01225.0006/367559.3 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
JJRD Properties, LLC
PL22-0021 (AA) & PL22-0022 (AA)
01225.0006/367559.3
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
JJRD Properties, LLC
Agreement Date: March 18, 2025
Applicant: JJRD Properties, LLC
Project Description:
PL22-0021 (AA) - A request to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 983 square foot accessory dwelling unit (ADU) with a 217 square foot one car garage.
PL22-0022 (AA) - A request to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 982 square foot accessory dwelling unit (ADU) with a 217 square foot one-car garage.
Located on the southwest corner of “B” Street and 2nd Avenue.
Estimated Total Cost of Improvements: $124,300.00
PL22-0021 - $20,100.00
PL22-0022 - $104,200.00
Security:
Bond No.: ____________________
Surety: ___________________
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Designees for the Service of Written Notice:
CITY: APPLICANT
Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
C/o Isabel Giraldo
Projects Coordinator
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/367559.3
TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Approval
1.3 Intent of Plans
1.4 Performance of Work
1.5 Changes in the Work
1.6 Defective Work
1.7 No Warranty by City
1.8 Authority of the City Engineer
1.9 Documents Available at the Site
1.10 Inspection
1.11 Compliance with Law; Applicable Standards for Improvements
1.12 Suspension of Work
1.13 Erosion and Dust Control and Environmental Mitigation
1.14 Final Acceptance of Works of Improvement
1.15 Vesting of Ownership
1.16 Applicant’s Obligation to Warn Public During Construction
1.17 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Applicant’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 01225.0006/367559.3
5.1 Applicant Responsible for All Related Costs of Construction
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Applicant
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Applicant’s Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Applicant is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 18th day of March, 2025, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and JJRD Properties, LLC (“APPLICANT).
RECITALS
A. Applicant is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”, which Applicant proposes to develop and construct certain works of improvement thereon, as hereafter set forth.
B. Applicant has applied for and received conditional approval from the City to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 983 square foot accessory dwelling unit (ADU) with a 217 square foot one car garage ; and a request to construct a 2,118 square foot two -story single-family home with a 434 square foot two-car garage and a 982 square foot accessory dwelling unit (ADU) with a 217 square foot one-car garage (the “Project”).
C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Applicant acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s site plan or other entitlements for the Property and permitting development of the Property to proceed, Applicant agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Applicant agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $124,300.00.
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Applicant shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Applicant shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Applicant shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Applicant’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Applicant or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Applicant recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or sho p drawings as are necessary to adequately control the work. Without the City Engineer’s prior written approval, no change shall be made by Applicant or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Performance of Work. Applicant shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Applicant’s obligations under this Agreement.
1.5. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Applicant or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work.
No field changes performed or proposed by Applicant or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Applicant may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.6. Defective Work. Applicant shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Applicant or its consultants or contractors, and City makes no representation or warranty, express or implied, to Applicant or to any other person regarding the adequacy of the Plans or related documents.
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3 1.8. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Applicant and its contractor.
1.9. Documents Available at the Site . Applicant shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City ’s inspectors and engineers at all times.
1.10. Inspection. Applicant shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Applicant, or its design engineer, and Applicant’s contractor(s) regarding the Works of Improvement. Applicant shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City ins pector requests it, the Applicant’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.
After examination, the Applicant’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City ’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Applicant or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.11. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Applicant shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Applicant shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Applicant shall also give all necessary notices and pay all fees and taxes as required by law.
Applicant shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Applicant’s contractor to comply with law pursuant to Section 1.12.
In case of suspension of work for any cause whatsoever, Applicant and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary. 01225.0006/367559.3
4 1.13. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control require ments, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.14. Final Acceptance of Works of Improvement . After Applicant’s contractor has completed all of the Works of Improvement, Applicant shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Applicant or its contractor of such items. After the Applicant’s contractor has completed these items, the procedure shall then be the same as specified above for the Applicant’s contractor’s initial request for final inspection. If items are found by City’s inspectors to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Applicant or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Applicant shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City ’s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. Applicant’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Applicant shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Applicant shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Applicant’s operations or construction of the hours, dates and duration of any planned construction activities.
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5 1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Applicant assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Applicant shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Applicant, prior to the recordation of the Notice of Acceptance. Applicant shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates . Subject to Sections 2.2 and 2.3 below, Applicant shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Applicant has established good cause for an extension. As a condition of such extension, the City Engineer may require Applicant to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Applicant requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Applicant’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Applicant acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Applicant shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Applicant by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction. 01225.0006/367559.3
6 2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Applicant’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Applicant, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City’s receipt of a written notice from Applicant or its contractor detailing the grounds for Applicant’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Applicant shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Applicant agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Applicant shall expressly require co mpliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq., Applicant agrees that Applicant, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disabilit y, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and vete ran status. Applicant shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Applicant shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’ licenses for the type of work being performed. All of Applicant’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.
Applicant shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all val id Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements. 01225.0006/367559.3
7 3.4. Worker’s Compensation. Applicant shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Applicant executes this Agreement, Applicant shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of th is Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Applicant’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 124,300.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $ 62,150 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Applicant shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $12,430 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition 01225.0006/367559.3
8 of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Applicant is in default under its payment or performance obligations hereunder or in the event Applicant fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Applicant’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Applicant’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Applicant seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Applicant to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.
4.3. Applicant’s Liability. While no action of Applicant shall be required in order for City to realize on its security under any Security Instrument, Applