one (1) Information Technology Analyst (GIS); one (1) Assistant Parks and Capital Projects Manager; one (1) Facilities Maintenance Technician; one (1) Human Resources and Risk Management Analyst; and one (1) Management Analyst (Administration/Economic Development).
4 CHINO CITY COUNCIL
MAY 21, 2024 5

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

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton

17. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chaffey College Foundation.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve a community support fund contribution of $375 to Chaffey College Foundation.

Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, June 4, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, May 16, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
National Public Works Week, May 19-25, 2024
..end
..body

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Retirement Recognition - James E. Jenkins, Director of Airports for San Bernardino County. ..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Award of Business of the Month for May 2024.
..end
..body

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Receive a Presentation from Dr. Raymond Wolfe, Executive Director, SBCTA. ..end
..body

10 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 770480 to 770748, and Electronic Fund Transfers 519232E to 519313E, totaling $6,523,702.22. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 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:
 Financial Stability

Revenue:

Expenditure:

Transfer In: Transfer Out:
11 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS DATE FY AMOUNT

1. 70480 4/22/24 23-24 $17,000.00

2. 770481 – 770617 4/25/24 23-24 $1,947,786.69

3. 770618 – 770748 5/2/24 23-24 $631,329.04

4. 519232E – 519281E 4/26/24 23-24 $2,486,390.57

5. 519282E – 519309E 5/3/24 23-24 $1,434,459.56

6. 519310E – 519313E 5/3/24 23-24 $6,736.36

E: Electronic Fund Transfer
TOTAL $6,523,702.22

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

RB:hm
Attachment

12 Council Meeting 5/21/24

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

Check
Number
Check Date Vendor Name Description Amount
770498 04/25/2024 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS-PRESERVE $142,296.23 770564 MERITAGE HOMES DIF REIMB STORM DRAIN $1,178,914.00 770585 PIPE TEC, INC. SEWER MAIN LINE REPAIR $92,900.00 770611 WASTE MANAGEMENT COLLECTION SERVICES $187,028.23 519239 04/26/2024 CALGON CARBON CORPORATION WATER TREATMENT $55,841.60 519242 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,395,000.00 519243 CIVICA LAW GROUP, APC LEGAL SERVICES $58,364.56 519258 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $65,380.74 519259 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 519261 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $57,553.02 519277 WATER FACILITIES AUTHORITY IMPORTED WATER $352,202.42 519281 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $293,942.37 770620 05/02/2024 ALL AMERICAN ASPHALT CITYWIDE SLURRY SERVICES $104,850.30 770629 C.E. MECHANICAL, INC. CITYWIDE HVAC REPAIRS $57,382.95 770664 HAZEN AND SAWYER EWTF EXPANSION $108,481.86
770721 RUSSELL & LAZARUS, APC RELEASE OF CLAIMS $150,000.00 519290 05/03/2024 FISHER SCIENTIFIC CO LLC CITY CONSIDERATION 1/1/24 - 3/31/24 $568,423.53 519295 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $762,396.82

18 TOTAL $5,684,116.13

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for May 7, 2024 (All Members Present). ..end
..body

14 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MAY 7, 2024

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

CALL TO ORDER
The May 7, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:00 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One

2. EXISTING LITIGATION: Stubbie Barr v. City of Chino
(San Bernardino Superior Court Case No. CIVSB 2323286)
The City Council recessed to Closed Session at 5:01 p.m. and concluded at 5:57 p.m. The City Council reconvened the meeting at 6:04 p.m.

FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance. 15 CHINO CITY COUNCIL
MAY 7, 2024 2

CEREMONIALS
National Mental Health Awareness Month. Proclaim May 2024 as National Mental Health Awareness Month.

Mayor Ulloa read into the record the Proclamation designating May 2024 as National Mental Health Awareness Month in Chino. Angie Garcia, Chino Community Services, Parks & Recreation Coordinator, and Kyoni Cummings, Education Coordinator, NAMI Greater Los Angeles County-Pomona Valley were present to accept the Proclamation.

Presentations
2024 Hall of Fame Award Recipient. Recognition of the 2024 Hall of Fame Award Recipient:

Glenn E. Duncan.

Mayor Ulloa called up Chino Valley Historical Society President Lynda Flathers and First Vice President Steve Halstead who presented the 2024 Hall of Fame Award for Mr. Glenn E.

Duncan. Mrs. Cindy Duncan and family were present to accept the award in memory and honor of Mr. Duncan. Mayor Ulloa announced the award would be displayed at the Chino Community Building.

Teen Advisory Committee. Recognition of the Teen Advisory Committee Members: Elena Rossen, Amy Dinh, Bridget Moore, Kendall Baldrias, Enrico Hernandez, Neil Jatakia, Kale Lo, Aurora Moore, Adrian Mora, Karisia Rojas, Ximena Tapia, and Isabella Zhong.

Mayor Ulloa called up Brissa Sanchez, City of Chino Community Services Parks and Recreation Coordinator, who presented certificates of recognition to City of Chino Teen Advisory Committee members.

Mayor’s Home Beautification Award. Presentation of Mayor’s Home Beautification Award for May 2024.

Mayor Ulloa announced the May 2024 Mayor's Home Beautification Award winner as Mary and Michael Ragland of Leticia Way in Chino, who were unable to attend the meeting to accept their award, but ensured staff will deliver their award to them.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One
Motioned by Council Member Lucio, seconded by Council Member Burton, to approved and authorize a settlement agreement with Bonadiman Water Inc. in the amount of $115,000, in exchange for a full release and waiver of any future claims for delay damages related to the Chino and Mountain Avenue storm drain project. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO NOES: NONE.

ABSENT: NONE.
16 CHINO CITY COUNCIL
MAY 7, 2024 3

2. EXISTING LITIGATION: Stubbie Barr v. City of Chino (San Bernardino Superior Court Case No. CIVSB 2323286)
The City Council received a brief update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

Bike Day is Saturday, May 11th, from 7:30 a.m. to 11:00 a.m. at Ruben S. Ayala Park in Chino.

This family -friendly event, presented by Healthy Chino and the Chino Police Department, promises fun for all ages with a special family bike ride. For more details, visit www.cityofchino.org/bikeday.

The American Legion Elmer C. Jertberg Post 299, in partnership with the City of Chino, is hosting their annual Memorial Day event on Monday, May 27, 2024, from 10:00 a.m. to 11:00 a.m. at the Community Building, 5443 B Street, to honor the brave men and women who have sacrificed their lives for our freedom. For more information, please contact the Carolyn Owens Community Center at 909-334-3258.

PUBLIC COMMENTS
Pastor Charlie Wong, CrossPoint Church Chinese Congregation, provided the invocation.

Todd Corbin, new Executive Director of Chino Basin Watermaster, provided an introduction.

Heather Parsons, Chaffey College, provided an update and announced the upcoming Chaffey College Foundation golf tournament.

Melissa Compani, Representative, Fourth District County Supervisor Hagman, announced updates and upcoming events hosted by Supervisor Hagman.

Mike Cargile, provided an introduction and spoke in opposition of the prison transfer at California Institute for Men.

Diane Boudreaux, Chino resident, asked the City Council to consider the Stark property $1 transfer from the State Department of Corrections to the State Department of Education/California Polytechnic University of Pomona Agriculture Program as an avenue to help preserve the City's agricultural roots.

Michael Gales, Chino resident, spoke in support of the Chino Police Department and thanked the Mayor for protecting the community.

Chino resident, expressed concern regarding truck traffic in The Preserve and requested information on the CIM petition.

Mayor Ulloa invited a student from Ontario Christian High School to the lectern for an introduction.
17 CHINO CITY COUNCIL
MAY 7, 2024 4

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 770160 to 770479, and Electronic Fund Transfers 519100E to 519231E, totaling $7,280,833.77.

2. Minutes. Regular Meeting Minutes for April 16, 2024 (All Members Present).

4. Notice of Completion - CDBG Alley Project (G6220). Accept the CDBG Alley Project (G6220), with Wheeler Paving, Inc., Riverside, CA, Contract No.2024 -074, as complete and authorize the Director of Public Works to file the Notice of Completion.

5. Vendor Cap Increase - Towner Filtration. Approve a vendor cap increase with Towner Filtration in the amount of $13,000 for a total not -to-exceed amount of $63,000 for the purchase of micron filter cartridges used in the water treatment process at the City’s water treatment facilities.

6. Vendor Cap Increase - CityGreen Consulting, LLC. Approve a vendor cap increase with CityGreen Consulting, LLC., in the amount of $14,250 for a total not -to-exceed amount of $64,250 for software program assistance under Senate Bill (SB) 1383 mandates for commercial properties.

7. Final Acceptance of Public Improvements for Tract Map No. 20172 - Pulte Homes Company, LLC, generally located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue in The Preserve Specific Plan area. Accept public improvements as complete for Tract Map No. 20172; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

8. Amendments to Memorandum of Understanding and Summary of Benefits. Approve Resolution No. 2024 -022 amending the Memorandum of Understanding for the American Federation of State, Country and Municipal Employees (AFSCME) and the Summary of Benefits for Unrepresented Sworn Management.

Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1-8 as presented. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

9. Traffic Signal Installation at Eucalyptus & Fern Project (TR240). Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996.

Staff Report By: Hye Jin Lee, PE, Director of Public Works 18 CHINO CITY COUNCIL
MAY 7, 2024 5
RECOMMENDATION: Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for Project TR240 - Traffic Signal Modification at Eucalyptus/Fern in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996; and authorize the City Manager to execute all necessary documents on behalf of the City.

Albert Espinoza, City Engineer, provided a presentation on the item.

Council Member Lucio spoke regarding the history of the project.

Council Member Burton asked when the project is anticipated to be completed and Hye Jin Lee, Director of Public Works, responded Spring of 2025.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for Project TR240 - Traffic Signal Modification at Eucalyptus/Fern in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996; and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa

10. Community Support Fund - Mayor Ulloa. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve community support fund contributions of $250 to American Cancer Society - Making Strides, $125 to Boy Scout Troop 201, $125 to Boy Scout Troop 205, $250 to Chino American Little League, $250 to Chino National Little League, $250 to Chino AYSO Region 67, $250 to Chino Youth Boxing Foundation, $250 to Chino Girls Fastpitch, $250 to Chino High School Sports Booster, $250 to Chino Kiwanis Club; $250 to Chino Neighborhood House, $250 to Chino Police Explorer’s Post #211, $250 to Chino Pop Warner, $250 to Chino Valley Soroptimist, $250 to Chino Youth Museum, $250 to Don Lugo High School Sports Booster, $250 to Food for Life Ministry, $250 to HOPE Family Resource Center, $250 to Isaish’s Rock, $250 to Rancho del Chino Rotary Club, and $250 to UChooz Positive Youth.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve community support fund contributions of $250 to American Cancer Society - Making Strides, $125 to Boy Scout Troop 201, $125 to Boy Scout Troop 205, $250 to Chino American Little League, $250 to Chino National Little League, $250 to Chino AYSO Region 67, $250 to Chino Youth Boxing Foundation, $250 to Chino Girls Fastpitch, $250 to Chino High School Sports Booster, $250 to Chino Kiwanis Club; $250 to Chino Neighborhood House, $250 to Chino Police Explorer's Post #211, $250 to Chino Pop Warner, $250 to Chino Valley Soroptimist, $250 to Chino Youth Museum, $250 to Don Lugo High School Sports Booster, $250 to Food for Life Ministry, $250 to HOPE Family 19 CHINO CITY COUNCIL
MAY 7, 2024 6
Resource Center, $250 to Isaish's Rock, $250 to Rancho del Chino Rotary Club, and $250 to UChooz Positive Youth. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Mayor Ulloa reported on the following meetings and events since the last meeting that included the Omnitrans Plans and Program Committee meeting; filmed Mayor messages; Volunteer Recognition dinner; KCAL news interview regarding California Institute for Men (CIM) concerns; Chino Valley Unified School District meeting to present a district award; Southern California Water Coalition Board of Director's meeting and quarterly luncheon; Zoom meeting regarding redistricting small communities; City Manager meeting; meeting with San Bernardino County Transportation Authority General Manager Ray Wolfe; The Preserve walking tour; Chino Desalter Authority Finance Committee meeting; Kiwanis Corn Feed Run Car Show; Habitat for Humanity Community Builder Award event; Celebration of Life for Pastor Moses Rodriguez; Montclair Mayor John Dutrey meeting regarding the unhoused; Chino Hills State of the City; Omnitrans Board of Directors meeting; National Day of Prayer; Chino Desalter Board of Director's meeting; Inland Empire Utility Agency Board of Directors meeting; Senior Center May Birthday Celebration, Rancho del Chino's Bingo night; Press Conference regarding CIM concerns; and Closed Session.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the Cal Cities Conference; Community Services Commission meeting; Kiwanis Corn Feed Run Car Show; Celebration of Life for Pastor Moses Rodriguez; Press Conference regarding the CIM concerns and encouraged residents to get involved in support of the activities to advocate against the transfer of level four inmates at CIM; Congratulated the Glenn Duncan family for the Hall of Fame award; Congratulated the Teen Advisory Committee for their accomplishments; and wished all mothers in the community a Happy Mother’s Day.

Council Member Burton

11. Community Support Fund - Council Member Burton. Approve community support fund contribution to Food for Life Ministry, Rancho Del Chino Rotary Club, and Trail Life Troop 2678.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $500 to Food for Life Ministry, $500 to Trail Life Troop 2678, and $250 to Rancho del Chino Rotary Club.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve community support fund contribution of $500 to Food for Life Ministry, $500 to Trail Life Troop 2678, and $250 to Rancho del Chino Rotary Club. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Council Member Burton reported on the following meetings and events attended since the last 20 CHINO CITY COUNCIL
MAY 7, 2024 7
meeting that included the Cal Cities Conference and provided a report on the meetings attended, noting he was disappointed with the California Department of Corrections and Rehabilitation Director for the response towards the City of Chino's concern and expressed the need for the community's support; City Manager meeting; Meeting with City Consultant; Community Services, Parks & Recreation Commission meeting; Roundtable meeting with Senator Young Kim; meeting with resident regarding the Downtown Civic Center Master Plan; Kiwanis Corn Feed Run Car Show; San Bernardino County Transportation Authority meeting; water meeting with Dave Crosley; City Manager meeting; National Day of Prayer; City of Chino Corporate Challenge and thanked City staff for their excellent work coordinating the event; City Manager meeting; meeting with resident; and Closed Session.

Council Member Flores

12. Community Support Fund - Council Member Flores. Approve community support fund contribution to Rancho del Chino Rotary Club.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $250 to Rancho del Chino Rotary Club.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Approve community support fund contribution of $250 to Rancho del Chino Rotary Club. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Council Member Flores reported on the following meetings and events attended since the last meeting that included the Kiwanis Corn Feed Run Car Show; congratulated the Glenn Duncan family for the Hall of Fame award; celebration of Life for Pastor Moses Rodriguez; congratulated Teen Advisory Committee Member Elena Rossen for being accepted to Notre Dame; wish all mothers a Happy Mother's Day; and announced he will participate in the City of Chino Corporate Challenge.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included a disaster management training for electrical power systems; Kiwanis Corn Feed Run Car Show; disaster management for public service training; City Manager meeting; Southern California Association of Governments (SCAG) Conference in Palm Springs; Knights of Columbus Golf Tournament; City Manager meeting; meeting with the Mayor regarding agricultural land; addressed social media remarks and explained the misconception between an inmate serving a life sentence versus an inmate who is on death row; and spoke against the level 4 inmates in the CIM.

City Manager's Report
City Manager Reich recognized May 5 -11, 2024, as Professional Municipal Clerk’s Week; thanked City staff for a successful Kiwanis Corn Feed Run Car Show; thanked City staff for participating in the City of Chino Corporate Challenge.

City Attorney's Report
City Attorney Galante provided a report on Senate Bill 9, regarding affordable housing. 21 CHINO CITY COUNCIL
MAY 7, 2024 8
Police Chief's Report
Deputy Chief Bjelland thanked the Mayor and the Council Members for their leadership as they address the concerns associated with CIM, stating the Chino Police Department is trained on prison response and have contingencies planned to protect the City; reported the Police Department Crime Prevention Unit provided a presentation at the Senior Center regarding crime trends targeting seniors; and announced May 13-17, 2024 is Police Week.

Fire Chief's Report
Fire Chief Dave Williams announced the Chino Valley Fire District Fire Station 68 groundbreaking ceremony will take place on May 30, 2024.

ADJOURN
The meeting adjourned at 7:51 p.m. The next Regular Meeting of the City Council will be held on Tuesday, May 21, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 21ST DAY OF MAY 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
22 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

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

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
23 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

24 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
May 16-17, 2024 City County 2024
Conference
Lake Arrowhead, CA Mayor Ulloa
Mayor Pro Tem
Comstock
Council Member
Burton
Council Member
Flores
Council Member
Lucio

25 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Property Tax Allocation for Annexation – LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3269 – Ramona Francis Annexation. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -023, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3269 (PL23-0014, Annexation). ..body

FISCAL IMPACT
The attached Resolution will transfer future property tax revenues from the County of San Bernardino to the City of Chino, beginning with $ 56,022 for Fiscal Year 2024 -2025. The additional property tax revenue will be added to the budget in FY 2024 -2025. Tax revenues will increase in subsequent years as properties become developed within the annexed area.

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:
 Responsible Long-Range Planning

26 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: PROPERTY TAX ALLOCATION FOR ANNEXATION - LAFCO REORGANIZATION (DETACHMENT/ANNEXATION FROM COUNTY SERVICE AREA 70) NO. 3269 - RAMONA FRANCIS ANNEXATION.

PAGE: 2

Revenue: 1001000-51005

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 27 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: PROPERTY TAX ALLOCATION FOR ANNEXATION - LAFCO REORGANIZATION (DETACHMENT/ANNEXATION FROM COUNTY SERVICE AREA 70) NO. 3269 - RAMONA FRANCIS ANNEXATION.

PAGE: 3

BACKGROUND
On July 5, 2023, the City Council initiated the Ramon Francis Annexation as part of the process of annexing one of the various islands located within the City’s Sphere of Influence from the unincorporated area of San Bernardino County. The annexation area consists of mostly single- family residential zoned parcels on approximately 145 acres of land, generally located near the intersection of Ramona and Francis Avenues (Exhibit A). The intent of the annexation is to annex one of the unincorporated islands to help clean up the City’s boundaries and to clarify how these areas are to be serviced by the City. The proposed annexation area is currently comprised of mostly single-family homes with some animal keeping, vacant land, various agricultural uses, the Baitul Hameed Mosque and a small market. In addition to initiating the annexation in July 202 3, the City also approved the Prezone (PL2 3-0014) of the annexation area to Residential/Agricultural (RD2), Residential, 4.5 dwelling units/Acre (RD4.5) and Public (P) consistent with the City’s General Plan l and use designations. The annexation will go into effect once the annexation is formally approved by the Local Agency Formation Commission (LAFCO) tentatively scheduled for September 18, 2024. If approved, the annexation will be final 30 days following LAFCO approval.

ISSUES/ANALYSIS
State law provides that an agreement be reached between the City of Chino and San Bernardino County on future distribution of property tax revenue within areas that are annexed into the City. Because the proposed annexation is considered to be an island annexation by LAFCO, the City will receive its full share of property tax for annexed properties, which is consistent with the tax collected on other properties in the City. The amount to be transferred to the City will be the average of all the Tax Rate Areas in the City equaling 10.43%.

To begin transfer of the property tax, both the City and County must approve separate resolutions approving the tax-split, which is attached for Council review.

Attachments: Exhibit A – Location Map
Resolution No. 2024-023

28 WB 60
EB 60

YORBA AVE

FRANCIS AVE

RAMONA AVE

PIPELINE AVE

NORTON AVE

PHILADELPHIA ST

MONTE VISTA AVE

PHILLIPS BLVD

CARLISLE AVE
WB 60 OFF

SERRA AVE

MAPLE ST

LIBERTY ST
WB 60 ON

SILICON AVE

VISTA AVE

ORGREN ST

MUSTANG RD

CRYSTAL AVE

JASMINE DR
ELM ST

ROUNDTREE LN

BUTTERFIELD AVE

TAFT ST

ALTURAS LN

LAMPLIGHTER LN

BOYER ST

ORCHARD DR

LEXINGTON AVE

LOCUST ST

OLIVE ST

DEL MAR AVE

HANCOCK ST

ADAMS ST

SAN FELIPE AVE

OLIVE PL

BRYANT ST

PILGRIM CT

REVERE ST

WALDEN ST

VISTA CT

BRYANT LN

LOMBARDY AVE

WAKEFIELD AVE

BUTTERFIELD PL

ESSEX AVE

WINTRESS DR

STARLIGHT LN

CONCORD CT

GREENWAY LN

CAMELIA CT

VALERIE LN

GREEN WAY LN

LA MASITA CT

LOMBARDY ST

LA CAUSEY CT

SUNVIEW LN

REVERE CT

JACKSON CT

ORANGE BLOSSOM LN

GOLDENROD CT

ORANGE BLOSSOM RD

COMPTON CT

BELMONT PL

INDEPENDENCE ST

OAKDALE DR

LOMBARDY CT

BIRDVALE DRSKYHAVEN LN

ORGREN AVE

COLLEGE AVE

CARLISLE AVE
ELM ST

REVERE ST

SERRA AVE

CRYSTAL AVE
¯
LEGEND
ANNEXATION AREA 1:
145 ACRES / 73% SURROUNDED BY CITY

CITY BOUNDARY

PARCELS
Prezone - Land Use
RD 2
RD 4.5
RD 8
RD 12
NC
P

CITY OF CHINO - ANNEXATION AREA - PREZONE
Date: 5/17/2023
RD 4.5
RD 2
RD 4.5
RD 4.5
RD 2
RD 8
RD 12
RD 2
NC
NC
RD 4.5
RD 4.5
P
RD 2
RD 4.5

EXHIBIT A
29 RESOLUTION NO. 2024-023

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

CALIFORNIA, DETERMINING THE AMOUNT OF TAX REVENUES TO

BE EXCHANGED BETWEEN AND AMONG THE CITY OF CHINO , SAN

BERNARDINO COUNTY, AND COUNTY OF SAN BERNARDINO
SERVICE ARE A 70, RES ULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO 3269, RAMONA FRANCIS
ANNEXATION (PL23-0014).

WHEREAS, the Chino City Council hereby finds, determines and resolves as follows:

SECTION 1. The Chino City Council hereby finds and determines that:

A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Order, the governing bodies of all local agencies whose service responsibilities will be altered by change of organization shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.

B. Except as provided in Section 99 of the Revenue and Taxation Code, in the event that a jurisdicti onal change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of all special districts, negotiate any exchange of property tax revenues.

C. The Board of Supervisors of the Count y of San Bernardino and the City of Chino have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change:

LOCAL AGENCY FORMATION COMMISSION 3 269 – REORGANIZATION TO

INCLUDE THE CITY OF CHINO AND DETACHMENT FROM COUNTY
SERVICE AREA 70 (RAMONA FRANCIS ANNEXATION)

SECTION 2. The Chino City Council hereby resolves and orders that:

A. The negotiated exchange of property tax revenue between the City of Chino, San Bernardino County and County Service Area 70 , attached hereto as Exhibit “A” and incorporated herein by reference, resulting from the above -described jurisdictional change, is accepted.

B. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies who se service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code.

SECTION 3. The City Clerk of the C hino City Council is hereby directed to certify the passage of this resolution and to cause a certified copy to be sent to the 30 RESOLUTION NO. 2024-023
PAGE 2 OF 3

Executive Officer of the Local Agency Formation Commission of the County of San Bernardino.

Further, it is understood that future property tax revenue will be distributed to the City of Chino in an amount not less than the percentage obtained by applying the herein agreed-upon amount of $56,022 to the total amount of property tax revenue of $537,127 generated within LAFCO 3269, per attached Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chino hereby approves the tax share agreement between the City of Chino and the County of San Bernardino related to LAFCO 3269 (East End Annexation).

APPROVED AND ADOPTED THIS 21ST DAY OF MAY 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachment: Exhibit “A”

31 RESOLUTION NO. 2024-023
PAGE 3 OF 3

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

I, Natalie Gonzaga , City Clerk of the C ity of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 21st day of May 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
32 City of Chino Percent: 10.43
TRA 61056 61060 61101 61102 61103 GRAND TOTAL
Assessed Value 11,596,570$ 1,956,282$ 17,458,427$ 13,707,498$ 8,993,959$ 53,712,736$ RDA Increment -$ - $ - $ - $ - $ - $ Net Value After RDA / TRA Frozen Base 11,596,570$ 1,956,282$ 17,458,427$ 13,707,498$ 8,993,959$ 53,712,736$ Tax Revenue 115,966$ 19,563$ 174,584$ 137,075$ 89,940$ 537,127$ Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24

TRANSFER FROM
COUNTY GENERAL FUND (12,095) $ (2,040)$ (18,209)$ (14,297)$ (8,079)$ (54,720)$ COUNTY SERVICE AREA 70 - $ - $ - $ - $ - $ - $ COUNTY SERVICE AREA SL-1 - $ - $ - $ - $ (1,302)$ (1,302)$ Total Transfers From (12,095)$ (2,040)$ (18,209)$ (14,297)$ (9,381)$ (56,022)$

TRANSFER TO
CITY OF CHINO 12,095 $ 2,040$ 18,209$ 14,297$ 9,381$ 56,022$ Total Transfers To 12,095$ 2,040$ 18,209$ 14,297$ 9,381$ 56,022$ LAFCO 3269
LAFCO 3269 - Reorganization to Include Annexation to the City of Chino and Detachment from County Service Area SL-1 and County Service Area 70 (Ramona Francis Annexation) Exhibit A

0.1043

Page 1 of 1 ends

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Local Hazard Mitigation Plan Consultant Agreement.
..end

RECOMMENDATION
Award a contract to Integrated Solutions Consulting, Inc. in the amount of $ 78,750 for the purpose of updating the City of Chino’s Local Hazard Mitigation Plan and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
The City was awarded Hazard Mitigation Grant Program (HMGP) G424D to update its Local Hazard Mitigation Plan. The funding from this grant will pay for the costs of the consultant.

Revenue: Click or tap here to enter text.

Expenditure: 1004000-43650-G424D
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 34 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: LOCAL HAZARD MITIGATION PLAN CONSULTANT AGREEMENT.

PAGE: 2

BACKGROUND
In November 2023, the City was awarded Hazard Mitigation Grant Program (HMGP) G424D funding from the Federal Emergency Management Agency (FEMA) to update its Local Hazard Mitigation Plan (LHMP). On February 20, 2024, City Council formally accepted the award and the City has until November 21, 2026, to complete the project which will resul t in a FEMA approved LHMP.

LHMPs are required by FEMA to receive certain types of non -emergency disaster assistance including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities (BRIC) project grants. Once approved by FEMA, the LHMP is valid for five years.

On April 19, 2022, FEMA released an updated Local Mitigation Planning Policy Guide, effective April 19, 2023. This new guidance serves as FEMA’s official policy on and interpretation of the applicable statutes and mi tigation regulations in 44 Code of Federal Regulations (CFR) Part 201.

As this guidance has only been in effect for a little over a year, the City sought an experienced consultant to help update the LHMP. Therefore, a Request for Proposal (RFP) was issued for qualified consultants to submit proposals to update the City’s LHMP.

ISSUES/ANALYSIS
On February 21, 2024, staff published, via PlanetBids, a Request for Proposal for qualified firms to submit a proposal to update the City of Chino’s Local Hazard Mit igation Plan. The RFP required the firms to demonstrate qualifications, resources, expertise, and experience sufficient to undertake and complete the project on a timely and cost -efficient basis. The consultant company selected by the City will be fully re sponsible for ensuring that the City obtains a FEMA approved LHMP on or before September 16, 2025.

On March 21, 2024, staff received proposals from seven firms. City staff, along with a neighboring jurisdiction’s subject matter expert, evaluated each prop osal using the weighted criteria outlined in the RFP (qualifications, past performance, responsiveness, cost, and timeline). Staff ranked the proposals from the corresponding firms in the following order:

Firm Ranking
Integrated Solutions Consulting, Inc. 1
Jacob Green and Associates Inc. 2
Risk Management Professionals 3
IEM International Inc 4
AG Witt, LLC 5
WREM Solutions 6
Construction Testing and Engineering South, Inc. 7

Integrated Solutions Consulting, Inc. received the highest score and is deemed to be the most responsive and responsible firm.

It is, therefore, staff’s recommendation that the City Council award and authorize a contract to Integrated Solutions Consulting, Inc. for the updating of the City of Chino’s Local Hazard Mitigation Plan.
35 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: LOCAL HAZARD MITIGATION PLAN CONSULTANT AGREEMENT.

PAGE: 3

Attachment: Integrated Solutions Consulting, Inc. Contract

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

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

INTEGRATED SOLUTIONS CONSULTING
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Integrated Solutions Consulting , Edwardsville, IL (“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 37 01225.0001/863604.2 2
and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, th e phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local 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 38 01225.0001/863604.2 3
by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor 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.”
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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 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.
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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 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 41 01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Seventy Eight Thousand, Seven Hundred Fifty Dollars ($78,750) (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. 42 01225.0001/863604.2 7
(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 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 43 01225.0001/863604.2 8
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 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, 2026, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).

This Agreement may not be renewed.

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:

Daniel Martin, Principal

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 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 44 01225.0001/863604.2 9
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 the City of Chino ’s Emergency Services Coordinator , 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 contractor of City an d shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or oth erwise or a joint venturer or a member of any joint enterprise with Consultant.

45 01225.0001/863604.2 10

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. 46 01225.0001/863604.2 11
(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 48 01225.0001/863604.2 13
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;
49 01225.0001/863604.2 14
(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 50 01225.0001/863604.2 15
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. 51 01225.0001/863604.2 16
(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 52 01225.0001/863604.2 17
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 ($0) 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 53 01225.0001/863604.2 18
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.
54 01225.0001/863604.2 19

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 55 01225.0001/863604.2 20
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 56 01225.0001/863604.2 21
“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]
57 01225.0001/863604.2 22
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 Kevin Mensen, Chief of Police

CONSULTANT:

Integrated Solutions Consulting
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer sign atures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman o f the B oard, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 58 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. In addition to the requirements described in this Exhibit A, Consultant shall abide by the Federal procurement standards (Title 2 CFR 200.318-200.326) and FEMA’s Program Policy referenced in the document following this page.”
II. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
59 636.346.3949 | www.i-s-consulting.com

BUILDING A MORE RESILIENT FUTURE
PME

CITY OF CHINO
Request for Proposal No. 2024-0003

LOCAL HAZARD MITIGATION PLAN
UPDATE
Technical Response
EXHIBIT A-1
60 TABLE OF CONTENTS
Table of Contents ...................................................................................... 1

1. Cover Letter ......................................................................................... 1

2. EXPERIENCE AND QUALIFICATION OF THE FIRM ........... 2

2.1 Firm History ............................................................................................................. 2

2.2 Hazard Mitigation Planning Experience .................................................................... 2

2.3 Proven Experts in Hazard Mitigation Planning .......................................................... 3

2.4 Local Knowledge, Expertise, & Commitment ............................................................ 4

2.5 Recent Projects ......................................................................................................... 5

2.6 Project Qualifications ............................................................................................... 6

2.7 Legal Information ..................................................................................................... 8

3. KEY PERSONNEL ............................................................................ 9

3.1 Key Staff .................................................................................................................. 9

4. References .......................................................................................... 10

5. Scope of Work ................................................................................... 12

5.1 Work Plan Overview .............................................................................................. 12

5.2 Task 1: Project Management ................................................................................... 12

5.3 Task 2: Organizing Resources ................................................................................. 14

5.4 Task 3: Hazard Identification and Risk Assessment ................................................. 16

5.5 Task 4: Developing a Mitigation Strategy ................................................................ 19

5.6 Task 5: Assisting in Plan Adoption, Monitoring, and Evaluation .............................. 21

5.7 Closeout ................................................................................................................. 22

5.8 Schedule ................................................................................................................ 23

6. Fees ………………………………………………………………24

6.1 Fee Schedule .......................................................................................................... 24

7. Appendix A - Resumes ..................................................................... 25 61 Page | 1

1. COVER LETTER
CITY OF CHINO March 21, 2024

Dear City of Chino,
I am pleased to submit this proposal on behalf of Integrated Solutions Consulting (ISC) to update the Local Hazard Mitigation Plan (LHMPU) for the City of Chino. As outlined in your Request for Proposal (RFP), the purpose of this project is to comprehensively update risk and vulnerability assessments, develop innovative new mitigation strategies, ensure alignment with state and federal requirements, and effectively integrate climate adaptation and community resiliency.

About Integrated Solutions Consulting
With over 18 years of experience specializing in homeland security, emergency management, hazard mitigation planning, and disaster recovery, ISC has a proven track record supporting diverse communities nationwide. We maintain a 97.1% client satisfaction ra ting and have been recognized as a Top Supplier by Dun & Bradstreet for our reliability, timeliness, responsiveness, and high-quality deliverables.

Local Knowledge and Expertise
ISC has a proven track record of successfully developing and updating Hazard Mitigation Plans HMPs for communities throughout California, and we are uniquely positioned to create a comprehensive LHMPU for the City of Chino’s that addresses its specific needs and challenges.

With our deep understanding of the City of Chino’s diverse landscape and its vulnerability to natural hazards such as wildfires, earthquakes, and severe weather events, we will work closely with county officials, stakeholders, and residents to identify the most pressing risks and develop practical, actionable strategies to enhance the county's resilience.

Our team will focus on engaging the diverse communities within the City of Chino, ensuring that the LHMPU reflects the needs and concerns of all residents, while building partnerships between the county, local organizations, and state and federal agencies to leverage resources and expertise in implementing the plan's mitigation strategies.

Summary
At ISC, we take great pride in our work and are passionate about making a positive difference in the lives of the people we serve. We understand the critical importance of hazard mitigation planning in safeguarding communities, and we are committed to delivering the highest quality.

We look forward to the opportunity to work with you and to help strengthen your community's resilience in the face of potential disasters. Together, we can create a safer, more secure future for all Californians.

Respectfully Submitted,

Daniel Martin, Ph.D., CEM, CFM
Principal, Integrated Solutions Consulting, Corp.

[email protected]

62 Page | 2

2. EXPERIENCE AND QUALIFICATION OF

THE FIRM

2.1 Firm History
Integrated Solutions Consulting (ISC) , incorporated in 2005, is a professional services firm specializing in homeland security, emergency management, public safety, hazard mitigation, and disaster recovery consulting services. ISC has a proven track record of successfully evaluating, developing, and integrating com plex disaster/emergency management planning doctrine that follow relevant federal, state, and local programmatic directives and requirements. We are staffed with highly experienced emergency management, law enforcement, public health, disaster recovery, and related public safety professionals.

Throughout our 16+ years of service, ISC has had the privilege of supporting diverse communities nationwide as a single-source provider of emergency planning services. Unlike our competitors, we are exclusively focused on providing emergency management and homeland security consulting services to the private and public sector. Our focus in these services provide our staff a wealth of experience and lessons learned, granting Team ISC the ability to not just meet our clients’ needs, but deliver services that go above and beyond.

Our Mission is to provide consulting solutions from a professional emergency management perspective for public and private entities. This mission is carried out by our extensive experience in the operational fields of emergency management, homeland security, law enfor cement, healthcare systems, environmental, and critical infrastructure engineering; and is supported by our reputation of providing exceptional professional service. We accomplish our mission from our regional offices, located throughout the nation.

Our Principles drive us to achieve continued project success with value-added products:
• Trust: We treat each relationship as a two -way Partnership with Trust at the core of the relationship.
• Integrity: We deliver client -focused results that meet or exceed all FEMA and State compliance demands.
• Innovation: By leveraging our experience and research with science and technology, we look to be difference makers by establishing new standards and efficiencies in the industry. • Performance: As evidenced by our D&B Top Supplier Performance Rating, we consistently out-perform our client expectations, setting them up for success in the future.

2.2 Hazard Mitigation Planning Experience
At ISC our success in hazard mitigation planning is more than a function of experience and expertise. Our success is driven by our dedication and passion for creating disaster -resilient communities that hold strong against adversity.

Since 2005, ISC has prepared, updated, and delivered HMPs, per the requirements of the Disaster Mitigation Act of 2000 (DMA 2000), Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), and Title 44 Code of Feder al Regulations (CFR) 63 Page | 3
§201.6.1, for communities,
agencies, and jurisdictions of
all sizes, scopes, and types,
throughout the United States.

Additionally, ISC has assisted
counties and participating
Community Rating System
(CRS) communities in
identifying repetitive loss
structures and developing and
integrating mitigation actions
that will reduce future impacts
from flooding or other natural
disasters. Consistent with
federal guidance, ISC incorporates the information into the community’s National Flood Insurance Program (NFIP )
application.

Following a disaster, ISC works with county and
jurisdictional clients to implement their HMP per Section 404 and Section 406 of the Stafford Act. Our
comprehensive HMP capabilities and proven subject
matter expertise result in HMPs that are consistently
accepted upon initial submission to the state and FEMA, successfully positioning our clients to secure funding for implementing future hazard mitigation projects.

Our unprecedented success in hazard mitigation planning is more than a function of experience and expertise;
dedication and passion for creating more disaster-resilient communities drives our success. In each case identified below, ISC’s support, services, expertise, and integrated approach resulted in developing hazard mitigation plans that were accepted by the state and FEMA, but also
successfully positioned these communities to secure
funding for implementing hazard mitigation projects.

2.3 Proven Experts in Hazard
Mitigation Planning
As a leading provider of emergency management professional services, ISC is specifically qualified to perform the entire range of activities, as described in the Scope of Work. We are confident that no other firm can match our team’s extensive experience a nd locally focused approach to this project.

To best encapsulate the benefits, we believe ISC brings this endeavor, we have provided the table below which highlights ISC’s experience, expertise, and capacity to deliver a Hazard Mitigation Plan.
64 Page | 4
Integrated Solutions Consulting – Overall Benefits
Our Experience  ISC has completed over 50+ Hazard Mitigation Plans, of similar size and scope, for government entities nationwide.

Performance and
Capacity to
Perform
 Our intent is to provide the County with an HMP that is aligned with the State, while meeting:
− National Flood Insurance Program (NFIP),
− Community Rating System (CRS)
− Floodplain Management Planning requirements (Activity 510) − Code of Federal Regulations for Local Mitigation Plans (44 CFR 201.6)  ISC’s has a superior record of developing mitigation plans that are not only accepted upon the initial submission to the state/FEMA, but also positioned communities to secure funding for implementing hazard mitigation projects.

References and
Recommendations
 Repeat business is the best compliment for a consulting firm. We encourage you to contact our references, who are all repeat customers, to ensure a comprehensive picture of our team’s experience and solutions.

Qualifications of
Staff
 ISC consists of 40+ full time employees and maintains a cadre of 250+ emergency management professionals with experience completing services similar in size and scope.
 ISC’s proposed team is available immediately upon award of the project.

Accuracy of Cost
Estimates
 Team ISC is dedicated to providing our clients with accurate project pricing.  We have never pursued a change order on a past project. We cannot provide data regarding bid versus final costs estimate, as we have not altered prices provided in our proposals.
 The proposed compensation for this project is a firm, fixed price, inclusive of all labor, materials, travel expenses, and all other costs, direct and indirect, necessary for each task identified in the Scope of Work.

2.4 Local Knowledge, Expertise, & Commitment
ISC has been at the forefront of helping communities throughout California develop and update their Hazard Mitigation Plans to better prepare for and respond to natural disasters. With over 16 years of experience and a team of highly skilled professionals, ISC has consistently delivered comprehensive and effective solutions tailored to the unique needs of each California community we serve.

Our work in California has been extensive and impactful, spanning cities both large and small. We understand that each community faces its own set of challenges, and this is especially true for the City of Chino. With its diverse landscape, ranging from suburban neighborhoods to industrial areas and agricultural lands, Chino is exposed to a variety of natural hazards, including wildfires, earthquakes, and severe weather events. ISC recognizes the importance of developing an LHMPU that addresses these specific risks and takes into account the city's unique geographical, economic, and social characteristics.

In the City of Downey, we successfully updated their LHMP to align with the latest FEMA guidelines, collaborating with various city departments to create a comprehensive plan that received FEMA approval. This updated plan not only ensures Downey's eligibil ity for federal 65 Page | 5
disaster assistance funds but also provides a roadmap for implementing mitigation strategies that will protect lives, property, and infrastructure in the event of a natural disaster.

Similarly, in the City of La Mirada, we developed a new LHMP that addressed the city's unique vulnerabilities to natural disasters such as earthquakes, urban fires, droughts, floods, and climate change. By carefully analyzing the city's geographical landscape and working closely with public agencies, private organizations, and citizens, we helped La Mirada create a plan that minimizes potential losses and enhances the community's resilience.

ISC's proactive approach and commitment to community engagement were evident in our work with the City of Beverly Hills, where we updated their 2016-2021 LHMP by engaging stakeholders and the entire community. This inclusive process ensured that the final FEMA -approved plan, which was adopted by the City Council, reflected the needs and priorities of the people of Beverly Hills, making it more likely to be effectively implemented.

We believe that our experience, expertise, and dedication to community -driven solutions make ISC the ideal partner for the City of Chino in updating their Local Hazard Mitigation Plan. By working closely with the city's stakeholders and residents, we will develop an LHMPU that not only meets FEMA requirements but also addresses Chino's unique challenges and strengthens the community's resilience in the face of natural disasters.

2.5 Recent Projects
The projects below provide a representative list of projects, of a scale and complexity similar to this project engagement. In each case identified, ISC’s support, services, expertise, and integrated approach resulted in developing Hazard Mitigation Plans that were accepted by the state and FEMA, but also successfully positioned these communities to secure funding for impleme nting hazard mitigation projects.

Summary of ISC HMP Projects
Client Date Type of
Contract Description
Clemson
University 2022 HMP University Hazard Mitigation Plan
Lake County, IL 2022 HMP County Hazard Mitigation Plan Update La Mirada, CA 2022 HMP City Hazard Mitigation Plan Update Detroit, MI 2021 HMP City Hazard Mitigation Plan Update Dawson Co. MT 2021 HMP 4-county Hazard Mitigation Plan Update Lenowisco
Planning District,
VA
2020-2021 HMP Regional Hazard Mitigation Plan Update
Campbell Co. TN
Dept. of Finance 2019-2020 HMP County Hazard Mitigation Plan Update Cook Co. IL
DHSEM 2020 HMP
County Hazard Mitigation Plan Update | 136 participating jurisdictions | Plan initiated, approved, and adopted within a 5- month timeframe.
66 Page | 6
Summary of ISC HMP Projects
Client Date Type of
Contract Description
Milwaukee Co. WI
OEM 2017 HMP County Hazard Mitigation Plan Update
Kootenai Co. ID
OEM 2020 HMP County Hazard Mitigation Plan Update and Wildfire Mitigation Plan
Salt Lake United
Fire Authority, UT 2019-2020 HMP County Hazard Mitigation Plan Update | Level 3 HAZUS Portage Co. WI 2019-2020 HMP County Hazard Mitigation Plan Update Madison Co. ID 2018-2019 HMP County Hazard Mitigation Plan Update Franklin Co. OH
EM & HS 2017-2018 HMP County Hazard Mitigation Plan Update Hamilton Co. OH
OEM & HS 2017-2018 HMP County Hazard Mitigation Plan Update Royal Oak, MI 2017-2018 HMP City Hazard Mitigation Plan Update Oakland Co. MI 2017-2019 HMP County Hazard Mitigation Plan Update Carter Co. TN 2016-2018 HMP County Hazard Mitigation Plan Update Hardin Co. IA
EM 2016-2018 HMP County Hazard Mitigation Plan Update

2.6 Project Qualifications
Since 2006, ISC has been a single- source provider of single and multi -jurisdiction hazard mitigation plans, for jurisdictions across the U.S. Over our fifteen- year history, ISC has conceptualized, designed, developed, planned, prepared, and delivered 50+ l ocal and multi- jurisdiction hazard mitigation plans, similar in size, scope, and complexity to that requested in the RFP.

Provided below are some notable examples of hazard mitigation plans that ISC has previously delivered to other agencies and jurisdictions, of similar size and scope. We are happy to provide additional information, on any of the examples below, upon request.

Hazard Mitigation Plan Update
City of Downey, CA
In 2022, ISC was awarded the contract for completion of the City of Downey ’s Local Hazard Mitigation Plan (LHMP) update. The City’s existing LHMP (adopted in 2017) required an update based on the Local Multi- Hazard Mitigation Planning Guidance published by FEMA in April 19, 2022. The final deliverable to the client being a FEMA approved LHMP. In coordination with the City, ISC City was responsible for assembling a Hazard Mitigation Planning Team consisting of City personnel, including: Fire Department, Public Works, Community Development, Parks and Recreation and the Police Department. Additionally, ISC reviewed the natural and man-made hazards that threaten the City. ISC collected and incorporated information and comments throughout the LHMP process, making all necessary revisions, and prepared a Final Plan for submittal to Cal OES and FEMA for review and approval.

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Hazard Mitigation Plan
City of La Miranda, CA
In 2022, ISC was awarded the contract to coordinate, facilitate, and prepare the City of La Miranda 's New Local Hazard Mitigation Plan pursuant to the Disaster Mitigation Act of 2000. The plan was required to be consistent with the State of California's Federal Emergency Management Agency's (FEMA). The plan was developed to help identify mitigation actions that would make the City and plan participants more resistant to disasters, including earthquakes, urban fires, droughts, floods, and climate change, as required by California Government Code Section 65302.

La Mirada is 7 .82 total square miles in area. It is located in southeast Los Angeles County near the Orange County border and offers the benefits of living in a mild Southern California climate. La Mirada is characterized by the unique and attractive geographical landscape and weather that makes the region popular among residents and visitors.

However, the potential impacts of natural hazards associated with the terrain make the environment and population highly vulnerable to natural disasters.

Additionally, La Mirada is subject to earthquakes, flooding, landslides, and wildfires. It is impossible to predict exactly when these disasters will occur or the extent to which they will affect the City. However, with the development of the Hazard Mitigation Plan, careful planning and collaboration among public agencies, private sector organizations, and citizens within the community, ISC was able to assist the City in minimizing the losses that can result from these natural disasters.

Multi-Jurisdictional Hazard Mitigation Plan
Hamilton County, OH
The Hamilton County Emergency Management Agency (EMHSA) requested ISC to develop the MJ-HMP. The ISC Team facilitated nine webinars over two weeks to introduce the mitigation planning process to local officials, engaging 47 of the County’s 48 jurisdictions to participate in at least one webinar. Next, ISC planned and facilitated seven hazard mitigation planning workshops throughout the County to identify hazards and update and consider new mitigation strategies, gaining full participation from each of the C ounty’s 48 jurisdictions. Our Team then designed and distributed a comprehensive public survey that reached 1,825 residents and resulted in 1,328 completed responses.

ISC leveraged survey data to inform the hazard risk prioritization process, ensuring the MJ -HMP addressed the public's concerns and priorities. ISC also planned, advertised for, and executed two public forums sharing the MJ - HMP draft with County residents, providing all members of the community with an opportunity to provide input for review and comment. MJ -HMP participants assessed over 300 hazard mitigation strategies/actions, resulting in a prioritized list of 111 new strategies/actions, in addition to 180 ongoing/updated mitigation strategies/actions from the 2013 Plan, and 47 completed strategies/actions. The County’s MJ-HMP received Ohio Emergency Management Agency (EMA) and FEMA approval.

Multi-Jurisdictional Hazard Mitigation Plan Update
Cook County Department of Emergency Management and Regional Security (EMRS) The ISC Team recently completed the nation’s largest HMP Update within five months. ISC was recently engaged by the Cook County Department of Emergency Management and Regional Security (DEMRS) to conduct its 2019 MJ-HMP Update, covering a total of 136 jurisdictions. The ISC Team worked closely with Cook County DEMRS, Illinois Emergency Management Agency (IEMA), and personnel to accomplish significant improvements in their 2014 MJ-HMP. Our Team increased participation in public outreach activities by over 230% and gained participation by previously non-participating counties. Recently, IEMA and FEMA formally approved this Plan.

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Hazard Mitigation Plan
Oakland County, MI
The Oakland County HMP was completed with the assistance of the Oakland County Homeland Security Division, members of the Oakland County Local Emergency Planning Committee (LEPC), members of the community, representatives, and leaders from each of the 62 communities and many of the 28 school districts in the County, the Michigan State Police Emergency Management and Homeland Security Division Mitigation Recovery Section. Over 150 individuals were involved in the preparation, evaluation, and community outreach components of this Plan.

Webinars lasted about one hour. Four workshops were held strategically throughout the County for the identification and prioritization of hazards, hazard mitigation strategies and action plans. The workshops were specifically geared for municipal and school district stakeholders. The Plan received State and FEMA a pproval.

Hazard Mitigation Plan Update
Salt Lake County, UT
In 2019, ISC was engaged by Salt Lake County Office of Emergency Management (SLCo EM) to update its 2015 Salt Lake County Multi-Jurisdictional Multi-Hazard Mitigation Plan, set to expire March 2020. Our Team worked closely with SCLo EM staff and the wider Salt Lake County Mitigation Planning Team (comprised of stakeholders from most jurisdictions, including Cottonwood Heights and West Valley) to review and revise significant changes the County has undergone over the past five years.

In addition to leveraging the previous HMP, ISC reviewed other Countywide and relevant municipal plans to inform their approach to the update. ISC’s HMP Update was recently approved by the Utah Division of Emergency Management (DEM) and received APA by FEMA Region VIII.

2.7 Legal Information
ISC Company Information
Company Structure S-Corporation
Company Ownership Illinois, 2005
Number of Employees 40+ Full-time employees Nationally Litigation As outlined in the RFP, the below situations are not applicable to ISC.

• Conviction or indictment of the firm or any officer of the firm within the last three years involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law.
• Adjudication or determination by any federal, state, or local agency that the firm or any officer of the firm has violated any provision of law relating to equal opportunity or fair
employment.
• Termination of a contract for convenience or for cause.

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3. KEY PERSONNEL

3.1 Key Staff
The ISC Team consists of 40+ full time employees and maintains a cadre of 250+ emergency management professionals with experience completing Hazard Mitigation Plan ning services.

ISC has drawn from this extensive pool of highly experienced and qualified resources, and specifically identified key personnel for this project . The ISC Team offers Certified Floodplain Managers, Community and Mitigation Planning Subject Matter Experts, and Certified HAZUS Practitioners. The table below summarizes the organization of our proposed team, as well as their roles, qualifications, and relevant experience, relative to the details requested in the RFP.

Key Staff
Staff & Role Qualifications Relevant Experience
Daiko Abe
Project Manager
• MS, Emergency Management
• Certified Floodplain Manager
• Salt Lake County, UT, MJHMP
• Cook County, IL MJHMP
• Hamilton County, OH HMP
• Project Manager for over 20 FEMA-approved
hazard mitigation plans across the nation, in
addition to providing subject matter and
planning support to multiple other mitigation
plans.

Jake Halley
GIS Specialist
• Lead planner for multiple MJHMPs
nation-wide
• HAZUS-MH Professional
• City of Detroit HMP
• City of Galveston, TX HMP
• St Charles Parish, LA MJHMP
• San Miguel County, NM MJHMP
• UTMB Galveston.404 and 406 mitigation
activities
Elyzabeth Estrada,
Planner
• Bachelor of Science • University of Miami Health System & Miller School of Medicine, Emergency Manager
• Seminole Tribe of Florida, HMP
Yahiritza Álvarez,
Planner
• Executive Master of Professional
Studies in Emergency and Disaster
Management, Georgetown University,
2014
• Bachelor of Science
• Miami-Dade County Office Emergency
Management, Emergency Management Planner
• 5-year update of Miami-Dade County's Local
Mitigation Strategy
Daniel M.

Anderegg,
Planner
• MSc., Threat and Response
Management, University of Chicago,
2020
• BSc., Public Safety Management,
Calumet College of St. Joseph,
2016Bachelor of Science
• Experience in command center operations,
program development, systems analysis, as well
as data performance analytics.

The ISC Team understands that availability of key staff for task assignments is critical to moving programs and projects forward. The ISC Team 's proposed staff is available immediately, upon award of the project. For those circumstances beyond our control, the ISC Team will submit the replacement key staff's qualifications for review. If any additional resources are required the ISC Team will provide approved additional staff, as necessary 70 Page | 10

4. REFERENCES
HMP Update 2022
City of La Mirada
LOCATION La Mirada, CA
LENGTH OF CONTRACT 2021 – Present
CONTRACT VALUE $57,982.16
REFERENCE Mark Rounds
562-902-2960
[email protected]

PROJECT DESCRIPTION
The ISC Team assisted the City in developing an HMP Update compliant with the Stafford Act, DMA 2000, 44 CFR Part 201, §201.6, working with local leaders and stakeholders to ensure hazards, risks, and vulnerabilities identified paths to mitigation and community resiliency. The plan is currently in the public comment period. Once comments are received, the ISC team will review them with the City Project Manager, revising the plan accordingly, then will submit the final plan for CalOES and FEMA approval.

HMP Update 2022
City of Detroit’s Homeland Security & Emergency Management Department (HSEMD) LOCATION Detroit, MI
LENGTH OF CONTRACT 2021 – 2022
CONTRACT VALUE $48,997.12
REFERENCE Donna Northern, Emergency Management Coordinator 500 Griswold Street Detroit, MI 48226
313-600-5266
[email protected]

PROJECT DESCRIPTION
The City of Detroit’s Homeland Security and Emergency Management Department (HSEMD) contracted ISC to update their local hazard mitigation plan. ISC identified and coordinated with city departments and local stakeholders to address hazard risks and vulnerabilities, and to identify practical mitigation actions that address the most impacting hazards in the city. Additionally, ISC and the local HSEMD partnered to conduct public meetings in some of the city’s most vulnerable neighborhoods with the goal of addressing community concerns and needs.

ISC also worked with the State Hazard Mitigation Office and FEMA Region V to address recent significant urban flooding and the means to reduce impacts across the city. The final plan, approved by FEMA, was locally adopted and implemented in early 2022.

Hazard Mitigation Plan
Client: Oakland County, MI
LOCATION Oakland County, MI
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Hazard Mitigation Plan
Client: Oakland County, MI
PERIOD OF PERFORMANCE 2017 – 2019
REFERENCE Thomas Hardesty, Manager
1200 Telegraph Rd.

Pontiac, MI 48341
[email protected]
248-452-9578
CONTRACT VALUE $111,750

PROJECT DESCRIPTION
The Oakland County HMP was completed with the assistance of the Oakland County Homeland Security Division, members of the Oakland County Local Emergency Planning Committee (LEPC), members of the community, representatives, and leaders from each of the 62 communities and many of the 28 school districts in the County, the Michigan State Police Emergency Management and Homeland Security Division Mitigation Recovery Section.

Over 150 individuals were involved in the preparation, evaluation, and community outreach components of this Plan.

The HMP evaluated over 50 hazards during the 2017 Oakland County HMP Update. Plan participants assessed over 300 hazard mitigation strategies. A hazard mitigation and preparedness questionnaire was developed to gauge household preparedness for all hazards and the level of knowledge of tools and techniques that assist in reducing risk and loss. The 30-question survey reached 1,150 residents and resulted in 854 completed responses. On average, it took respondents 16 minutes to complete the survey. Multiple We binars were conducted between August 29, 2017, and September 8, 2017. In total, seven webinars were offered to municipal and school district representatives. Webinars lasted about one hour. Four workshops were held strategically throughout the County for the identification and prioritization of hazards, hazard mitigation strategies and action plans. The workshops were specifically geared for municipal and school district stakeholders. The Plan received State and FEMA approval.

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5. SCOPE OF WORK

5.1 Work Plan Overview
Based on our prior experience developing LHMPUs, we have learned that success means more than gaining FEMA and state approval and local adoptions: the client defines success .

Accordingly, ISC believes it is essential to establish a clear understanding of goals and objectives upon contract execution.

ISC’s approach to developing the LHMPU is a five-task method consistent with the Scope of Work (SOW), and compliant with industry best practices, federal and state requirements, and lessons learned from across the homeland security enterprise. Our approach for preparing, and subsequent adoption of the LHMPU is detailed in the following pages. ISC is happy to provide additional information, upon request.

5.2 Task 1: Project Management
Subtask 1.1: Project Initiation
Upon notification of contract award, the ISC Team
Project Manager will immediately contact the
designated City of Chino Project Manager to set up a
Project Initiation Meeting. The ISC Team will be
prepared to schedule and conduct this meeting within
seven days of contract award. Additionally, the ISC
Project Manager will request contact information for
additional participants and confirm with the
designated tCity of Chino Project Manager the desired
format or location for this meeting (i.e., in -person,
remote, preferred platform, etc.). Once these elements
are confirmed, the ISC Team will schedule participants to the Project Initiation Meeting via MS Outlook Calendar Invitations.

During the initial meeting, we will introduce the proposed ISC Team, present the Project Work Plan (PWP), identify initial data requests, and establish processes for collecting data, the designation of control, points of contact, and quantity of and schedule for project deliverables.

Additionally, we will discuss and define administrative requirements for the project, including correspondence, invoicing, and other related project issues. This project kick- off meeting will outline expectations and responsibilities.

Subtask 1.2: Project Work Plan Development & Internal Controls Central to ISC’s project management approach is the development of the Project Work Plan (PWP). Simply put, the PWP is a formal, approved document used to guide both project execution and project control borne out of consultant and client collaboration.

The ISC Project Manager will utilize the PWP to guide the execution of all project tasks and to manage the quality of the overall project engagement. The PWP will guide the execution of the project, measure progress, and depict the proposed team structure with assigned functions, duties, and responsibilities that will meet the project needs.

Best Practice #1
ISC offers a customized interactive
mitigation planning participation
module that allows committee
members and stakeholders to learn
about the mitigation process and
provide real-time feedback and input in
the plan development. Data analytics
track and document your team’s
participation in the planning process.
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Subtask 1.3 Project Reporting & Meeting Planning
From our experience completing similar projects, ISC believes that, given the importance of project reporting, all associated activities must be clearly defined, precisely completed, and evaluated, and agreed upon by both our Team and the City of Chino. Key PWP tasks are included below.

Team ISC’s Project Management Approach

1. Scope Management
Identifies the project description, goals, and objectives; evaluates the project structure, scope management, and controls; supports quality assurance procedures, and manages project risks and mitigation.

2. Resource Management
To facilitate increased coordination and provide a technical contractor that will meet and exceed expectations, ISC has selected the most qualified staff for this project. In the unfortunate event that key personnel assigned to this project become unavailable, ISC has identified support staff and potential candidates that would be available to fill in. These changes would be implemented only with approval.

3. Communications &
Information Management
ISC and its team have invested in advanced technologies to facilitate communication and information sharing between our key personnel and staff. The video conferencing and desktop sharing capabilities of our company has proven to be extremely helpful in past projects and have served to increase internal and external communication.

4. Potential Risks &
Mitigation Strategy
At the beginning of the project, identified and potential risks will be recognized to anticipate and manage, as far as possible, the potential impacts of the project, including reporting all risks. Each time a new risk is detected, it shall be managed (identified, assessed, etc.) by the Project Manager or designee. Preventive and corrective treatment will be implemented to reduce the severity and probability of the occurrence of these risks.

5. Quality Assurance &
Control
ISC’s Quality Assurance Plan (QAP) defines the organization and the methodology used for all ISC project engagements. The QAP: 1) Identifies processes that will be applied to assure quality; 2) Defines roles and responsibilities to ensure a successful, timely project with deliverables on time; 3) Provides the indicators to allow appropriate decisions and tracks/reports progress; 4) Describes software management practices: procedures, rules, and applicable methods for the project; and, 5) Outlines documentation management/delivery.

6. Project Status Reports
The ISC Project Manager will provide a “Project Status Report" to the designated City of Chino representative(s) at the agreed-upon interval (typically biweekly or monthly). The Report will include a summary of accomplishments by task, project progress assessment, major deliverables for the reporting period, a summary of the 74 Page | 14
Team ISC’s Project Management Approach
tasks due during the next reporting period, any foreseeable project risks and solutions, and financial status for individual tasks as well as the overall project budget.

7. Invoices & Quarterly
Grant Reporting.

The ISC Project Manager will provide invoices to the designated City of Chino representative(s), which can be sent either by deliverable or monthly. To ensure the The City of Chino meets all compliance and reporting requirements, the ISC Team will maintain detailed records of work and expenditures and submit financial and contract performance reports following the grant reporting schedule.

5.3 Task 2: Organizing Resources
As earlier noted, by defining the City of Chino’s vision of success and expectations at the onset of the project, our Team will readily collaborate with the City of Chino to ensure the complete realization of all objectives.

Subtask 2.1 Formation of Planning Team & Initial Meetings At a minimum, there should ideally be at least one
representative for each relevant the City of Chino

department and each participating jurisdiction.

However, given departmental overlap, a single
representative with authority to represent multiple
departments can be accommodated.

ISC will record the name of every person invited,
their email, the date of the invitation, the method of
the invitation, whether the person agreed to
participate, and whether the person provided
feedback on the LHMPU . The plan will also include copies of all meeting invitations, a list of everyone invited to each meeting (along with their positions, the departments they represent, and if they attended), and meeting sign-in sheets (and minutes, if desired).

Subtask 2.2 Documentation of the Planning Process
As part of the overall planning process, ISC will coordinate, schedule, facilitate, and support all meetings and conferences with the Planning Team (both formal planning meetings, project status meetings, and any ad hoc meetings or briefings). ISC will:
 Coordinate the scheduling of meeting rooms with the designated the City of Chino Project Manager and any designated facility representatives, and send/manage invitations, reminders, and registration (via MS Outlook Calendar appointments)  Reserve, establish and ensure functionality of any conference lines and/or any web- based meeting platforms (i.e., webinars, GoToMeeting, RingCentral, Microsoft Teams, WebEx, etc.)
 Disseminate conference line and/or web-based meeting access information, such as call-in numbers, URLs, etc., and access instructions to remotely participating individuals  Develop for each meeting an agenda, presentation slide deck, and appropriate read ahead or draft LHMPU content or materials
Best Practice #2
ISC provides analytical reports of each
committee member’s time in the
system reviewing the plan,
collaborating with committee
members, and participating in the
mitigation planning tools. This
participation is shared and reported in a
format that is consistent with FEMA’s
quarterly reporting requirement.
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 Distribute, electronically, all written planning meeting materials to the Planning Team, including read ahead, meeting handouts, and/or draft materials, no later than seven days prior to the meeting
 Provide hard copies of all written planning meeting materials, in sufficient quantity, for each planning meeting
 Provide and affix all signage, as well as provide, set up, test for functionality, and operate any audio/visual equipment (i.e., projectors, public address, etc.), as needed or requested  Facilitate all meetings, conferences, orientations, and/or briefings  Record and publish meeting minutes to the participants and designated POCs, no later than one week following the meeting
Subtask 2.3 Public & Stakeholder Outreach Strategy
A hallmark of ISC’s LHMPU process is robust public
involvement, including advertisements in local
newspapers, preparation of public service
announcements, online surveys, distribution of
brochures, newsletters, and fliers and posting information and announcements on local governme nt websites and
social media platforms.

For the City of Chino’s LHMPU planning, ISC will facilitate two public outreach workshops in addition to developing and distributing a LHMPU Survey. ISC will work with local stakeholders to increase public awaren ess and encourage public participation, especially in the review process. Reaching underserved populations will be a special emphasis to ensure equitable outcomes and considerations are included in the plan.

In addition to the two public meetings, ISC will facilitate LHMPU workshops for representatives from relevant City of Chino departments and participating jurisdictions.

During these workshops, we will review the risk assessment report and composite maps. The emphasis of the workshop is knowledge and understanding of the hazards and better preparation for determining mitigation actions.

Ultimately, ISC recommends conducting four to six virtual and on- site meetings throughout the hazard mitigation planning process. These public and steering committee meetings will occur as part of a documented project schedule presented to the Planning Team. Our Team will take all the necessary steps to engage participants, educating them on the importance of the LHMPU, and including interactive activities throughout the meetings.

Though this is inexhaustive, the meetings will address the following key points:
 Address FEMA’s requirements for mitigation plans, as identified in the DMA 2000, CFR Part 201.6, the American Planning Association’s Hazard Mitigation: Integrating Best Practices into Planning, and the most current FEMA “how-to” planning guidance.  Address state requirements for mitigation plans
 Identify members’ contribution to the planning process.  Address preliminary goals and objectives.
 Identify (and debrief) meetings with key community stakeholders and any other bodies that may seem appropriate.

ISC will work directly with the
City of Chino stakeholders to
ensure the identified mitigation
actions are effective, efficient,
scalable, and pragmatic.
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 Distribute questionnaires that will assist in identifying resources that will be needed for successful completion of the project.
 Highlight the progress-to-date and the schedule for the remainder of the planning process.  Solicit input from members throughout the planning process.

5.4 Task 3: Hazard Identification and Risk Assessment
A community’s hazard risk assessment is a critical document that defines a community’s strategic common operational picture to mitigate, as well as prepare, protect, respond, and recover to emergencies and disasters.

The ISC Team will rely on its experience developing natural, technological, and political hazard risk and vulnerability assessments for some of the nation’s most complex communities and infrastructure systems.

Our team’s proven methodology ensures:
 Ensures uniformity among hazard categories
 Utilizes empirical values applicable to all communities, facilities, and systems  Employs complex GIS modeling and analysis of probable scenarios to provide planning considerations of social, political, and physical impacts  Grants the flexibility needed to integrate the vulnerability assessments of critical assets accurately and systematically
 Provides consistency between the State’s approach as applicable while addressing the unique characteristics and attributes of the City of Chino.

As part of the community’s overall risk assessment, the ISC Team will provide an analysis of the natural, technological, and political hazard categories by elaborating upon and defining the specific types of hazards; identifying recent events that have occurred locally and/or regionally; developing the hazard profiles, parameters, and characteristics; assessing possible vulnerabilities; determining probable scenarios, and modeling select hazards.

Subtask 3.1 Hazard Identification and Profiles
The ISC Team will help the Planning Team identify
and review all the hazards that might affect the
community and will narrow the list to the hazards
that most likely will impact the community. Our team
will obtain this information through various avenues,
including, but not limited to:

1. Research of historical documents and
data: By accessing newspapers, historical
societies, database searches, etc., the ISC
Team will gather records that may contain
Best Practice #3
ISC documents the planning process,
provide a method of on-going committee
collaboration, offer an archival repository
of planning meeting minutes and
information, and ensure the active
participation of committee members and
key stakeholders throughout the life cycle
of the Hazard Mitigation planning
process.
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dates, the magnitude of the events, damage, and further evidence of the past natural disasters in the community.

2. Review of existing plans and reports: To ensure the City of Chino is covering all the possible hazards, our team will collect and review plans and documents that may have information on hazard planning. These documents will be reviewed to identify a list of disasters and potential issues that have occurred in the past. Also, local comprehensive plans, land use plans, capital improvement plans, as well as building codes, land development regulations, and flood ordinances will be reviewed to identify hazard provisions that indicate the presence of local hazards.

3. Inventory Assets: Using GIS data management and analysis, an inventory of the City of Chino’s assets will be developed based on the categories defined in the DHS/FEMA protocol. This inventory of assets will assist in identifying areas that are subject to the various natural hazards in the subject area. These categories are:
a. Transportation Systems
b. Lifeline Utility Systems
c. High Potential Loss Facilities (financial institutions, government buildings, etc.) d. Hazardous Waste/Materials Facilities

4. Profile Hazards: Per FEMA, each hazard profile will include a description of the hazard, previous occurrences, locations, and extents, and the probability of future occurrences.

Included in this assessment will be the assessment of all dam risks as outlined in Appendix G: High Hazard Potential Dams Grant Program Mitigation Plan Requirement.

Additionally, the hazard profile section will address climate change and equitable outcomes and considerations.

In close coordination with the Planning Team, the ISC Team will reach out to local, state, and federal governments to obtain hazard information, development trends, known vulnerabilities, and past experiences mitigating, responding, and recovering from disasters. These efforts may include (as appropriate):
 Interviewing pre-identified local officials and FEMA officials; and,  Contacting other resources such as Natural Hazards Center, Hazard Disaster Center, National Weather Service, Association of State Floodplain Managers, International Association of Emergency Managers, etc.

Many sections (at a minimum, flooding, drought, and extreme temperatures) will also consider how climate change may exacerbate the hazard, notably how it may impact vulnerability, frequency, or severity.

Subtasks 3.2 and 3.3 Hazard Mapping & Vulnerability Assessment Led by our GIS/HAZUS Analyst, our Team will work
directly with the Planning Team to conduct a GIS -
HAZUS Level 2 Analysis, modeling varying hazard
scenarios depicted by the client.

For these tasks, an initial inventory of the City of
Chino assets will use the baseline data contained in
HAZUS-MH and supplemented by GIS data provided
by the City of Chino. The effort includes developing
Selected sections of the Hazard Profile
(at a minimum flooding, drought, and
extreme temperatures) will also consider
how climate change may exacerbate the
hazard, notably how it may impact
vulnerability, frequency, or severity.
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and mapping a general inventory of assets in the applicable planning area. Using a base map, the ISC Team will identify the assets inside areas for each identified hazard that has a defined physical geographic boundary.

Our team will review the inventory to ensure that all facilities, infrastructures, and sectors critical to the continuity of government, operations, and services provided by the City of Chino are included in the mitigation planning process. Additionally, our team will conduct GIS-HAZUS Analysis Models of varying hazard scenarios.

The loss estimation process will utilize HAZUS-MH
modeling (or other modeling program), GIS analysis,
historical disaster data and information, and
quantitative analysis to estimate the losses to natural and human-induced hazard events in a defined area.

The analysis will include the following:
• Estimation of the losses to structures;
• Estimation of the losses to contents;
• Estimation of the losses to structure use and
function;
• Projection of human losses; and,
• Estimation of the primary direct and indirect loss.

Our team will use HAZUS-MH (or other modeling programs) and GIS analysis to determine which individual assets could sustain the largest potential losses, by adding the structure loss, content loss, and function loss for each asset to determine the total loss. This process will produce the following:
• Calculation of the losses to each asset;
• Calculation of the estimated damages for each hazard event; and, • Creation of a map that shows a composite of the areas of highest loss.

To ensure the GIS mapping effort is as comprehensive as possible, an inventory of critical facilities will be developed, and may include the following:
• Key end users (Special population centers,
such as daycare facilities, nursing
homes/elderly housing, medical, and
correctional facilities)
• Water and wastewater treatment plants and
associate pumping stations;
• Power generation, transmission, and
delivery facilities;
• Hazardous materials facilities;
• Repetitive loss properties;
• Population density; and,
• Structures delineated by use (residential, commercial, industrial, institutional, and others as appropriate).

Best Practice #4
ISC’s proprietary CVR2 Model is a
prioritized indication of planning risk
considerations and dashboard analytics
that can be incorporated into the
community’s preparedness efforts, that
will increase programmatic efficiency,
operational effectiveness, and a unified
common operational picture.

Best Practice #5
Unlike our competitors, ISC offers FAA-
licensed operators to conduct drone flights
per 14 CFR part 107. Incorporating aerial
analysis gives a new perspective on existing
hazard risks & hazard mitigation actions.

Aerial imagery analysis and modeling of high
hazard areas, recovering communities, and
vital infrastructure assets can be incorporated
into your LHMPU.
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As part of the vulnerability assessment, our team will look at future development trends and special considerations (i.e., historical property, environmentally sensitive areas, etc.) that can have a significant impact on a community’s risk of hazards. The impact of these trends and special considerations on the community’s risk is directly proportional to the size of the community, community values, and the significance of the development trend or special consideration.

With input from the Planning Team, our team will analyze the effect of any significant future development trends and special considerations identified by the City of Chino to determine their
positive or negative impacts on hazard profiles, inventoried assets, or projected losses.

Subtask 3.4 Capabilities Assessment
ISC will conduct an in -depth and comprehensive review of the mitigation capabilities and tools currently available to the City of Chino to implement the mitigation strategy. The assessment will include an inventory of existing plans, policies, and procedures that the City of Chino has in place to mitigate the effect of hazards. Our team will also look at fiscal, staffing, and organizational capabilities.

5.5 Task 4: Developing a Mitigation Strategy
Identifying and prioritizing mitigation actions are the fundamental components of an LHMPU. In the previous tasks, ISC redefined hazards, reassessed vulnerabilities, and the losses were estimated. Our Team will craft a prioritized list of mitigation actions that will reduce future risks and losses. This task will allow ISC to identify goals and objectives; identify and reevaluate mitigation actions, and develop the capabilities assessment, and identify mitigation strategies.

This effort will also include a progress update on the mitigation actions taken during the last five years, regardless of inclusion in the previous LHMPU or funding source. This progress update will provide context and ideas for new projects.

Subtask 4.1 Develop Hazard Mitigation Goals
Based upon the hazard profiles, hazard loss, vulnerability, and risk assessment, the Planning Team will identify mitigation goals that articulate the City of Chino’s desire to protect people and structures, reduce the cost of disaster response and recovery, and minimize disruption to the community following a disaster.

ISC will prepare a Memorandum stating the identified M itigation Goals and Objectives, as identified by the Planning Team and schedule and conduct a meeting to review draft mitigation goals and objectives with the Planning Team and the public. ISC will solicit feedback to gain buy- in and consensus.

Information revealed in the hazard profiles, and loss estimation will be used to develop clear mitigation goals. ISC will host the planning meeting and review the hazard profiles with details on the causes of hazards, the likelihood of occurrence, the pote ntial severity, and the extent of areas affected. ISC will review the loss estimation dollar amount of damages for hazard events, as well as related economic information like business interruptions and revenue losses. 80 Page | 20
Subtask 4.2 Develop, Evaluate, & Prioritize Mitigation Actions ISC will reevaluate mitigation actions consistent with the goals and objectives that were previously defined and will evaluate the mitigation actions to determine the action’s effectiveness and efficiency for preventing, protecting, and reducing damages to the community’s assets from
natural hazards. Input will be considered from relevant state and federal agencies, as well.

Evaluation of these mitigation actions will be based on, but not limited to, the following criteria:
• Technical feasibility
• Economic benefits
• Environmental impacts
• Community acceptance
• Staffing and funding (Administrative)
• Maintenance needs
• Political support
• Legal authority
• Historic projects of similar scope and
magnitude
All mitigation actions, regardless of their criterion, will be assessed and discussed. Each mitigation action will include the following:
• Project Name and Number
• Goal and/or Objective being met
• Hazard to be mitigated
• Description of the Problem
• Project Description
• Estimated Timeline
• Lead Agency responsible for
implementation
• Estimated Costs
• Estimated Benefits
• Potential Funding Sources
• Whether or not the project is related to a Critical Facility (and if so, assurance that the facility will be protected to the 500-year event or greatest damage scenario).

Subtask 4.3 Mitigation Actions Implementation Strategy
The implementation strategy identifies how the City of Chino proposes to achieve its mitigation goals and objectives. The Mitigation Actions Implementation Strategy will redefine, identify, and confirm mitigation actions, partners, resources, and schedules.

The implementation strategy will also cover potential funding sources. The sources will be described and include a website link for further information.

ISC will prepare a draft Mitigation Actions Implementation Strategy for review by the Planning Team. Once reviewed, ISC will incorporate changes to the newly created Mitigation Actions Implementation Strategy.

The strategies proposed by ISC will ensure compliance with DMA 2000 and will delineate between pre-disaster (FEMA’s BRIC program) and post -disaster (HMGP 404 and 406) actions.

The ISC Team will provide technical support to the six- hazard mitigation and pre paredness categories, as defined by FEMA: prevention, property protection, public education and awareness, natural resources protection, emergency services, and structural projects.

ISC will work directly with the
City of Chino stakeholders to
ensure the identified mitigation
actions are effective, efficient,
scalable, and pragmatic.
81 Page | 21

5.6 Task 5: Assisting in Plan Adoption, Monitoring, and Evaluation
The ISC Team will write a complete final draft of the LHMPU for the City of Chino. The plan will include a risk assessment and mitigation strategy as well as a process for maintaining the plan so that it continues to be a useful document for the rapidly growing and urbanizing communities.

ISC will deliver final drafts to the City of Chino officials and relevant stakeholders. These deliverables will integrate with the business flow and be compliant with federal, state, and local regulations.

Subtask 5.1 Maintenance Strategy
The Plan Maintenance section, included in the final plan, will ensure that the document continues to be viable and is compliant with federal directives, and that the plan moves toward implementation over the next 5 years. ISC also commits to offer a one-year plan maintenance review.

The maintenance strategy will detail how the City of Chino will monitor, evaluate, implement, and update the Plan. Updates or changes to the plan will be made periodically to accommodate evolving needs and to respond to actual disasters. ISC has developed multiple year -by-year implementation strategies, which ensures the plan remains viable and relevant.

Subtask 5.2 Incorporation into Existing Planning Mechanisms ISC will work in concert with the Planning Team to incorporate the LHMPU into existing planning mechanisms (including Veoci). We will consider community development plans, local capital improvement budgets, floodplain management plans, emergency management doctrine, and other planning mechanisms that are relevant to each community’s hazard mitigation strategy.

Subtask 5.3 Implementation Schedule
Each mitigation project will include an implementation schedule per the “Implementation Plan.” Subtask 5.4 Continued Public Involvement
In past engagements, we have developed robust and detailed public involvement campaigns and schedules to ensure continued public feedback. We also have the capability to encourage real-time and continuous feedback through virtual tools (i.e., surveys, social media, web sites, etc.) The ISC Team will write a complete final draft of the LHMPU for the City of Chino. The plan will include a risk assessment and mitigation strategy as well as a process for maintaining the plan so that it continues to be a useful document for the rapidly growing and urbanizing communities.

ISC will deliver final drafts to the City of Chino
officials and relevant stakeholders. These
deliverables will integrate with the business flow at the City of Chino and be compliant with federal, state, and local regulations as applicable.
82 Page | 22
Subtask 5.5 Draft Plan
The project team will prepare a draft of the City
of Chino’s LHMPU that will document the
mitigation planning process and address the
elements required by 44 CFR 201.4 and CPG 101.

ISC will assemble information, comments, and
reports from the previous tasks. Informational
databases, graphics, and maps will also be
included in the final plan to visualize the
geographic, functional, or systematic relationship
between the loss estimation and the mitigation activity chosen.

To meet DMA 2000 requirements, the document will include a description of the planning process; a definition of the planning area identifying who was involved in the process, how they were involved, and methods of public participation that were employed; and a detailed description of the decision-making and prioritization process.

ISC will distribute the copies to the Planning Team for review. A public review draft will be also released for public comment before the LHMPU is finalized.

The Planning Team will meet to review the LHMPU draft. ISC will incorporate all the Committee’s final revisions and will submit the plan to the City of Chino officials within two
weeks after the receipt of final review comments (we can provide printed, electronic, or both formats).

Subtask 5.6 Final Plan & Submission to the State & FEMA ISC will complete the final draft of the plan and will develop the appropriate Plan Review Tool.

The plan will be updated to reflect new programmatic changes to the mitigation program, which became effective April 2023.

ISC will submit copies of the final draft to the State of Texas and/or FEMA Region VI for approval.

When approved by FEMA, the City of Chino
Project Lead will present the plan before the City of
Chino leadership for formal adoption.

After FEMA indicates the City of Chino’s LHMPU is approvable pending adoption (APA), ISC will assist in preparing the plan to be adopted, with copies of the adoption resolutions provided to the State and FEMA by the City of Chino
and ISC.

5.7 Closeout
Upon completion of this project and finalization of the proposed deliverable, the ISC Project Manager will provide a "Project Close-Out" report. This report will incorporate the final "Monthly Status of Accomplishments and Costs" report information, summar ize this project effort, and recommend improved methodologies for future initiatives of a similar nature.

The "Project Close-Out" report will be submitted as draft copies to the City of Chino Project Lead within 45 days of completion of the City of Chino’s LHMPU.

Best Practice #6
ISC leverages our library of compliance
metric tools to allow clients to validate
their plans against federal, state, and
industry requirements, include DMA
2000. Our data-driven assessment gives
emergency management professionals the
opportunity to evaluate compliance
systematically & comprehensively.
83 photo by: freepik.com
Hazard Mitigation Assistance Contracting Guidance
For FEMA-Eligible Projects, Non-State Subrecipients

PURPOSE OF THIS PUBLICATION
This publication is intended to be an overview of contracting requirement applicable to Non-State Subrecipients (non-Federal entities other than states) of FEMA Hazard Mitigation Assistance funds.

This publication is not intended to serve as legal advice and does not reflect all of the federal procurement requirements.

Cal OES makes no guarantee that adherence to this guide will result in the full reimbursement of costs and recommends that reviewing the procurement requirements applicable to the disaster period.

Reference Materials Appearing in this Publication
· 2 CFR §200 Refers to the OMB’s Title 2, Chapter II, Part 200 of the Code of Federal Regulations · PGFMS Refers to FEMA’ s Procurement under Grants Field Manual Supplement Rev. March 2019 84
Summary
• Following Federal procurement standards (Title 2 CFR 200.318-200.326) and FEMA’s Program Policy is a condition of receiving Hazard Mitigation Assistance funding for the cost of eligible goods and services.
• Non-State Subrecipients must follow their own documented procurement standards (reflecting applicable State, Tribal, and local government laws and regulations) AND Federal procurement standards (Title 2 CFR 200.318(a)).
• When the two standards conflict the more restrictive standard applies. • State, local, and tribal law cannot waive Federal procurement requirements, even during an emergency.

Overview
Non-State Subrecipients of Hazard Mitigation Assistance Funds Must:
• Maintain adequate oversite of their contractors and document the steps taken to ensure their contractors perform to the terms, conditions, and specifications of their contracts. 2CFR §20 0.318(b) • Maintain and enforce a written standard of conduct covering conflicts of interest, performance of employees engaged in the selection, award, and administration of contracts. 2CFR §200.318(c)(1) • Not enter into any contracts that are conditional on the approval of federal funding. • A
ward contracts to responsible contractors with the ability to execute the contract. 2CFR §200.318(h) • Take responsibility for the settlement of all contractual and administrative issues. 2 CFR §200. 318(k) • Facilitate full and open competition and must exclude contractors that create the Subapplication, or assist in development of materials used to construct the IFB, RFP, or RFQ from competing for the resulting contract. 2CFR §200 .319(a)
• Procure all contracts using approved methods and must advertise the intent to contract when required. 2CFR§200.320
• Follow the affirmative steps to ensure that small businesses, minority owned businesses, women’s
business enterprises, and labor area surplus firms are used when possible. 2CFR§ 200.321 • Document a price/cost analysis for contracts over the Simplified Acquisition Threshold (currently $250,000), including contract modifications. 2 CFR §200. 323 • Ensure contracts contain all FEMA required clauses and provisions. 2 CFR §200. 326, PGFMS Ch. IV ¶12 • Comply with the National Environmental Policy and Historic Preservation Acts. PGFMS Ch. C ¶6
• Maintain detailed and accurate records including: 2 CFR §20 0.318(i) o Rationale for the method of
procurement
o Selection of contract type
o Contractor selection or rejection
o The basis for the contract’s price
o Pre-solicitation documents
o List of contractors solicited
o Solicitations, addenda, and
amendments
o Notice of award
o Notice to unsuccessful bidders
o Record of protests, disputes, and claims
o Bid, performance, payment, and bond
documents
o Notices of proposed contract action
o Independent cost estimates
o Determination of contractor’s
responsiveness
2 85
Keeping Records and Maintaining Adequate Technical Capa city • All documents related to the history of contract procurement must be recorded with a sufficient level of detail and maintained for three years following the State’s closure of the grant. 2CFR
§200.318(i), 2CFR §200.333
Ensuring Compliance with the Environmental and Historical Pr
otection Laws
• Compliance with environmental and historic preservation laws including the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) are required. PGFMS Ch. C ¶6
Contact the Cal OES Environmental/Historical Officer to determine if a NEPA/NHPA review is required before a project begins.

Including Disadvantaged Business Enterprises (DBE) and Labor Surplus Area Firms
The following affirmative steps are required to ensure small businesses, minority and women’s owned businesses (DBEs), and labor surplus area firms (LSAs) are used when possible: 2CFR §200.321 • Place DBEs/LSAs on solicitation lists and solicit to them when they are a potential source. • Use the services of organizations such as the Small Business Administration and the Minority Business Development Agency.
• When economically feasible, divide total requirements into smaller tasks or quantities and establish delivery schedules.
• Require contractors who use subcontractors to follow the affirmative steps. 3 Ensuring Full and Open Competition
Contracts must be procured in a manner providing full and open competition: 2CFR §200.319 • Do not place unreasonable requirements on potential contractors, e.g. unnecessary experience or bonding.
• Do not specify a brand name of the product that must be used (“brand name or equal” is allowable).
• Do not make noncompetitive awards to consultants on a retainer contract. • Undertake reasonable efforts to ensure the contract procurement process is free from conflicts of interest and that prospective contractors do not engage in bid rigging. • Do not apply different treatment to contractors based on their geographical location except when evaluating architectural and engineering services or when requiring compliance with state licensing laws.
• Ensure that prequalified lists (if used) include sufficient number of sources. • Allow contractors to qualify to be added to prequalified lists during the solicitation period. • Provide adequate information and time to respond to the advertisement. 86 Eligible Methods of Procurement
* The $10,000 Micro Purchase and $250,000 Simplified Acquisition Thresholds are periodically adjusted and defined in FAR 2.14
Methods When to Use
Micro Purchases Contract aggregate amount ≤ $10,000* • Do not require bids/solicitation.
• Price must be reasonable and awarded to a responsible contractor.

See 2 CFR §200.67 and FEMA PGFMS Ch. V ¶ 2.b - 2.d
Small Purchases Contracts ≤ $250,000*
• Only qualified responsibly contractors should be solicited for quotes. • Must receive an adequate number of quotes from qualified sources. • If the lowest quote was not accepted, document the reason.

See 2 CFR §200.320(b) and FEMA PGFMS Ch. V ¶ 2.e
Sealed Bids Contracts > $250,000*
Used when price is the primary consideration used to select the contractor. • Advertised for bidding using an Invitation for Bids, and solicited to known contractors. • Advertisement period must provide sufficient time for contractors to respond. • Minimum of 2 (preferably more) responsive/responsible bidders required. • Awarded to lowest responsive and responsible bidder.
• Any and all bids may be rejected if there is a sound documented reason.

See 2 CFR §200.320(c) and FEMA PGFMS Ch. V ¶ 2.f
Competitive
Proposal
Contracts > $250,000*
Used when other factors are at least equal to price when selecting the contractor.

Price is a Selection Criteria
• Advertised using a Request for Proposals (RFP).

Price is not a Selection Criteria (Limited to Architect and Engineering Services) • Advertised using a Request for Qualification (RFQ).
• Price is negotiated after the contractor is selected. • Must be advertised and the bid period must provide sufficient time for contractors to respond. • Evaluation factors and their importance must be listed in the advertisement. • Procedure for conducting evaluations must be documented beforehand. • Proposals must be solicited from adequate number of qualified sources. • Minimum of 2 (preferably more) responsive/responsible contractors required.

See 2 CFR §200.320(d) and FEMA PGFMS Ch. V ¶ 2.g
Non-Competitive
Proposal
Acceptable when 1 or more of the following apply:
• The item is available only from a single source.
• Noncompetitive proposal has was given express authorization from FEMA or Cal OES. • Work must start immediately due to a public emergency or exigency. • Competition was determined inadequate following competitive solicitation procedures.

Contracts awarded without price competition must also:
• Have a documented cost analysis justifying the contract’s price. Page 14 of FEMA’s Pricing Guide • Include the contractor’s profit as a separately negotiated cost element. 2 CFR § 200.323(b) See 2 CFR §200.320(f) and FEMA PGFMS Ch. V ¶2.h
87 Contracts
5 Eligible
Contracts
Description
Time and Materials Provides for payment of the actual cost of materials and direct labor charged at fixed hourly rate reflecting wages, general/administrative expenses, and profit.

Time and Materials contracts are only allowable after making a determination that no other contract type is suitable.

FEMA will review such contracts to determine if lacked a rational basis and/or the procurement violated any Federal laws, regulations, or FEMA policy.

When the scope of work becomes clear, these contracts must be canceled and replaced.

Time and Materials Contracts Require:
• The right to terminate for convenience;
• A ceiling price the contractor will exceed at their own risk; • Documentation explaining why no other contract was suitable; and, • A higher degree of oversight to ensure the contractor is controlling the costs.

See 2 CFR § 200.318(j) and FEMA PGFMS Ch. IV ¶ 8
Fixed Price
(Lump Sum)
Provides for the payment of a fixed price with or without economic adjustment or incentives. • Firm Fixed Price Not subject to any adjustments. • Economic Adjustment Revision for specified contingencies. • Incentive Adjustment Based on actual to target cost of completion. • Unit Price A fixed price that is itemized by a unit of measure.

See FEMA PGFMS Ch. IV ¶ 10.b.vi.(1)
Cost-Plus-Fee
(Reimbursement)
Provides for the payment of actual costs and a fee that reflects the contractor’s profit. • Used when uncertainties prevent the use of a Fixed Price contract; • A ceiling cost should be established that cannot be exceeded without pre-approval. • Incentives can be used to encourage higher quality, lower costs, or faster completion.

See 2 CFR § 200.320(f) and FEMA PGFMS Ch. IV ¶ 10.b.vi.(2) 88 Contracts
6 Ineligible
Contracts
Description
Cost-Plus % of Cost Provides for the payment of actual costs and a fee reflecting the contractor’s profit that is calculated as percent of the actual costs.
• No economic incentive for the contractor to control the cost. • Not eligible for Hazard Mitigation Assistance funding.

See 2 CFR § 200.323(d) and FEMA PGFMS Ch. V ¶ 4.c for additional guidance Existing
Contracts
Description
Advanced Contracts
(Prepositioned)
Awarded before an incident occurs for the potential performance of work.

Advanced (pre-awarded) contracts can only be used when:
• Awarded in compliance with all federal procurement standards. • The scope of work does not exceed what could be expected during a future declaration. • The work performed falls within the scope of the contract.

See page 2 of FEMA ’s Key Points Regarding Contracting Practices Piggy Back
Contracts
Solicited and awarded by another entity.

Not recommended by FEMA because the original underlying contract often does not meet all of the federal procurement standards having often been issued under different circumstances and for a different scope of work.

See page 4 of FEMA ’s Key Points Regarding Contracting Practices 89 Required Contract Provisions
• Contracts cannot use the DHS seal/logo without preapproval. PGFMS Ch. IV ¶12.b.iii • Contracts cannot include contingencies stating the contract is dependent on other Federal funding sources.
• Suspension and debarment of contractors.
2CFR 200 Appx II (I)
• FEMA and Cal OES are not parties to the contract,
and not subject to obligations or liabilities.

PGFMS Ch. IV ¶12.b.v
• The contractor acknowledges that 31 U.S.C. Chap. 38
applies to its actions. PGFMS Ch. IV ¶12.b.vi
• FEMA will fund the contract, and that FEMA and Cal OES have the right to review the contractor’s records.

PGFMS Ch. IV ¶12.b.ii, PGFMS Ch. IV ¶12.b.iv
• The contractor will comply with federal law, regulation, executive orders, and FEMA policies, procedures, and
directives. PGFMS Ch. IV ¶12.b.iv
See the FEMA Pricing Guide for information about completing a Price or Cost Analysis.

Sample language for contract clauses 2 C.F.R. Part 200, Appendix II Contracts Must Include Provisions Addressing the Following: 2CFR §200.326, PGFMS Ch. IV ¶12 7 Other Required Contract Provisions and Clauses
Construction Contracts Must include an Equal Employment Opportunity Clause 2CFR 200 Appx II (C) Contracts > $10,000 Must address Termination for Cause and for Convenience including the manner by which it will be effected and the basis for settlement. 2CFR 200 Appx II (B) Contracts ≥ $100,000 Must include a Byrd Anti-Lobbying Clause. 2CFR 200 Appx II (J) Contracts > $100,000 Involving the employment of mechanics/laborers must include a Work Hours and Safety Standards Act Clause. 2CFR 200 Appx II (E)
Contracts > $150,000 Must Address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2CFR 200 Appx II (A)
Contracts > $150,000 Provision requiring the contractor to comply with the Clean Air Act and Water Pollution Control Act 2CFR 200 Appx II (G)
Price Analysis Cost Analysis
Awards made with price competition > $150,000 require a relatively simple price analysis that compares the bids/proposal received and rational for selecting the awarded contractor.

Awards made without price competition require a more detailed cost analysis regardless of the value of the contract. This includes situations where competition was determined to be inadequate.

Price and Cost Analysis Requirements
90 The System for Award Management (sam.gov) should be used to verify contractors are not suspended or debarred before making an award. Documenta tion should be r etained demonstr ating tha t the verifica tion was performed. 2CFR §200.212 Only responsible contractors that can successfully execute the contract should be considered for an award. 2CFR §200.318(h), PGFMS Ch. IV ¶6.a
A responsibility determination must be documented and should include criteria such as:
• Integrity
• Performance record
• Possessing necessary resources
• Compliance with public policy
Determination of Contractor’s Eligibility
• Competition is said to be inadequate when all of the competition requirements were followed and either only one or no contractors submitted a bid. 2CFR §200.320(f)(4)
• If the contr act was not suf ficiently publicized, or included an overly r estrictive r equirement tha t dis suaded competition, FEMA will not consider competition inadequate. PGFMS Ch. V ¶2.h.i.(4)b-c • If the decision is made to move forward with a noncompetitive award without revising or cancelling the solicitation and re-soliciting offers or bids, it is important to document why ther e was inadequa te competition. This may include evalua ting whether or not the contract was sufficiently publicized or solicited and speaking with unresponsive contractors to determine their reasons for not responding.PGFMS Ch. V ¶2.h.i.(4)c.i Inadequate Competition
When a contract is awarded without price competition, the contr actor’s pr ofit must be negotia ted. 2CFR §200.323(b), PGFMS Ch. V ¶4.b When negotiating profit the following factors should be considered:

Negotiating Profit for Contracts Awarded without
Price Competition
• Complexity of the work to be performed;
• Amount of subcontracting that will be required;
• Risk borne by contractor;
• Contractor’s record of past performance;
• Contractor’s investment; and,
• Industry profit rates for similar work in the area.

Construction and facility improvement contracts or subcontracts > $150,000 must be bonded and if a bonding policy has not been pre-approved by FEMA and C al OES, the following is r equired: PGFMS Ch. V ¶5 • Bidders must guarantee 5% of the bid price as as surance tha t, if awar ded, they will e xecute the contr act. • Awarded contracts must provide a performance bond and a payment bond for the amount of the contract.

Bid Guarantees and Bonding Requirements
8 91
The DHS OIG has the right to audit any Disaster Assistance grant for three years following its closure. If an audit reveals that federal regulations were not followed, the OIG will recommend that FEMA de obligate the portion of the project’ s funding related to the non-compliance.

Common OIG Audit Findings related to Contracting:

Office of Inspector General (OIG) Audits
• Failing to procure contracts using full and open
competition
• Failing to follow the affirmative steps
• Not maintaining sufficient contractor oversight;
• Not having written standards of conduct
• Not maintaining adequate records
• Not including all required contract provisions
• Using T&M (time-and-material) contracts before
determining that no other contract was suitable
• Not document a price or cost analysis for contracts
when required
• Not negotiating profit as a separate cost element
when required
• Using cost-plus-a-percentage-of-cost contracts
See the OIG’s Audit Tips for Managing Disaster-Related Project Costs for information.

Additional Resources
9 FEMA Procurement Guidance
A guide published by FEMA to assist with the
procurements of property and services.

FEMA HMA Program Guidance
An overview of the Hazard
Mitigation Assistance Program
process with links to additional
details.

FEMA Pricing Guide
A guide published by FEMA to assist with
performing price and cost analyses.

FEMA Procurement Checklist
A checklist published by FEMA to assist
applicants complying with the federal
procurement regulations.

Required Contract Clauses
A list of the required contract clauses with
sample language.

Key Points Regarding Contracting
A guide published by FEMA to detailing some
of the most important aspects of contracting.

Code of Federal Regulations
Title 2, Subtitle A, Chapter II, Part 200
Uniform Administrative Requirements, Cost
Principles, And Audit Requirements For
Federal Awards.

Federal Acquisition Regulation (FAR)
The principal set of rules in the Federal
Acquisition Regulations System.

FEMA ’s Procurement Under Grants
Webinar Series
A series of webinar modules covering the
procurement standards for Federal Awards.

Disaster Recovery Audits Reports
Audit reports published by the Office of
Inspector General for FEMA disaster recovery
grants.
92 01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
**There are no special requirements.**

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

III. The total compe nsation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
94 Page | 24

6. FEES
As a recognized small business, ISC works diligently to keep costs as competitive as possible, while maximizing the return on investment for our clients. With our extensive knowledge and experience developing HMPs, we are confident that we can deliver an LHMPU ahead of schedule, and under budget, as described in this proposal.

6.1 Fee Schedule
Based on the scope of work, the estimated cost for this project will be $78,750. This is a firm fixed price, inclusive of all labor, materials, travel expenses, and all other costs, direct and indirect, necessary for each task identified in the Scope of Work.

ISC will bill monthly for work performed for each task, unless otherwise directed by the client.

Task Price:

Task 1: Project Management $7,088
Task 2: Organizing Resources $18,900
Task 3: Hazard Identification and Risk Assessment $27,563 Task 4: Developing a Mitigation Strategy $17,325
Task 5: Assisting in Plan Adoption, Monitoring, and Evaluation $7,875 Total NTE Price $78,750

EXHIBIT C-1
95 01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

96 Page | 23

5.8 Schedule
The project timeline is executable immediately upon the notice-to-proceed. The timeline does not account for any unforeseen, uncontrollable delays to the project. ISC has developed this project timeline with the intention to foster full collaboration with the project’s key stakeholders and principals. This schedule will ensure the State and FEMA have adequate time to formally review and approve the plan. Our team is capable of initiating the project upon notice of contract award but will be prepared to begin immediately.

The below table is used as a representation of a general 6-month timeline for project completion.

Month
Task 1 2 3 4 5 6
Project Management
Project Initiation X X
PWP & Internal Controls X X
Project Reporting X X X X X X
Task 1: Plan Process
Planning Team & Meetings X X X X
Documentation of Process X X X X X
Public Outreach X X X X
Task 2: Risk Assessment
Hazard Identification & Profiles X X X
Hazard Mapping X X
Vulnerability Assessment X X
Capabilities Assessment X
Task 3: Mitigation Strategy
Develop Mitigation Goals X
Prioritize Mitigation Actions X X X
Implementation Plan X
Task 4: Plan Maintenance
Maintenance Strategy X X
Incorporation into Existing Planning X
Implementation Schedule X
Continued Public Involvement X
Task 5: Plan Development and Adoption
Draft Plan X X
Final Plan X X
Submission & Adoption X X

97 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Pine Avenue Improvements Project (ST203) - Professional Services Agreement with Moffatt & Nichol.
..end

RECOMMENDATION
Award a Professional Services Agreement for $362,810 to Moffatt & Nichol, Long Beach, CA, for consulting services for Environmental Compliance, Regulatory Permitting, Right of Way, and Utility Coordination for the Pine Avenue Improvements Project (ST203); and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023 -24 Capital Improvement Program Budget for the Pine Avenue Improvements Project (ST203). The total available budget is $1,588,457.74 as summarized below:

Funding Project Budget Expenses/Encumbrances Available Budget 320 Transportation $6,755,910.00 $5,197,452.26 $1,588,457.74

Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48004 – ST203
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 98 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: PINE AVENUE IMPROVEMENTS PROJECT (ST203) - PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL.

PAGE: 2

BACKGROUND
Pine Avenue, between Euclid and Hellman Avenues, is a master -planned facility included in the City’s Development Impact Nexus and Calculation Report, which will be a six -lane arterial roadway with a raised landscaped median. The Pine Avenue Widening and Improvement Project (“ST203”) encompasses two main components: the wide ning of Pine Avenue between Euclid Avenue and Johnson Avenue to the ultimate six lane configuration (“Pine Widening”) and improving the Euclid Avenue and Pine Avenue intersection (“Euclid/Pine Intersection”).

Completion of Project ST203 will enhance roadway and intersection safety, increase traffic flow, relieve traffic congestion, and improve the quality of life for the residents in the regions including south Chino area; residents of Eastvale, Ontario, and Norco. Project ST203 requires additional rights-of-way, relocation of existing utilities, changes in vertical profile, modification of intersections, new pavement and striping, provisions for new sewer, domestic water, recycled water, drainage, and water quality facilities. Construction of these new imp rovements will require coordination with adjacent property owners and/or review and permits from Army Corps of Engineers, Orange County Flood Control District, Caltrans, the California Department of Fish and Wildlife, and utility companies. This project wi ll raise the profile of the low point on Pine Avenue which is prone to flood inundation and closures during heavy rains.

On April 5, 2022, the City Council approved an amendment with IDC Consulting Engineers, Inc. (“IDC”) for project ST203, specifically f or environmental compliance, right -of-way (“ROW”), and utility relocation related to the Pine Widening. When the agreement with IDC expired on June 30, 2023, subconsultants Moffatt & Nichol and Monument ROW were engaged to ensure project continuity. On Jul y 1, 2023, the City entered into agreements with both Moffatt & Nichol and Monument ROW to continue their previous tasks for Project ST203. Moffatt & Nichol managed the California Environmental Quality Act (“CEQA”) and Regulatory Permitting tasks for Pine Widening, while Monument ROW managed ROW acquisition, utility relocation coordination, and potholing for both Euclid/Pine intersection and Pine Widening.

As noted above, Moffatt & Nichol’s original contract only included the Pine Widening effort, however, on September 28, 2023, City staff was informed by the United States Army Corps of Engineers (USACE) that a Section 408 Permit would be required for both Pine Widening as well as the Euclid/ Pine Intersection improvements. To minimize impact to USA CE jurisdiction and the amount of soil export, the Pine Widening design was revised to match a previous conceptual plan approved in 2021 by the USACE. Due to this revision, and the requirement for both Pine Widening and Euclid/Pine Intersection improvement s to obtain USACE Section 408 Permit, it was recommended to combine the 408 Permit environmental scope to cover both components.

This additional effort requires expansion to the physical limits of the study area for the CEQA and the National Environmental Policy Act documentation and support required by the USACE for the Section 408 Permit. City staff therefore made the determination to advertise a Request for Proposals (“RFP”) for the expanded scope for both the environmental, right of way acquisition, and utility coordination related to ST203 to ensure the best pricing and quality for the City.

ISSUES/ANALYSIS
On November 30, 2023, Staff solicited an RFP for Environmental Compliance and Regulatory Permitting Services; ROW Acquisition; and Utility Coordination and Relocation related to project ST203. The City's RFP informed potential proposers that design work is underway, with some 99 CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: PINE AVENUE IMPROVEMENTS PROJECT (ST203) - PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL.

PAGE: 3

aspects already started and various studies either initiated or finished. Additionally, the City intended to terminate exis ting contracts while utilizing all information gathered to date and carrying over uncompleted tasks to this new contract. The existing agreements for ROW Acquisition, Utility Coordination, and Relocation were issued to maintain project progress while the City solicited an RFP for the remaining work. Once the new agreement is awarded, these current agreements will be closed, having reached their $50,000 threshold for City Manager authority according to the City’s Purchasing Ordinance and Procurement Guidelin es. Staff received four (4) proposals which were evaluated and ranked by the following criteria:

 Experience/qualifications
 Past performance/references
 Plan methodology/project approach
 Quality of responsiveness of proposal
 Cost evaluation
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 Moffatt & Nichol Long Beach, CA
2 Dokken Engineering Folsom, CA
3 Ruth Villalobos & Associates, Inc. Ontario, CA
4 MNS Engineers, Inc. San Bernardino, CA

Staff recommends that the City Council approve a Professional Services Agreement for $362,810 to Moffatt & Nichol , Long Beach, CA for Consulting Services for Environmental Compliance; Regulatory Permitting; Right of Way; and Utility Coordination related to the Pine Avenue Widening and Improvements Project (ST203).

Attachments: Exhibit A – Project Location Map
Exhibit B – Professional Services Agreement – Moffatt & Nichol

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Project Name/No.: Environmental Compliance, Contract No.: ______________ Regulatory Permitting, ROW,
& Utility Coordination for ST203

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

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

MOFFATT & NICHOL
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of May, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Moffatt & Nichol, 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 or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 102
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and 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 Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, 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 Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 103
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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. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. 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 employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, 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 bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance 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 the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. 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 at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 106
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Sixty -Two Thousand Eight Hundred Ten Dollars and Zero Cents ($362,810.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 107
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 108
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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, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 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- year (1) terms at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(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. 109
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Michele Hindersinn, 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 Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 110
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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, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 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. 111
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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 include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 113
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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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 the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 115
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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 decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 116
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for 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 shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 117
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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 obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) 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 terminate this 118
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 120
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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 designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 121
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) 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, PE, Director of Public Works

CONSULTANT:

MOFFATT & NICHOL:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures 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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EXHIBIT “A”

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

II. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”

Task 1. Project Management (Environmental)
M&N Staff will be available to attend project meetings with the design team and city staff. These may include meetings to discuss the Scope of work, develop and refine the project, administrative draft document review meetings, focused issue discussion meetings, or meetings with United States Army Corps of Engineers (USACE) and/or Orange County Flood Control District (OCFCD). Consultant will produce presentation materials as necessary and be available to discuss the environmental review process and results of the Draft and Final CEQA IS/MND and NEPA EA/FONSI documents. Consultant will assist staff, at their direction, through the public comment and certification processes and other means of support as may be appropriate.

Deliverables: Attendance at project coordination meetings (assumes up to 80 hours).

Task 2. CEQA Compliance (Environmental)

2.1 Project Description
M&N will update the Project Description based on project updates associated with revised project elements, including environmental footprint, staging, storage, and construction methods.

This assumes up to one iteration of City/Team staff review comments. This assumes up to two iterations of City/Team staff review comments. Substantial changes to the Project Description will not occur once approved by the City. If substantial changes occur after approval, additional budget may be required to revise documents for accuracy and consistency.

Deliverables: Draft and final revised project description

2.2 Update IS under CEQA (“Draft Environmental Document”) Update Draft Administrative CEQA IS/MND to include Segment 2 and in compliance with CEQA Statutes and Guidelines, including Appendix G Environmental Checklist. The M&N Team will examine and recommend feasible ways to eliminate or minimize adverse environmental impacts. Based on the information we know at this time, the M&N Team is assuming that this project will not have significant impacts on the environment, and an Environmental Impact Report will not need to be prepared. This task assumes that an Administrative Draft IS/MND will be prepared, and a meeting with the City will be held to address any outstanding issues. This subtask will finish with a public review Draft IS/MND ready for public circulation.

Deliverables: Updated CEQA Administrative Draft IS/MND and CEQA Draft IS/MND for Public Circulation.

2.3 Technical Studies
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The technical studies will be revised to include the additional project footprint area, including Segment 2. To support the conclusions of the analysis for some of the environmental topical areas, we will provide revised detailed technical studies. The results of the technical studies will be incorporated into the CEQA/NEPA environmental documentation, and the actual technical studies will be included as an attachment to the Draft IS/MND and Draft EA document(s).

The existing draft technical studies prepared by specialty subconsultants will need to be updated:

Air Quality and Greenhouse Gas (Entech Consulting Group), Biological Survey, Analysis & Biological Technical Report; Wetland and Waterway Delineation & Report; Burrowing Owl Survey & Report; and Riparian Bird Surveys & Report (Noreas, Inc.), USACE -Compliant Cultural Resources Assessment Report (DUKE CRM), and Noise Study Report (Entech Consulting Group). Based on recent discussions with the City, it was determined that VMT mitigation may be needed, and a specialty firm (STC Traffic) is being added to the team to review traffic documentation to determine VMT impacts from Segments 1 and 2. Task 12 indicates optional tasks for consideration by the City to prepare VMT Approach and VMT Mitigation Memos.

Biological Resources
NOREAS will perform literature reviews and archival records searches, conduct baseline biological surveys (i.e., flora and fauna), conduct habitat assessment for special status species, and delineate the Waters of the US and State. To that end, NOREAS will revise the biological technical reports and conduct biological surveys and compliance activities based on the revised project description, new environmental footprint, and revised permitting regulations. Our experience with riparian birds (Least Bell’s Vireo and Southwestern Willow Flycatcher), raptors (Burrowing Owl), critical habitat avoidance, and delineation of Waters of the United States and State will give the team momentum and translate into simplified communication and streamlined execution. These are circumstances unique to the City, San Bernardino County, and Santa Ana RWQCB. Our biologists are exceptionally qualified because they have already been authorized to survey and monitor nesting birds, herpetofauna, wetlands, waterways, rare plants, and special status species by the USACE, USFWS, CDFW, and other resource agencies in CA. Our approach and strategy toward agency coordination are flexible concerning outreach, document transmittal, and direct coordination. We encourage regular communication with clients to ensure we understand their philosophy and expectations before a project begins. NOREAS has established and maintained successful, long-term working relationships with regulatory agencies, resource specialists, and colleagues. These personal relationships have led to expedited permitting timelines and scaled -down compensatory mitigation requirements for various projects.

Air Quality Impact and GHG Analysis

The focus of the construction analysis will be on the pollutants of greatest concern, PM2.5, and ozone. The project area is currently nonattainment for ozone and PM2.5. Significant increases in these pollutants can lead to adverse health effects and nuisance concerns. PM2.5 emissions are produced from excavation, grading demolition, vehicle travel, and paved and unpaved surfaces. 126

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The use of diesel -powered construction equipment produces ozone precursor emissions and combustion-related particulate emissions. CalEEMod will be used to quantify emissions from construction and compared to SCAQMD thresholds to determine significance. Greenhouse Gas/Climate Change - Quantification of GHG will be performed to determine emission levels from the construction and operational aspects of the proposed project. CalEEMod will be utilized to estimate CO2 emissions from the construction and operation of the proposed project. The analysis will discuss project implementation measures that can be employed to reduce GHG emissions and potential climate change impacts from the projects. Utilizing the analysis identified above, an Air Quality Technical Report will be prepared in accordance with the provisions of CEQA requirements. Entech will update the Air Quality and GHG Report to respond to the CEQA checklist questions about air quality.

Cultural and Paleontological Resources:

DUKE CRM will build on earlier background and field research to ascertain the presence and/or likelihood of encountering historic properties and/or paleontological resources in compliance with federal and state regulations. Background information has been acquired from the South Central Coastal Information Center regarding cultural resources and the Natural History Museum of Los Angeles County regarding paleontological resources, the Native American Heritage Commission regarding tribal cultural resources, as well as outreach to listed Native American groups and individuals. Field surveys conducted within authorized properties did not identify either cultural or paleontological resources. The current project will review cultural and paleontological resource background information and conduct field investigations within authorized areas not previously investigated. Cultural investigations shall be coordinated with USACE and the City. Cultural resource compliance will be reported in USACE format, which the city shall accept as compliance with CEQA. The report shall document background research, field investigations, and Native American outreach as requested by the USACE. Native American outreach shall include requests for additional consultation according to State Assembly Bill 52 (AB -52). A separate technical report shall report paleontological research and survey results in compliance with CEQA.

Noise:

Entech Consulting Group will perform a construction noise analysis to include the expanded environmental footprint area to predict construction noise levels from the project site to demonstrate compliance with the noise ordinance. Mitigation measures to reduce noise associated with the project's construction will be discussed. Entech will update the Technical Noise Report to respond to the CEQA checklist questions related to noise.

Traffic Documentation Review:

A Traffic Impact Analysis (TIA) Report (May 2023) was prepared for the project and included VMT analysis per City Guidelines in compliance with CEQA and Senate Bill 743. The TIA, though, contains a conflicting result; it found the project increases VMT with no VMT impact.

This does not agree with the City’s VMT thresholds, which indicate that a VMT increase in the project condition, compared to the no project condition, is an impact and requires mitigation.

This conflict requires resolution for CEQA VMT compliance. Our approach is threefold: (1) 127

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review the TIA to confirm the quantitative VMT analysis and findings, (2) assuming the analysis is correct and there is increased VMT, the conclusion will be corrected to reflect that the project has a VMT impact, and (3) mitigate the VMT impact. The last item is most critical, and the VMT mitigation measures will follow TIA guidelines and “Implement Transportation Demand Management (TDM) measures to reduce VMT generated by the project.” Given subject ambiguity, this is expected to be the clearest and most direct way to mitigate VMT. The project is as much a TDM improvement project as a widening/capacity improvement project based on the extent of pedestrian and bicycle facility improvements on Pine Avenue. These are built -in mitigation features that will offset VMT. We will employ methods to quantify VMT reduction using the Project’s San Bernardino Transportation Analysis Model (SBTAM) runs, state and national online models, and/ or qualitative methods. Ultimately, the VMT review and reduction analysis will support beneficial findings, including reduced traffic congestion and associated GHG emissions, satisfy the City’s General and Specific Plans and performance standards, provide important connections, and enhance safety and access for pedestrians and bicycles to transit and area destinations. Per discussions with the City, at this time, a review of the VMT documentation is included within this task, and the additional steps identified above are included under Optional Task 12 to prepare a VMT Approach Memo and VMT Mitigation Memo (for consideration by the City).

Deliverables:
• Draft and final updated Technical Studies (assumes up to two drafts if necessary) • Updated air quality and greenhouse gas study (Entech Consulting Group) • Biology – Update Biological Survey, Analysis & Biological Technical Report; Update wetland and waterway Delineation & Report; Update Burrowing Owl Survey & Report; and Update Surveys & Report (Noreas, Inc.)
• Cultural – USACE – Compliant Cultural Resources Assessment Report (Duke CRM) • Updated Noise Study Report (Entech Consulting Group)
• Traffic Documentation Review (STC Traffic) for input into Draft enbironmental document
• (Optional) VMT Mitigation Memo (STC Traffic)

2.4 Prepare and Circulate Public Draft IS/MND
Coordination with the City Regarding Public Circulation, Including Preparing and Submitting Required Notices (Including Notice of Intent):

The City is assumed to be the CEQA Lead Agency. M&N will prepare notices for review/approval of City staff, and M&N will support City staff in submitting the Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) form to the County Clerk and State Clearinghouse. M&N will circulate the Draft IS/MND for a 30 -day public review period. We will work with the City to develop a distribution list for the Draft IS/MND, including state and local agencies and other stakeholders for public review and comments. We will prepare the Notice of Completion (NOC) form for distribution to the State Clearinghouse and will draft notices for publication in local newspapers. It is anticipated that a public meeting will not be required.
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Deliverables:
• Support City during Public Circulation, and print up to 2 hard copies of the Public Review IS/MND
• Prepare Notice of Intent to Adopt a Mitigated Negative Declaration (assumes City will publish newspaper notices)
• Prepare and post Notice of Completion & Environmental Document Transmittal (NOC) at the County Clerk
• File NOC and Summary Form for Electronic Document Submittal with State Clearinghouse

2.5 Final IS/MND, Mitigation Monitoring, and Reporting Program Upon the close of the public review period, M&N will work with the City staff to prepare the Final IS/MND. This may involve preparing detailed responses to comments, depending upon the nature and magnitude of comments received. Additionally, any modifications to the IS/MND will be made to address public comments or other changes to the project or environmental information. After the adoption of the IS/MND, M&N will prepare the Notice of Determination (NOD) and post it to the County Clerk and State Clearinghouse, along with the CDFW filing fee.

M&N will prepare a Mitigation Monitoring and Reporting Program (MMRP) that will identify mitigation measures, timing, responsibility for implementation, and monitoring methods. We will work with City staff to identify appropriate responsible parties, methods, and timing. M&N will provide the MMRP with the screen-check Final IS/ MND.

Prepare Mitigated Negative Declaration (M ND) Under C EQA (“Final Environmental Document”):

Incorporate public comments obtained during public circulation and required updates as the “Draft Environmental Document” becomes the “Final Environmental Document.” M&N and the City will work together to respond to public comments, and M&N will prepare the Final IS/MND for certification.

Prepare And File Notice of Determination:

File the Notice of Determination (NOD) with the San Bernardino County Clerk of the Board and State Clearinghouse after the MND is certified. Is it is assumed that the City will remit the 2024 California Department of Fish and Wildlife document filing fee ($2,916) and the County of San Bernardino Document Filing fee ($50).

Deliverables:
• Draft and Final CEQA Final Initial Study with mitigated Negative Declaration. • Draft and Final MMRP.
• Attend and/or Present at up to one City Council Meeting (or support City staff) (as needed).
• Prepare draft and final notice of Determination (NOD) and other State Clearinghouse required transmittal forms.
• Post NOD at County Clerk and State Clearinghouse CEQA submit website.

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Task 3 Regulatory Permits (Environmental)

3.1 Permit Applications:

M&N will prepare applications for a USACE 404 NWP, RWQCB 401 Water Quality Certification, and a CDFW 1602 Agreement. Pending results of Task 2 (biology reports) and agency input, an additional scope/fee may need to be prepared by the M&N Team (if a USACE 404 IP is needed and/or any permits will be required for impacts to federal and/or state endangered/threatened species.

3.2 Agency Coordination and Responses to Agency Comments/ Requests for Information:

Agency coordination with the USACE, RWQCB, CDFW, and USFWS will be prioritized to identify the permitting requirements for 404, 401, and 1602. Further, M&N will determine if permitting associated with the Federal Endangered Species Act (ESA) and/or CDFW California ESA will be needed.

M&N will coordinate with the agencies and prepare responses to comments to Requests for Information (RFIs). We have assumed time and materials for two rounds of agency RFIs. If additional RFI’s are made, M&N may need additional authority to continue permit application processing.

Deliverables:
• Draft and Final USACE 404 Nationwide Permit, RWQCB 401 Certification, and CDFW 1602 Agreement Applications
• Agency Coordination/Responses to Comments and Agency Request for Information (RFIs)

Task 4 USACE Section 408 Permission (Environmental)

4.1 Prepare EA under NEPA (“Draft Environmental Document”):

Prepare Draft Administrative NEPA EA, compliant with “USACE Los Angeles District Section 408 Environmental Assessment Guidelines and Template” (dated August 2023). The M&N Team assumes this project will not have a significant impact on the environment, and an Environmental Impact Statement will not need to be prepared. This task assumes that an Administrative Draft EA will be prepared, and a meeting with the City/OCFCD/USACE may be held to address any outstanding issues. This subtask will finish with a public review Draft EA ready for public circulation.

4.2 Coordination with USACE Regarding Public Circulation, including preparing and submitting required Notices:

The USACE is assumed to be the NEPA Lead Agency. M&N may prepare notices for review/approval of USACE staff. USACE will be responsible for circulating the applicable notices, advertising the project in the newspaper, and/or posting on -site consistent with NEPA requirements. M&N will support the USACE during the required 30 -day circulation period, and it is anticipated that a public meeting will not be required. 130

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4.3 Prepare Final EA/FONSI under NEPA (“Final Environmental Document”):

Incorporate public comments obtained during public circulation and required updates as the “Draft Environmental Document” becomes the “Final Environmental Document.” M&N, USACE, and the City will work together to respond to public comments, and M&N will prepare the Final EA. M&N will prepare a Draft and Final Finding of No Significant Impact (FONSI) for review and approval by USACE.

4.4 (Optional) Combination of CEQA Draft IS/MND & NEPA EA/FONSI:

There is an optional task to combine CEQA and NEPA environmental documents into a single NEPA/CEQA document, should the USACE and City approve of the combination. If chosen, this combination will benefit and streamline the process, including only having one public circulation period and one (not two) environmental document.

Deliverables:
• Prepare Admin Draft NEPA Environmental Assessment (assume up to two revisions) • Prepare Draft NEPA Environmental Assessment for Public Circulation (assume up to two revisions)
• Support City/USACE during public circulation (notices, etc.) • NEPA Final Environmental Assessment (assume up to two revisions) • Prepare draft and final Finding of No Signification Impact (FONSI) • (Optional) Combine CEQA IS/MND and NEPA EA into a single IS/EA (leading to

MND/FONSI)

Task 5 Project Management (ROW)
The key to delivering any project lies in the experience and commitment of its Project Manager.

At the beginning of the project, Kim will create a ROW delivery plan that outlines the scope, cost, schedule, risk, approvals, quality, and stakeholder needs of the Project. With this in hand, Kim will be able to monitor the Project's day -to-day operations and provide the City with a weekly status update. Monument will interface with the City, their design team, and their project management team to manage the scope and schedule of the project. Monument will oversee all activities performed under this Contract, including coordination/preparation of meetings, providing periodic progress reports to the City, and maintaining project files. The project manager and utility coordinator will attend bi-weekly meetings with the project teams.

Deliverables:
• Attendance at project coordination meetings and provide weekly status updates to City

Task 6 USACE Section 408 Permission (ROW)
Monument will provide ROW support services per the USACE Section 408 Permission Section D (Real Estate Documentation) to determine the USACE lands impacted as a result of this project in compliance with AR 405 -80 and Chapter 8, ER 045 -1-12 for the following: deed, agreements between the USA, City, Office of the Assessor Property Information Report, and Assessor’s Parcel Number (APN).

Deliverables:
• Provide deed, agreements and Assessor’s Parcel Number (APN) consistent with USACE 131

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Section 408 permission section D real estate Documentation.

Task 7 Title Services (ROW)
Monument will utilize Commonwealth Land Title Company to obtain Preliminary Title Reports for impacted parcels, review them for ownership, and determine any unacceptable liens or encumbrances that must be addressed before the property is conveyed to the City. We will order litigation guarantees for any parcels before the eminent domain process begins. After execution and acceptance by both the owner and the City, signed documents will be delivered to Commonwealth Land Title Company, and escrows will be opened. The escrow officer will be instructed to produce a Settlement Statement, which will allow the City to process funds and deposit them into escrow. For partial fee acquisitions and permanent easements, properties with loans will require lender consent or subordination agreement prior to closing escrow. Oftentimes, title companies require support in contacting lenders and processing their requests for consent.

Monument has assisted with countless lender consents and title clearances and is committed to ensuring that all escrows are closed promptly, and title insurance is issued. The City will receive the title insurance policy and a final closing package.

Deliverables:
• Provide title reports for impacted parcels

Task 8 Appraisal Services
Monument will coordinate with Santolucito Dore. We will prepare the Notice of Decision to Appraise letters and assist with scheduling appointments with the property owners if requested.

We will also attend the property inspections so we can begin developing a rapport with the property owner early on in the process. Our Team will review the appraisals prior to finalizing the reports.

Deliverables:
• Prepare NOD to Appraise Letters
• Assist with scheduling appointments with property owner, if requested • Attend property inspections
• Review appraisals

Task 9 Acquisition Services
Our ROW agents will contact the property owner(s) and, if possible, meet with the owner in person to present the City’s offer within two (2) weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the right -of-way Contract, and answer any questions or concerns the owner may have concerning the process.

Owners will be given a reasonable opportunity to consider offers, present materials they believe are relevant to determining property values, and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously by negotiations. The right -of-way agent will proactively 132

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communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns, or clarifications requested by the property owner. The right - of-way agent will establish a file and maintain a parcel diary/log to record all communications with the property owner and/or the property owner’s representative.

Monument will assist the City with owner communication and coordination, primarily with OCFCD, as needed prior to negotiations. Once plats and legals are received and the project has environmental clearance, Monument will coordinate the appraisal process.

Deliverables:
• Contact property owner(s) and present the City’s offer within two weeks of the approved appraisal
• Coordinate with the property owner(s) on a regular basis to answer questions/clarification • Establish file and maintain parcel diary/log to record communications with the property owner(s) (or their representative)
• Assist City with Communication and Coordination with OCFCD, as needed • Coordinate the appraisal process (once plats and legals are received and the Project has environmental clearance)

Task 10 Escrow Services (ROW)
Monument will provide the following escrow services: transmission of original documents, review of title report and Memorandum Preparation, preparation of escrow instructions, resolution of financial matters and title issues, deposit and close of escrow and ongoing support and coordination.

Deliverables:
• Provide escrow services, including transmission of original documents, review of title report, and Memorandum preparation
• Prepare escrow instructions
• Resolve financial matters and title issues
• Deposit and close escrow
• Ongoing support and Coordination

Task 11 Utility Coordination and Relocation (ROW)
Monument’s Utility Relocation Team, led by Pete Castelan, has experience providing utility coordination management for agencies throughout the Inland Empire and is familiar with local utility providers. Monument utilizes the Caltrans process for utility coordination as our standard protocol in addressing conflicting utility owners on our projects. Monument will coordinate interviews among the City, the Project Team, stakeholders, and utility owners on utility relocation procedures. The Team will assist with identifying and verifying utilities in the project area and obtain confirmation from the utility owners. This involves preparing and mailing utility verification requests to Owners and follow-up letters requesting as-builts and current information on any existing facilities, including claims of liability. This information, along with performing site verifications and working with design, will be used in identifying all utility locations.

Monument will confirm with utility companies that the facilities are located as represented in the 133

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project’s utility maps. Monument will coordinate the potholing efforts or field surveys with the utility companies and the design team.

A utility matrix will be prepared to identify utility owners, descriptions of facilities, dispositions (i.e., protect, relocate, abandon), and initial liability determinations. Monument will issue the Relocation Claim Letters and Notice to Owner to relocate in order to coordinate with utility companies for adjustment and/ or relocation of interfering utilities. Our Team will coordinate with affected agencies and utility owners to obtain permits, approvals, and necessary agreements, including Utility Agreements, for relocations.

Monument will coordinate and oversee the potholing process. 18 pothole locations have been identified. We will review and verify with the design team which facilities are considered in conflict based on the potholing report and prepare the conflict matrix.

Monument will continue to coordinate and plan meetings amongst the utility owners, design team, and the City as needed to discuss the project design, the utility conflict, relocation alternatives, and a plan to resolve the conflict.

Deliverables:
• Coordinate potholing efforts or field surveys with utility companies and design team • Prepare utility matrix
• Issue relocation claim letters and notice to owner to relocate utilities • Coordinate with affected agencies and utility owners to obtain permits, approvals and necessary agreements
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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EXHIBIT “C”

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

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

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”

TASK DESCRIPTION TOTAL ($)
1 Environmental Project Management (Environmental) $19,450.00 2 CEQA Compliance (Environmental) $108,130.55
3 Regulatory Permits (Environmental) $13,460.00
4 USACE 408 (Environmental) $73,580.00
5 Project Management (ROW/Utilities) $13,310.00
6 USACE 408 (ROW/Utilities) $1,640.00
7 Title Services (ROW/Utilities) $1,100.00
8 Appraisal Services (ROW/Utilities) ODC
9 Acquisition Services (ROW/Utilities) $24,525.00
10 Escrow services (ROW/Utilities) $6,780.00
11 Utility Coordination & Relocation (ROW/Utilities) $41,480.00 ODC Task 2 VMT Analysis $10,000.00
ODC Task 2 VMT Memo (Optional) $4,800.00
ODC Task 4 $604.00
ODC Task 6-11 $43,950.00
TOTAL: $362,809.55

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
*Finalized deadline dates will be contingent upon actualized project schedules, which shall be approved by the City. Consultant will coordinate with City and Project Staff to ensure timely completion of services and adherence to approved task schedules.

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

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Euclid Bridge Avenue Project (ST243) - Professional Services Agreement (PSA) with Project Partners, Laguna Hills, CA.

..end

RECOMMENDATION
1) U pdate Fiscal Year 2023 -24 Capital Improvement Program Budget for the Euclid Avenue Bridge Project (R2401) to include a new project number ST243 and appropriate $426,000 from the Transportation Fund (320) backfilled by the General Fund (100) reserves with a corresponding increase to the project budget for project management services; 2) a ward a Professional Services Agreement to Project Partners, Laguna Hills, CA for $426,000 for Project Management Services for the Euclid Avenue Bridge Project (ST243); and 3 ) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
The Fiscal Year 2023-2024 Capital Improvement Program Budget for the Euclid Avenue Bridge Project (R2401) will need to be updated to incl ude a new project number ST243 and an appropriation of $426,000 from the Transportation Fund (320) backfilled by the General Fund (100) reserves. There are sufficient General Fund reserves for this appropriation.

Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48003 | 48007 – ST243
Transfer In: 3201000-50000 Transfer Out: Click or tap here to enter text. 139
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: EUCLID BRIDGE AVENUE PROJECT (ST243) - PROFESSIONAL SERVICES

AGREEMENT WITH PROJECT PARTNERS, LAGUNA HILLS, CA FOR PROJECT MANAGEMENT SERVICES.

PAGE: 2

BACKGROUND
On November 7, 2023, the City Council awarded a Professional Services Agreement to Biggs Cardosa Associates, Inc., Orange, CA for Engineering Design and Bid Support Services for the Euclid Avenue Bridge Project (“ST243”).

Euclid Avenue is a major regiona l highway/arterial that provides direct access to the 71/91 Fwy and 60 Fwy. Project ST243 will raise the profile of Euclid Avenue at Chino Creek to accommodate the free flow of storm water for most storm events. The highway will become an all-weather facility and will be able to serve motorists year -round without having to be closed during flash floods. It will increase motorist safety, eliminate the recurring maintenance cost for clean-up and debris removal after flooding. It will also end the inconvenien ce to motorists from repeated road closures during the winter months. The project will also add pedestrian and bicycle facilities to make it a multi-modal corridor for all users.

Due to the scale and complexity of the project, the City needs an experienced Project Management firm to provide overall project management, coordination, and supervision of project consultants and sub -consultants to facilitate performance of the work. Project Management services are intended for the duration of project design and bid management, which is anticipated to be approximately 30 months.

ISSUES/ANALYSIS
Staff solicited an informal Request for Proposals (“RFP”) from three (3) consultants on the City’s approved On-Call Consultants list. On March 20, 2024, two (2) proposals were received. Staff evaluated and ranked the proposals based on the qualifications of the firm; past related experiences and performance; personnel/staffing plan; and work plan. Staff selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The proposed projec t manager provides over 30 years of experience in complex municipal project management and collaboration with Caltrans and the United States Army Corps of Engineers. The final ranking of the firms is shown below.

RANK CONSULTANT LOCATION
1 Project Partners Laguna Hills, CA
2 Z&K Consultants Riverside, CA

Staff recommends that the City Council approve a Professional Services Agreement for $426,000 with Project Partners, Laguna Hills, CA for Project Management Services for the Euclid Avenue Bridge Project (ST243).

Attachments: Exhibit A - Project Location Map
Exhibit B - Professional Services Agreement – Project Partners

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R2401 EUCLID AVENUE BRIDGE PROJECT
EXHIBIT A –

PROJECT LOCATION MAP
141
Project Name/No.: Project Management Services Contract No.: ______________ for Euclid Bridge Project (R2401)

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

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

PROJECT PARTNERS
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Project Partners, 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 or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 142
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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 of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and 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 Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, 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 Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The 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 143
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. 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 employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, 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 bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance 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 the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. 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 at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 146
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Twenty -Six Thousand Dollars and Zero Cents ($426,00.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 147
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 148
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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, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 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 terms at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(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. 149
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Michele Hindersinn, PE, 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 Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 150
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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, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 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. 151
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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 include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 153
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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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 the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 155
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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 decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 156
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for 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 shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 157
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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 obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall 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 terminate this 158
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 160
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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 designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 161
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) 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, PE, Director of Public Works

CONSULTANT:

PROJECT PARTNERS:

By:

Name:

Title:

By:

Name:

Title:

Address: 23195 La Cadena Dr., Suite 101
Laguna Hills, CA 92653
Two corporate officer signatures 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 described in Consultant’s Proposal, attached hereto as Exhibit A-1.

I. Consultant will utilize the following personnel to accomplish the Services:

A. Amir Modarressi

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
164

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

SCOPE OF WORK
The City will furnish a Project Manager (PM) to coordinate all Consultant operations with the City, including, but not limited to, tracking progress of the work and administering subcontracts.

The City’s PM will provide overall project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with standards and requirements of the City and other applicable standards and requirements.

Tasks may encompass monthly invoicing & progress reporting, coordination and meetings, project management planning, quality assurance (QA) / quality control (QC), and project controls.

Duties include:
• Establish and apply internal accounting methods and procedures acceptable to the City for documenting and monitoring contract costs.
• Conduct up to thirty -six (36) PDT regular meetings virtually and prepare agendas and meeting minutes.
• Attend weekly or bi -weekly virtual meetings between the Consultant Project Manager and City Project Manager.
• Attend up to ten (10) meetings with utility companies. • Conduct up to two (2) field visits to review utilities in the field. • Conduct coordination with the City’s staff, other stakeholders and agencies in monthly Project Development Team (PDT) meetings or technical and focused meetings. • Communicate and distribute project records and information to all necessary parties and respond to all internal requests for information about the project. • Convey the Scope of Services and technical requirements, procedures and technical requirements that are to be followed in developing project deliverables, and description of the responsibilities of each participant in the project through a comprehensive Project Management Plan (PMP).
• Ensure the PMP includes scope of services, log of deliverables, baseline project schedule, project electronic filing system, CADD procedures, invoicing instructions, design standards, health and safety plan, general prevailing wage determinations, and risk assessment register. • Prepare and maintain a Quality Management System (QMS) Manual throughout performance of services.
• Hold a training session with all project participants responsible for the development and/or checking of deliverables to ensure the appropriate procedures are followed. • Prepare and update the Project schedule on a monthly basis or as needed and provide to the City’s PM for review.
• Provide regular reporting on the project status, including, but not limited to, schedule, contract budget, general progress on project tasks, and project issues and concerns. 165

01225.0001/863604.2 A1-2

• Maintain project files using the Caltrans Uniform System in electronic format . Within two weeks of Notice to Proceed (NTP), the Consultant will provide the City a detailed baseline schedule, indicating milestone, major activities and deliverables for review and comments.

166

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

167

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”.

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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01225.0001/863604.2 C1-1
EXHIBIT “C-1”

Project Partners’ billing rate for our proposed Project Manager:

Classification Hourly Billing Rate for 2024-2026 Total Budget Senior Project Manager $150.00 $426,000

**Note: City approved Mileage (billed at current IRS rate) and Expenses will be billed as incurred with no additional markup.
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01225.0001/863604.2 D-1
EXHIBIT “D”

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

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Benson Reservoir Improvement Project (Project No. WA213) - Professional Services Agreement - Dudek, Encinitas, CA for Engineering Design and Bid Support Services. ..end

RECOMMENDATION
1) Award a Professional Services Agreement to Dudek, Encinitas, CA for $694,851 for Engineering Design and Bid Support Services for the Benson Reservoir Improvement Project (WA213); 2) authorize expenditures up to $83,916 for project management services; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2023 -2024 Capital Improvement Program for the Benson Reservoir Improvement Project (WA213). The total available budget is $4,401,007.98 as summarized below:

WA213 Adopted Budget Expenses/Encumbrances Available Budget 520 Water Fund $4,426,000.00 $24,992.02 $4,401,007.98

Revenue: Click or tap here to enter text.

Expenditure: 5207310 – 48004 – WA213
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 171
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: BENSON RESERVOIR IMPROVEMENT PROJECT (WA213) - PROFESSIONAL

SERVICES AGREEMENT - DUDEK, ENCINITAS, CA FOR ENGINEERING DESIGN AND BID SUPPORT SERVICES.

PAGE: 2

BACKGROUND
The Benson Water Treatment Plant (“WTP”) is a centralized treatment plant which treats groundwater supplied from Wells 5 and 9, located onsite, and Well 10, located offsite. The Benson WTP consists of 3,400-gpm capacity Granular Activated Carbon vessels which removes 1,2,3 TCP and a 5,000 -gpm design capacity Calgon ISEP ion exchange treatment system which removes nitrate 35. The Benson WTP supplies treated water to the 1.5 -million-gallon (MG) capacity Reservoir 3 which supplies the Benson Booster Pump Station (BPS) and boosts the flow into the 980 zone.

The existing reservoir was constructed in 1961 and does not meet current seismic requirements.

The City is planning to replace this existing domestic water supply reservoir with a new 1.5 MG capacity reservoir on the northwest corner of the current site. The existing reservoir will be demolished after the installation of the new reservoir. This allows for maintaining operations at the Benson WTP.

ISSUES/ANALYSIS
On October 17, 2023, the city solicited a Request for Proposals (RFP) for Engineering Design and Bid Support Services for the Benson Reservoir and Improvement Project (WA213). With two proposals submitted, staff evaluated and ranked the proposals based on the following criteria:
 Experience/qualifications
 Past performance/references
 Plan methodology/project approach
 Quality of responsiveness of proposal
 Cost evaluation

The proposed consultant was selected within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. Staff successfully negotiated pricing with the top ranked consultant. The final ranking of the firms is shown below.

RANK CONSULTANT LOCATION
1 Dudek Encinitas, CA
2 Webb & Associates Riverside, CA

The estimated project design costs are itemized below:

WA213
Project Task Vendor Totals
Design Engineering & Bid Support Services Dudek $694,851.00 Project Management Z&K Consultants Inc. $83,916.00
Total: $778,767.00

172
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: BENSON RESERVOIR IMPROVEMENT PROJECT (WA213) - PROFESSIONAL

SERVICES AGREEMENT - DUDEK, ENCINITAS, CA FOR ENGINEERING DESIGN AND BID SUPPORT SERVICES.

PAGE: 3

Based on the ranking and information provided, staff selected Dudek to provide these services.

Additionally, at the City’s request, the cost proposal includes two optional services:

Optional Service Fee
Water System Hydraulic Model $8,919.00
Preparation of Mitigated Negative Declaration (MND) for California Environmental Quality Act (CEQA) compliance $86,715.00

Staff will include the expenses for these two optional services in the award to avoid the necessity for future budget amendments. In addition to the design engineering and bid support services, City Staff determined that Z&K Consultants Inc. (“Z&K”) is the best fit to manage the project due to Z&K’s knowledge and experience, as they worked with City staff on preliminary design and engineering for this project. Z&K also provides competitive hourly rates compared to other consultants with similar qualifications. The City will utilize the existing on-call consultant agreement with Z&K. Z&K hourly rate is $157 compared to other consultants on the on -call list who range from $150 to over $200.

Therefore, Staff recommends that City Council award a Professional Services Agreement for $694,851 to Dudek , Encinitas, CA for Engineering Design Services for the Benson Reservoir Improvement Project (WA213) . Staff also recommends that the City Council authorize expenditures up to $83,916 for project management services.

This project will enhance the reliability of our water service to our customers by providing storage capacity and seismic-compliant reservoir.

Attachments: Exhibit A – Project Location Map
Exhibit B - Professional Service Agreement – Dudek (WA213)

173
Project No. WA213 – BENSON AVENUE RESERVOIR IMPROVEMENTS

VICINITY MAP

PROJECT LOCATION
WA213
174
Project Name/No.: Engineering Design & Bid Contract No.: ______________ Support Svcs for WA213

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

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
DUDEK
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Dudek, 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 or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 175
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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 of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and 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 Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, 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 Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The 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 176
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. 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 employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, 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 bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance 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 the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. 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 at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 179
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Six Hundred Ninety-Four Thousand Eight Hundred Fifty - One Dollars and Zero Cents ($694,851.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 180
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 181
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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, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2025, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(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. 182
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Natalie Avila, Associate 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 Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 183
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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, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 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. 184
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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 include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 186
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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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 the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 188
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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 decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 189
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for 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 shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 190
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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 obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall 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 terminate this 191
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 193
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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 designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 194
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) 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, PE, Director of Public Works

CONSULTANT:

DUDEK:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures 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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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”

SCOPE OF SERVICES
Task 1: As-Built Research, Investigation, and Review
Dudek will review the City’s information provided as part of the RFP and submit an information request log to the City to obtain additional data/information. This additional information will assist Dudek in Developing a complete understanding of the Benson WTP, reservoir, and BPS infrastructure. The information request, as well as any additional background information and City suggestions, recommendations, directions, and other requirements will be discussed during a Background Materials Meeting with City staff (see Task 12).

Deliverables:
• Information Request Log
Task 2: Preliminary Design Report and Final Engineering Design Task 2.a: Preliminary Design Report
Dudek will prepare a Preliminary Design Report (PDR) that will include Items 2 through 11 in Task 2a and Item 1 in Task 6 in the RFP. Item 1 (As -Built Research, Investigation, and Review) will be completed under Task 1 above, and a summary of the findings will be incorporated into the PDR. Task 3 (Field Investigations) will occur concurrently with this Task 2. The PDR will also include a 30% design and Class IV cost estimate.

It is assumed that the 30% design will consist of a single drawing showing the preliminary site layout, including location of the new reservoir, access road alignments, drainage improvements, preliminary grading, and proposed piping alignments. Dudek will submit a Draft PDR to the City for comments. Dudek will incorporate the City’s comments and submit a Final PDR. Once accepted by the City, Dudek will begin development of contract documents related to grading. It is assumed that there will not be changes to the grading concept after the preliminary approach is accepted.

Dudek will include a hydraulic analysis of the conveyance pipelines and treatment systems as part of this task.

It is assumed the City will provide a hydraulic model of the existing Benson WTP that has been calibrated and is up to date. Dudek assumes hydraulic modeling is limited to the system between the three wells and the Benson BPS. For the purposes of this proposal, modeling of the system downstream of the BPS is not included. In the event that the City does not have a pre-existing hydraulic model, Dudek has added an optional task to the fee to include creation of a new hydraulic model for the Benson WTP system (Task 14).

The mural conceptual design will be included within the PDR. Dudek will create three conceptual design drafts with the engineered specifications for the client to choose from. We will provide three rounds of revision on one design as needed. Final illustration design will be provided in scalable vector format. Dudek assumes the client will work with a vendor/subconsultant for the actual execution of the mural.

This task will also include preparation of a project description for use in the environmental impact review and Mitigated Negative Declaration (MND) described in Task 5, including figures depicting the regional and vicinity locations, site plans, and other illustrations to assist the reader in understanding the proposed project.

Dudek has included labor hours and fee for one site visit (as mentioned in Task 12) to the Benson Reservoir 3 site to fully understand the existing conditions of the site and site access. A Design Review Meeting is also included after submittal of the 30% design/PDR (reference Task 12).

Deliverables:
• Draft PDR
• Final PDR
Task 2.b: Final Engineering Design
Following submission of the Final PDR, Dudek will prepare a complete set of Construction Drawings. Dudek 198

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will submit 60%, 90%, and Final Drawings to the City for review and comment and incorporate all comments into subsequent submittals. Dudek has included labor hours and fee for one site visit (as mentioned in Task 12) to verify the final design is constructible given existing site conditions. The Final Drawings will be finalized construction drawings ready to be publicly bid. Dudek anticipates a total of 53 drawings will be required.

It is assumed for the purposes of this proposal that no modifications are required to the existing booster pump station or wellhead pumps. If the hydraulic analysis indicates that modifications or any additional construction is required, the work can be added Dudek will bill this on a time and materials basis pending approval of the City.

California Environmental Quality Act (CEQA) documentation will also be prepared and submitted as part of this task (reference Task 5).

Deliverables:
• 60% Drawings: Electronic Submittal (PDF)
• 90% Drawings: Electronic Submittal (PDF)
• Final Drawings: Electronic Submittal (PDF and CAD files) + 1 hard copy (mylar)

Task 3: Field Investigations
As part of this task, Dudek will perform a geotechnical investigation, topographic survey, and utility research.

The resulting information will be summarized in the PDR submitted under Task 2.

Task 3.a: Geotechnical Investigation
Dudek’s subconsultant, Leighton, will provide geotechnical services for this project. Leighton will mark the proposed boring notifications and notify both the City and DigAlert before drilling four hollow -stem auger borings. Two borings will be within the proposed location of the new tank, and two will be drilled in locations to collect information about infiltration. Permeameter infiltration tests will be performed in general accordance with San Bernardino County guidelines to estimate infiltration rates. It is assumed that water will be readily available on site for Leighton’s use for infiltration testing. Borings will be drilled, logged, and sampled to a maximum depth of 50 feet below existing grade or practical refusal, whichever is deeper. It is assumed the City will waive permit fees for this project.

Soil samples will be transported to the in -house geotechnical laboratory for testing. The laboratory results will be analyzed and summarized in a report that will be signed and stamped by a California -licensed Geotechnical Engineer. The report will include site conditions, geologic hazards, seismicity, and present recommendations for grading and backfill, foundations, lateral earth pressures, corrosivity, concrete, pavement design, and temporary excavations.

Additionally, Dudek’s subconsultant RF Yeager Engineering will perform a corrosivity assessment on the soil to determine what level of corrosion control will be required for buried yard piping. This will include an information review, conducting corrosion engineering testing, reviewing geotechnical soil chemical analysis data, conducting stray current interference review, and providing a Corrosivity Assessment Report.

Deliverables:
• Geotechnical Report
• Corrosivity Assessment Report
Task 3.b: Topographic Survey
Dudek’s subconsultant, Guida Geospatial Solutions, will provide a topographic survey of the project site.

Guida will establish control based on the California Coordinate System and Local County/City Benchmarks on NGVD29. Record property lines will be plotted as shown on recorded maps. Guida will then set targets and fly 199

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aerial photography producing a 1”=20’ scale topographic map at 1 -foot contours including a color digital orthophoto at .25 GSD and Digital DTM data suitable for AutoCAD.

Task 3.c: Utility Research and Notification
Dudek will perform an exhaustive existing utility investigation within the project area. This includes the entire Benson WTP parcel, as well as Benson Avenue to the east. Dudek will retrieve a list of utility agencies that may have utilities within the project area using the DigAlert database. Dudek will draft utility information request letters requesting verification of location, size, and depth of facilities within the project limits, including figures showing the area of interest. These letters will be sent to the City, who will send notices at the 30%, 60%, and 90% design phases. Dudek will compile and catalog a list of utility agencies, including contact persons, numbers, addresses, email addresses, dates of transmittals, agency record drawings, and response to relocate or perform maintenance activities. It is assumed the City will provide available as -built records for City-owned facilities (water, sewer, and storm drain).

Deliverables:
• Utility Request Letters
• Utility Agencies Contact List

Task 4: Hazmat Report
Dudek’s subconsultant, Aurora, will conduct asbestos and lead-based paint inspections, and lead soil sampling.

Aurora will collect bulk asbestos, paint chip, and soil samples to be transported under chain of custody to an accredited laboratory. The asbestos samples will be analyzed by polarized light microscopy, and the bulk paint chip and soil samples will be analyzed by atomic absorption. It is assumed 20 asbestos bulk samples, 5 lead bulk samples, and 4 soil samples will be taken. Two final reports will be submitted: one for asbestos testing, and one for lead -based paint and soil testing. The reports will document material types, conditions, general asbestos quantities, and lead content. The inspection will be based on the reservoir only and will include exterior components that are safely accessible from the ground, the permanently installed ladder, or a 10 -foot portable ladder. Soil samples will be taken from the top half -inch of soil. Dudek will incorporate mitigation measures into the final design documents based on the results of this sampling.

Deliverables:
• Asbestos Inspection Report
• Lead-Based Paint and Soil Testing Report
Task 5: Permitting
The permits and permit conditions will be included in the contract documents, specifications, and plans. It is assumed the City will pay for permit review and/or application fees. Dudek included five meetings with regulatory agencies as part of this task, which are assumed to occur throughout the 60% design.

Task 5.a: Environmental
Draft MND: Dudek anticipates CEQA environmental review will rely on a MND prepared with the City as lead agency. Dudek will conduct the following technical analyses to support the project’s compliance with CEQA: air quality/greenhouse gas emissions, biological resources, cultural resources, hazards and hazardous materials, and noise. Dudek will then prepare an MND using a version of the Initial Study template approved by the City, incorporating the latest Appendix G thresholds from the State CEQA Guidelines. The results of the technical analyses will be incorporated into the administrative draft MND. For all other environmental topics included in the administrative draft MND, Dudek will prepare qualitative analyses.

Dudek will draft a tribal notification letter for the City’s outreach process pursuant to Assembly Bill 52 (AB 52). Dudek will provide draft text of the letter and assumes the City will distribute the letters. Dudek will review the results of the AB 52 outreach process provided by the City and will incorporate them into the MND’s tribal cultural resources section.
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Dudek will prepare and assist the City with circulation of a Notice of Intent for the Public Draft MND. Dudek will transmit the Public Draft MND to the State Clearinghouse. For cost estimating purposes, Dudek assumes mailing up to 100 copies of the Notice of Intent to Adopt an MND (NOI) to agencies and interested parties based on a distribution list developed by Dudek and the City. Dudek will post the NOI with the San Bernardino County Clerk and publish a newspaper advertisement, the filing fee for which will be reimbursed by the City. Dudek’s proposal assumes no attendance at hearings or public meetings during the CEQA public review period.

Final MND: Dudek will compile and review comment letters and prepare draft responses to comments. For cost estimating purposes, Dudek assumes that no more than 10 substantive comments will be received and require technical input to prepare and provide responses to these comments. Dudek will revise the Draft MND if needed for clarification of information based on the public review period and prepare a Final MND including the revisions and the responses to comments. Dudek assumes no additional technical analysis will be required for clarifications in the Final MND, and that no figure revisions will be needed. Dudek assumes no attendance at public hearings associated with adoption of the MND by the City Council. Following Final MND adoption and project approval, Dudek will prepare and post with the State Clearinghouse and San Bernardino County Clerk a Notice of Determination. Dudek assumes the City will pay the applicable filing fees, which are not included as a reimbursable expense in this proposal.

Deliverables:
• Draft MND
• Final MND
Task 5.b: Other Permits
During the preliminary design phase, Dudek will identify which permits will be required for this project, and define the associated documentation required. During the 60% design phase, Dudek will begin coordination with the identified permitting agencies, which are expected to include County of San Bernardino Public Health for Environmental Health Services, the State Water Resources Control Board’s Division of Drinking Water, the City of Chino Building and Engineering Department, and any other jurisdictional permitting agencies identified during the preliminary design phase. During the 90% design phase, Dudek will prepare permits and permit conditions, and/or amend existing permits as necessary. This permit preparation will coincide with the start of the 90% design phase to ensure all design elements are completely defined and set with little to no chance of realignment, equipment change, etc.

Task 6: Site Improvements
Dudek agrees with this task’s provided scope of work as defined in the RFP. The site improvements listed in the RFP will be covered in the plans and specifications.

The following describes Dudek’s methodology for developing the grading and drainage portion of this task:

1. Evaluation of Existing Drainage features: Concurrently with Task 1 (As-Built Research, Investigation, and Review), Dudek will perform an investigation of the existing drainage features on site, including the existing basin, to develop a holistic drainage approach with the goal of simplifying the on -site drainage features to the greatest extent possible. Dudek will also obtain as -builts for the existing storm drain in Benson Avenue.

2. Preliminary Site Design: As part of the PDR (Task 2a) Dudek will provide a preliminary site layout and grading exhibit showing the recommended location of the proposed improvements, including but not limited to the reservoir, access roads, parking areas, drainage improvements, and the location of a proposed storm drain connection. Preliminary hydrology and hydraulic calculations will be performed at this stage to 201

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determine size and suitability for all drainage features proposed on site, with more detailed calculations to be performed in subsequent design stages. A brief summary of the preliminary calculations will be provided as part of the PDR.
a. Assumptions:
i. Drainage from the reservoir site and overflow piping will outlet to the storm drain within Benson Avenue.
ii. Only on-site flows will be considered for designing on-site drainage improvements.

3. Final Grading and Drainage Design: As part of the Task 2b (Final Engineering Design) Dudek will develop precise grading and drainage plans based on the preliminary layout agreed upon by the City in Task 2a. Dudek will also perform detailed hydrology and hydraulics calculations in conformance with current San Bernardino County methodology. Drainage features will include overflow piping, on -site drainage improvements, and a storm drain lateral connection to the existing storm drain located in Benson Avenue. Dudek will provide a brief drainage design memorandum to describe the methodology and results of all drainage calculations performed as part of the design. It is assumed that the draft drainage design memo will be submitted at the 60% design phase and a final version of the memo will be provided with final plans.

The following assumptions are made for the electrical portion of this task:

1. The existing electrical system at the treatment plant has adequate capacity and space available to power the new equipment.

2. The existing Programmable Logic Controller (PLC) has adequate spare I/O and this design does not require a new PLC, existing PLC modification, or radio.

3. The City will perform all PLC and SCADA programming.

4. The City will provide security and automatic gate requirements, standards, and/or details.

Deliverables:
• Draft and Final Drainage Design Memorandum
Task 7: WQMP
Dudek will evaluate the project’s new and/or replaced impervious area and prepare the required Water Quality Management Plan (WQMP), based on the San Bernardino County Stormwater Program’s 2013 WQMP Technical Guidance Document requirements and the County of San Bernardino Areawide Stormwater Program (Order No. R8 -2010-0036) (Municipal Permit) issued by the Santa Ana Regional Water Quality Control Board. It is anticipated the project will be a redevelopment project with more than 5,000 square feet of new and/or replaced impervious area and will be considered a Priority Development Project. The project is also anticipated to be exempt from the hydromodification requirements because the project drains to an exempt system. The project will include an infiltration or biofiltration basin to treat all required imperious area. It is assumed that a preliminary WQMP will be provided at the PDR stage and it will be updated for the 60%, 90%, and final design submittals.

Deliverables:
• Preliminary, 60%, 90%, and Final WQMP
Task 8: Engineer’s Quantity and Cost Estimate
The Bid Schedule and Engineer’s Opinion of Probable Construction Cost (EOPCC) will be provided concurrently with plan submittals at the 60%, 90%, and Final design stages (see Task 2.b). All City comments 202

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will be incorporated into subsequent submittals. Quantities will be clearly shown in both the Bid Schedule and EOPCC. Please note that in the schedule, the Bid Schedule and EOPCC submittals are bundled with Task 2 for clarity.

Deliverables:
• 60% Bid Schedule and EOPCC: Electronic Submittal (PDF) • 90% Bid Schedule and EOPCC: Electronic Submittal (PDF) • Final Bid Schedule and EOPCC: Electronic Submittal (PDF) + 1 hard copy Task 9: Construction Specifications and Bid Documents
The Construction Technical Specifications and Bid Documents will be provided concurrently with plan submittals at the 60%, 90%, and Final design stages (see Task 2.b). All City comments will be incorporated into subsequent submittals. Dudek will prepare the specifications and bid documents using the Standard Specifications for Public Works Construction (Greenbook) 2018 edition, and the City of Chino Standard Plans and Specifications and Construction Bid Item Descriptions. The Final Specifications and Bid Documents will be ready to be put out to public bid. Please note that in the schedule, the Technical Specifications and Bid Documents submittals are bundled with Task 2 for clarity.

Deliverables:
• 60% Technical Specifications and Bid Documents: Electronic Submittal (PDF) • 90% Technical Specifications and Bid Documents: Electronic Submittal (PDF) • Final Technical Specifications and Bid Documents: Electronic Submittal (PDF) + 1 hard copy.

Task 10: Plan Interpretation and Bidding Assistance
Dudek will provide assistance during bidding by responding to Bidder’s questions, preparing up to three (3) addenda to the plans and specifications for the City’s review and approval, assisting with bid review and providing a recommendation for award of the project, and preparing a set of conformed plans and specifications after the bidding process is complete.

Task 11: Construction Support and Shop Drawing Review
Dudek will provide Construction Support by attending the pre -construction meeting, tracking and responding to requests for information (RFIs) including coordination of City input, and tracking and reviewing submittals including coordination of City review comments. Dudek assumes the level of effort outlined below will be required for this task:
▪ It is assumed that 30 RFIs will be reviewed and addressed. If additional RFIs occur, Dudek will bill this on a time and materials basis pending approval of the City. ▪ It is assumed that 100 material submittals (inclusive of re -submittals) will be reviewed by the Dudek team. Submittal reviews are anticipated to average 1.5 hours per submittal and 0.5 hours per resubmittal, depending on the complexity of the submittal. If additional submittals are required, Dudek will bill this on a time and materials basis pending approval of the City.

Task 12: Meetings and Site Visits
The following meetings and site visits are included in Dudek’s scope throughout the duration of this project:
• One Kickoff Meeting—in person
• One Background Materials Meeting (reference Task 1)—virtual • Two Site Visits (one during preliminary design, and one during final design)—in person • Three Design Review Meetings (after 30%/PDR, 60%, and 90% submittals)—virtual • Five Coordination Meetings with Utility Companies—virtual • One Pre-Construction Meeting—in person
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• One Coordination Meeting with Emerson—in person
Please note that in the schedule Task 12 is distributed throughout the tasks where each meeting occurs, as indicated in orange italicized text. Coordination meetings are not shown in the schedule because they will occur as needed.

Task 13: As-Built Drawings
Dudek will prepare record drawings electronically on 24 by 36 -inch sheets, with final record drawing submitted electronically in PDF format. The drawings will be based on comments from the inspector, comments from City staff, and/or contractor’s field changes made during construction.

Deliverables:
• Record Drawings – Electronic Submittal (PDF)

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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”.

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

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

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EXHIBIT “C-1”

TASK TOTAL FEE
Task 1 – As-Built Research, Investigation, and Review $8,518.00 Task 2 – Preliminary Design Report and Final Engineering Design. $257,746.00 Task 3 – Field Investigations $53,621.00
Task 4 – HazMat Report $5,617.00
Task 5 – Permitting $27,240.00
Task 6 – Site Improvements $32,472.00
Task 7 – WQMP $36,275.00
Task 8 – Engineer’s Quantity and Cost Estimate $22,728.00 Task 9 – Construction Specifications and Bid Documents $47,278.00 Task 10 – Plan Interpretation and Bidding Assistance $13,409.00 Task 11 – Construction Support and Shop Drawing Review $56,004.00 Task 12 – Meetings and Site Visits $28,500.00
Task 13 – As-Built Drawings $9,809.00

OPTIONAL SERVICES
Task 14 – Hydraulic Model $8,919.00
Task 15 – Preparation of MND $86,715.00
Grand Total: $694,851.00

207

01225.0001/863604.2 D-1
EXHIBIT “D”

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

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
208

01225.0001/863604.2 D1-1
EXHIBIT “D-1”

209

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Acceptance of CalRecycle Used Oil Payment Program (OPP14) Grant funds.

..end

RECOMMENDATION
1) Authorize the acceptance of an award of funds from the State Department of Resources, Recycling and Recovery (CalRecycle) Used Oil Payment Program (OPP14) for $13,034; 2) establish grant number G7240 for FY2023-24; 3) appropriate $13,034 to the Sanitation Fund with a corresponding appropriation in revenues; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an appropriation of $13,034 to the revenue and expenditure accounts of the Sanitation Fund 550, grant number G7240.

Revenue: 5507380-59500-G7240

Expenditure: 5507380-40010-G7240
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 210
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: ACCEPTANCE OF CALRECYCLE USED OIL PAYMENT PROGRAM (OPP14) GRANT FUNDS.

PAGE: 2

BACKGROUND
The state of California awards annual Used Oil Payment Program (OPP) funds to cities and counties for used oil and used oil filter recycling activities. The state awards amounts based on a per capita formula which also causes a fluctuation from year-to-year due to population change and OPP fund availability.

ISSUES/ANALYSIS
The Department of Resources Recycling and Recovery (CalRecycle) has made funds available to cities and counties since the early 1990’s for support and promotion of used oi l and household hazardous waste programs. These funds are used to supplement costs for the City’s direct staffing expenses associated with operating the Household Hazardous Waste Collection facility; inspection of certified oil collection centers; and for outreach, education, and materials to promote used oil recycling.

Staff received notification from CalRecycle that funding was approved from the OPP to be expended during the grant cycle term of July 1, 2023, through June 30, 2025, which covers Fiscal Year s 2023 -24 and 2024 -25. Therefore, staff is recommending an appropriation of $13,034 from the unappropriated reserves of the Sanitation Fund with a corresponding increase to the revenues. There are no city matching funds required and the City has already re ceived the funds from the State Controller’s Office.

211

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for PL18 -0038 Special Conditional Use Permit, Tang & Sung Investment LLC (Wing Lee Farms), located at 13625 Yorba Avenue. ..end

RECOMMENDATION
1) Accept public improvements as complete for PL18 -0038 Special Conditional Use Permit; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 212
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PL18 -0038 SPECIAL

CONDITIONAL USE PERMIT, TANG & SUNG INVESTMENT LLC (WING LEE FARMS), LOCATED AT 13625 YORBA AVENUE.

PAGE: 2

BACKGROUND
Since 2007, Wing Lee Farms (WLF) has been operating a poultry slaughterhouse in the M2 (General Industrial) zone located at 13625 Yorba Avenue (Exhibit A - Location Map).

The facility had previously operated as a lamb slaughterhouse in the 1970s. WLF purchased the vacant property and building and obtained Planning Commission approval in June 2002 to expand the old building and establish a poultry slaughterhouse use. The project consisted of the expansion of an existing building to accommodate 9,374 square feet of office and storage space and process a maximum of up to 2,500 chickens per day. The building construction was completed in 2006 and the facility has been operating without incident since 2007.

In 2017, the City performed a sewer system inspection and determined that WLF was processing more chickens than what was permitted under the approved 2002 Special Conditional Use Permit (SCUP). At that time, WLF representatives informed City staff that they inherited the business and were not aware of the li mitations placed on the operations by the SCUP. Based upon the increased production, WLF was required to either scale back the operations to what was previously approved or submit a new SCUP application to request approval to expand the processing operation.

Subsequently, on April 19, 2021, the Planning Commission approved WLF’s SCUP to expand its poultry processing operations. The approval of the SCUP allows for the increased production in poultry processing volume from 2,500 chickens and 1 –2 truck deli veries per day to a maximum of 22,000 chickens and 16 truck deliveries per day at its existing 30,197 square foot main processing building and a 2,414 square foot receiving building within the M2 (General Industrial) zoning district.

The Engineering Conditions of Approval for this project required WLF to design and construct certain frontage improvements including, sidewalk; curb and gutter; drive approach; drainage outlet structure; and landscape improvements. The public improvements completed by WLF necessitated the execution of a Public Improvement Agreement and posting securities that the City Council approved on September 6, 2022 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by WLF. There is no direct fiscal impact to the City.

The public improvements are complete in accordance with the approved plans and have been constructed to the satisfaction of the City Engineer.

ISSUES/ANALYSIS
Beginning in July 2009, WLF has been federally regulated as a “Significant Industrial User” through an Industrial User Discharge Permit jointly issued by the City and the Inland Empire Utilities Agency (IEUA). IEUA is the City’s wastewater processor. Over the years, WLF expanded the processing operation and additional sewer flows were being discharged into the public sewer system that exceeded the permitted allowable flow. To address the excess flow into the public sewer system, the City’s Public Works Dep artment completed the design and construction to upsize the City’s sewer collection system downstream of WLF to allow for the increased flow. WLF also installed on -site pretreatment upgrades to facilitate compliance with the City and IEUA. Thus, WLF has submitted a permit application for review to IEUA and the 213
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PL18 -0038 SPECIAL

CONDITIONAL USE PERMIT, TANG & SUNG INVESTMENT LLC (WING LEE FARMS), LOCATED AT 13625 YORBA AVENUE.

PAGE: 3

City requesting 50,000 gallons/day up from 37,000 gallons/day. IEUA has reviewed WLF’s application and is finalizing comments. Additionally, there are no pending issues with the City currently. The City will continue to monitor and sample the wastewater coming from the WLF site to ensure that compliance is maintained moving into the future.

Attachments: Exhibit A – Location Map
Exhibit B – Fully Executed Public Improvement Agreement

214
Exhibit A
Location Map

A-1
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251

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for Site Approval PL16 -0671, G&SS Restaurant Corporation (Andy’s Burgers), located at 4616 Riverside Drive. ..end

RECOMMENDATION
1) Accept public improvements as complete for Site Approval PL16 -0671; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 252
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR SITE APPROVAL PL16 - 0671, G&SS RESTAURANT CORPORATION (ANDY’S BURGER), LOCATED AT 4616 RIVERSIDE DRIVE AVENUE.

PAGE: 2

BACKGROUND
On November 13, 2017, the Planning Commission conditionally approved Site Approval PL16 - 0671 for the construction of a 4,925 square -foot drive -thru restaurant (known as Andy’s Burgers) with a 592 square -foot outdoor seating area, located on a 0.96 -acre site in the Commercial General Zoning District. The project is located at 4616 Riverside Drive , on the northeast corner of Wright Avenue and Riverside Drive (Exhibit A).

The Engineering Conditions of Approval (“COA”) for this project required the applicant to design and construct certain frontage improvements including, sidewalk; streetlights, curb, and gutter; curb ramps, sidewalk, signing & striping, drive approaches; street pavement, domestic water; private storm drain, private sewer; and parkway landscape improvements. The public improvements completed by the applicant necessitated the execution of a Public Improv ement Agreement and posting securities that the City Council approved on June 16, 2020 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the applicant. Th ere is no direct fiscal impact on the City.

The COA additionally required that the owner annex the property to the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 82) for public streetlight maintenance along the project’s frontage, within the right-of-way. The public hearing for the annexation was held on September 1, 2020. The City Council unanimously approved the annexation.

The applicant started the plan check process in July 2018 and underwent several rounds of plan checks for onsite and offsite improvements until December 2018. Construction for the onsite and offsite improvements began in February 2019 and August 2020 respectively. During construction, the City and the applicant met to discuss the City’s condition of approval for the required undergrounding of overhead utilities along the property frontage. Per the applicant’s request and City Municipal Code Chapter 13.32.70.E, City staff agreed to accept a $120,000 in - lieu payment for the undergrounding of dry utility improvem ents along the project frontage.

Additionally, the applicant was required to pay for a fair share contribution toward future improvements at the Wright Avenue & Riverside Drive intersection.

The public improvements are complete per the approved plans and have been constructed to the satisfaction of the City Engineer. Completion of the project was delayed due to the uncertainty brought on by the pandemic and the applicant’s ability to pay the lump sum in -lieu fee, which was a financial hardship to the appl icant until recently. The applicant has since paid the fee in full as of April 2024.

ISSUES/ANALYSIS
The public improvements completed have been constructed in compliance with the City’s standards/specifications, and accessibility requirements, and to the satisfaction of the City Engineer.

It should be noted that during project approval, comments from nearby residents expressed concerns over project traffic impacts specifically along Wright Avenue. During the meeting, staff suggested a traffic signal could be constructed at the intersection of Riverside Drive and Wright 253
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR SITE APPROVAL PL16 - 0671, G&SS RESTAURANT CORPORATION (ANDY’S BURGER), LOCATED AT 4616 RIVERSIDE DRIVE AVENUE.

PAGE: 3

Avenue to address the residents’ concerns. However, subsequent analysis determined that a traffic signal was not warranted even after project construction. As a result, a traffic signal was not constructed as part of the project. City staff will continue to monitor the operation of the intersection to determine if improvements are needed in the future.

All public improvements that were part of the condition of the Project were fully fun ded by the Applicant/Developer.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:

Domestic Water Lateral: By the City
Sewer Lateral: By the City
Public Street Sweeping: By the City
Public Streetlights: By the City
Landscaping: By the property owner

Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds

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Exhibit “A”
PL16-0671 (Site Approval)

LOCATION MAP

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MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

RECREATION

SUBJECT
..titl e
Naming of Falloncrest Community Park Site.
..end

RECOMMENDATION
..recommendation
Adopt the name “Stueve Family Park” as the name of the new community park set to be part of the Falloncrest development.

..body

FISCAL IMPACT
There is no fiscal impact.

Revenue:

Expenditure:

Transfer In: Transfer Out:
312
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: NAMING OF FALLONCREST COMMUNITY PARK SITE.

PAGE: 2

BACKGROUND
The City’s park naming guidelines provide several steps during the process. First, a list of potential park names is compiled from suggestions submitted by the public, City staff, and the developer. The suggestions are then forwarded to the Co mmunity 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 qualit y of life in the City (i.e. Ruben S. Ayala Park, Fred Aguiar Square).

Further, the park sites can be based on themes that characterize the individual park sites, such as neighborhood street names or significant site landmarks (i.e. Discovery Park, Walnut Park).

The development of the Falloncrest Master Planned area in The Preserve include s the construction of a park required by the development agreement with Loyola Properties 1, L.P. , and Ronald and Kristine Pietersma. As conditioned by the Falloncrest Development Agreement, the developer is required to design and construct a park in -lieu of paying development impact fees for these facilities.

ISSUES/ANALYSIS
The 10 -acre Falloncrest Community Park is being built in two phases. Tri Pointe Homes Holdings, Inc., is currently in development of Phase 1 of the 6.99-acre public park located west of East Preserve Loop, south of the Southern California Edison (SCE) easement, and north of Bickmore Avenue. This park proposes the following amenities: open turf field with Musco lighting, three pickleball courts, two basketball courts, tot lot, shade structure, barbeques, and public restroom. The park is anticipated to open in early 2025.

The Community Services, Parks & Recreation Commission received three park name recommendations.

The park is being developed on land that was originally purchased by the Stueve brothers in 1950. The Stueve brothers are the founders of Alta Dena Dairy, the largest dairy in California.

They expanded their operations in Ch ino and purchased additional acreage totaling 750 acres.

The Stueve Family was involved in various community organizations and made significant contributions to the history of Chino and the dairy industry.

Jerry Stueve, the son of one of the original owners of the Stueve Family Dairy, submitted a letter to the City recommending the name “Stueve Family Heritage Park.” The letter cited the contributions his family has made to the Chino community. Mike Bidart and Ronald Pietersma , who purchased property from the Stueve family and operated their own dairy , agreed that it would be appropriate to honor the Stueve Family by naming the park after them.

The developer proposed Cedar Trails Park or Sage Trails Park as these names are unique to the adjoining development, which will have trails and botanical street names.

On April 29, 2024, the Community Services, Parks & Recreation Commission met and voted unanimously in favor of recommending Stueve Family Park to be submitted to the City Council for adoption.

313
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: NAMING OF FALLONCREST COMMUNITY PARK SITE.

PAGE: 3

Attachments: Park Layout & Overview, Stueve Family Heritage Park Recommendation

314

COMMUNITY
PARK

FALLONCREST COMMUNITY PARK DEVELOPMENT

PHASE I

PHASE II
315
316
Park Name Recommendation – “Stueve Family Heritage Park”

I think we can all agree that the dairy industry played a signiﬁcant role in putting the City of Chino and the Chino Valley on the map and at one time was known as the “Dairy capital of the world. ”
In the early 1940’s, the 3 oldest Stueve brothers of 18 siblings, later known as the Stueve Bros, moved to California after serving and completing their military service and began working for a local dairy called Foothill Dairy. In 1945, they started their own dairy in Monrovia. Along with operating the dairy, they started a home milk delivery service with their ﬁrst route in Alta Dena, hence the name of Alta Dena Dairy.

In 1950, the Stueve brothers expanded their operation and purchased 3 properties in the City of Chino. In later years, they purchased 2 more properties, which then totaled 750 acres. In 1953, Alta Dena Dairy became the ﬁrst and only dairy certiﬁed for raw milk production. In 1985, Alta Dena Dairy celebrated their 40th anniversary. At that time, the Chino dairies were milking cows in 12 milking parlors and had a herd of approximately 28,000 head of cattle, which included 10,000 milking cows that were producing 70,000 gallons of milk per day. Because of these numbers, the Alta Dena Dairies in Chino were known as the largest family-owned and operated dairy in the world.

Additional contributions to the dairy industry and City of Chino from the Stueve Family:
- Members of the Chino Chamber of Commerce
- Members of Chino Dairy Days committee
- Sponsored and promoted Chino Dairy Day at Van Vliet Dairy for many years which included supplying milk and ice cream for attendees - Employed over 150 local people to work on the dairy and farmland - Gave tours to local school children
- Hosted and gave dairy tours to over 30 foreign dairy industry groups 317
- As the family business grew, they contracted with over 30 local dairies in Chino to supply milk for the Alta Dena processing plant the Stueve family owned and operated
- Sponsored the Dairy milking barn exhibit at the LA County Fair for many years where they also enlisted the help of local feed companies and dairy supply companies to operate the milking barn for the world to learn “Where milk comes from”
- For many years, they took cows from the Chino dairies to Angel Stadium to participate in “Dairy Night” where players from each team competed to see who could milk the cow and get the most milk. Many families from the Chino Valley attended this event
- To this day, Stueve family members support the local Chino Fairy 4H Program each year

318

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 21, 2024

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

SUBJECT
..titl e
Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23-24 Project (ST241) - Approve a Construction Contract with CT & T Concrete Paving Inc., Professional Services Agreement with Leighton Consulting, Inc., and authorize expenditures for construction management services and overtime inspection costs. ..end

RECOMMENDATION
..recommendation
Approve the 1) appropriation of $3,165,486 to the Transportation Fund (320) for the Street Rehabilitation FY2023 -2024 Project (ST241), with a corresponding year -end transfer in the same amount from the General Fund (100) reserves; 2) award a construction c ontract to CT&T Concrete Paving Inc., Diamond Bar, CA for the Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23 -24 Project (ST241) for $2,645,501.07 and authorize up to $264,551 (10% of the contract amount) fo r construction contingencies for a total amount not to exceed $2,910,052.07; 3) award a Professional Services Agreement with Leighton Consulting, Inc. Rancho Cucamonga, CA, for Geotechnical Engineering Services for the Transportation Right -of-Way ADA Impro vements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241) for $54,223; 4) authorize expenditures of up to $191,210 for construction management services, and $10,000 for overtime inspection costs for the Transportation Right -of-Way A DA Improvements Project (ST173) and the Street Rehabilitation FY2023-2024 Project (ST241); and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The Street Rehabilitation FY2023-2024 Project (ST241) requires an appropriation of $3,165,486 to the Transportation Fund (320) with a corresponding year -end transfer in the same amount from the General Fund (100) reserves. Project ST241 will have a revised total project budget of $6,051,526. Estimated expenditures to date include $2,747,869.02 for the ongoing work under the Street Rehabilitation FY2023-2024 Project.

The additional appropriations and budget allocations are summarized below for project ST241:

Funding Source

Adopted
Budget
Additional
Appropriation
Revised Project
Budget
Fund 320
Transportation
$449,040.00 $3,165,486.00 $3,614,526.00
Fund 322
Measure I
$500,000.00 $0 $500,000.00
Fund 327
RMRA (SB 1) *
$1,937,000.00 $0 $1,937,000.00
319
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: TRANSPORTATION RIGHT-OF-WAY ADA IMPROVEMENTS PROJECT (ST173) AND THE STREET REHABILITATION FY 23 -24 PROJECT (ST241) - APPROVE A CONSTRUCTION CONTRACT WITH CT & T CONCRETE PAVING INC., PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., AND AUTH ORIZE

EXPENDITURES FOR CONSTRUCTION MANAGEMENT SERVICES AND OVERTIME INSPECTION COSTS.

PAGE: 2

TOTALS: $2,886,040.00 $3,165,486.00 $6,051,526.00
*Note: Road Maintenance and Rehabilitation Account (RMRA) is part of the gasoline tax passed as part of Senate Bill 1 (SB 1).

Sufficient funds are included in the Fiscal Year 2023-2024 Capital Improvement Program for the Transportation Right -of-Way ADA Improvements project (ST173). The estimated available budget is $300,891.75.

Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48004 | 48005 | 48009 – ST241
3207100 – 48004 | 48005 | 48009 – ST173
Transfer In: 3201000-50000 Transfer Out: 1001000-40001

320
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: TRANSPORTATION RIGHT-OF-WAY ADA IMPROVEMENTS PROJECT (ST173) AND THE STREET REHABILITATION FY 23 -24 PROJECT (ST241) - APPROVE A CONSTRUCTION CONTRACT WITH CT & T CONCRETE PAVING INC., PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., AND AUTH ORIZE

EXPENDITURES FOR CONSTRUCTION MANAGEMENT SERVICES AND OVERTIME INSPECTION COSTS.

PAGE: 3

BACKGROUND
On June 13, 2023, the City Council held a workshop at which 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 Pro gram forecasts 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 Maintenance 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 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 – Pilot Program to the Streets Infrastru cture 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 efforts. The program approach utilizes existing City standard ramp design guidelines 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 asphalt work to follow. Staff presented the pilot program to the City Council on July 18, 2023, and received support and directives to move forward.

On January 31, 2024, staff presented the results of the initial phase of the pilo t program and recommendations for the next phase of improvements at the Streets Infrastructure Committee.

The City is now ready to move forward with the concrete work in preparation for the next set of streets identified for rehabilitation. The concrete i mprovements under project ST241 will consist of construction of sixty -seven (67) curb ramps and 10 alley approaches in the locations shown in Exhibit A. Project ST173 consists of construction of a sidewalk gap closure on the west side of Third Street betw een H Street and Schaefer Avenue as a result of a grievance under the American Disability Act (ADA).

ISSUES/ANALYSIS
Construction Contract
A Notice Inviting Bids was published both locally, and in regional trade publications, and on the Planet Bid web-based bid system for both ST173 and ST241 combined. On March 14, 2024, at 10:00 a.m., the following two (2) Bids were received and opened:

Bid Amounts
Company Location ST173 ST241 Total
CT & T Concrete
Paving Inc.

Diamond Bar, CA $187,300.00 $2,458,201.07 $2,645,501.07 321
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: TRANSPORTATION RIGHT-OF-WAY ADA IMPROVEMENTS PROJECT (ST173) AND THE STREET REHABILITATION FY 23 -24 PROJECT (ST241) - APPROVE A CONSTRUCTION CONTRACT WITH CT & T CONCRETE PAVING INC., PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., AND AUTH ORIZE

EXPENDITURES FOR CONSTRUCTION MANAGEMENT SERVICES AND OVERTIME INSPECTION COSTS.

PAGE: 4

Hardy & Harper, Inc Lake Forest, CA $225,000.00 $4,375,000.00 $4,600,000.00

The lowest, responsible, responsive bid was submitted by CT & T Concrete Paving, Inc., Diamond Bar, CA, as shown in the table above for a total amount of $2,645,501.07. 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.

Construction Support Services
Staff solicited an informal request for proposal (“RFP”) for Geotechnical Engineering Services from three (3) consultants from the approved on -call list. On April 11, 2024, at 10:00am, two (2) RFPs were received and opened. Staff selected the proposal with the lowest bid.

Company Location ST173 ST241 Bid Amount
Leighton
Consulting,
Inc.

Rancho Cucamonga, CA $19,296.00 $34,927.00 $54,223.00
GMU
Geotechnical,
Inc.

Rancho Santa Margarita, CA $24,422.00 $37,222.00 $61,644.00

City Staff determined that Z&K Consultants Inc. (“Z&K”) is the best qualified firm to manage the construction services due to the knowledge and experience Z&K has obtained, as they provided construction management and inspection services for the City’s pil ot program. Z&K also provides competitive hourly rates compared to other consultants with similar qualifications. The City will utilize the existing on -call consultant agreement with Z&K. Z&K hourly rate is $157 compared to other consultants on the on-call list who range from $150 to over $200.

The estimated project construction costs are itemized below:

Project Task Vendor ST173 ST241 Totals
Construction CT & T Concrete &
Paving, Diamond Bar,
CA
$187,300.00 $2,458,201.07 $2,645,501.07
10% Construction
Contingency (1)
As allowable per the
Public Contract Code
$18,730.00 $245,821.00 $264,551.00
Geotechnical
Engineering
Services
Leighton Consulting,
Inc., Rancho
Cucamonga, CA
$19,296.00 $34,927.00 $54,223.00
322
CITY COUNCIL MEETING DATE: MAY 21, 2024
TITLE: TRANSPORTATION RIGHT-OF-WAY ADA IMPROVEMENTS PROJECT (ST173) AND THE STREET REHABILITATION FY 23 -24 PROJECT (ST241) - APPROVE A CONSTRUCTION CONTRACT WITH CT & T CONCRETE PAVING INC., PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., AND AUTH ORIZE

EXPENDITURES FOR CONSTRUCTION MANAGEMENT SERVICES AND OVERTIME INSPECTION COSTS.

PAGE: 5

Construction
Management
Z & K Consultants
Inc., Riverside, CA
$14,130.00 $177,080.00 $191,210
Overtime
Inspections
City Staff $5,000.00 $5,000.00 $10,000.00
EST. TOTAL

CONSTRUCTION
COST
$244,456 $2,921,029.07 $3,165,485.07
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 au thority. Ten percent is generally considered within the normal range of changed conditions on a public works 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. Appropriate $3,165,486 from the Transportation Fund (320) for the Street Rehabilitation FY2023-2024 Project (ST241), with a corresponding year -end transfer in the same amount from the General Fund (100) reserves.

2. Award a construction contract to the lowest, responsive, responsible bidder CT & T Concrete & Paving, Diamond Bar, CA in an amount not to exceed $2,645,501.07.

3. Award a professional services agreement to Leighton Consulting, Inc., Rancho Cucamonga, CA in an amount not to exceed $54,233.

4. Authorize construction management fee not to exceed $191,210 using an existing on - call consultant agreement with Z&K Consultants Inc., Riverside, CA.

5. Authorization of expenditures up to $10,000 for overtime inspection costs and $264,551 for construction contingency 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: Exhibit A – Project Location Map
Exhibit B – Construction Agreement – CT&T (ST173 & ST241) Exhibit C – PSA – Leighton Consulting, Inc. (ST173 & ST241)

Contract No.:

Approved:

AGREEMENT

TRANSPORTATION RIGHT-OF-WAY ADA IMPROVEMENTS PROJECT (ST173) & STREET REHABILITATION FY23-24 PROJECT (ST241)

THIS AGREEMENT is made and entered into this 7th day of May, 2024 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and CT&T Concrete Paving 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 projects entitled Transportation Right -Of-Way ADA Improvements Project (ST173) & Street Rehabilitation FY23-24 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 Two Million Six Hundred Forty -Five Thousand Five Hundred One Dollars and Seven Cents ($2,645,501.07) 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 Ninety (90) 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, plans, 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 326
City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitut e 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 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 327
Agreement to which said party is bound.

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:

Fred Galante, City Attorney Hye Jin Lee, PE, Director of Public Works CT & T CONCRETE PAVING INC.:

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.: ST173 & ST241 - Geotechnical Contract No.: ______________ Services for Street Rehab FY23-24
& Right of Way ADA Improvements

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

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
LEIGHTON CONSULTING, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Leighton Consulting, 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 or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated 329
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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 purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and 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 Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, 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 Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing 330
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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. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. 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 employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, 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 bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance 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 the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. 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 at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 333
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty-Four Thousand Two Hundred Twenty-Three Dollars and Zero Cents Dollars ($ 54,223) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 334
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 335
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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, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2025, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(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. 336
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Michele Hi ndersinn, PE, 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 Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 337
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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, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 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 include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 340
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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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 the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 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 decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 343
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for 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 shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 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 obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall 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 terminate this 345
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 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 designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

Chino City CouncilMay 21, 2024

Chino City Council
May 21, 2024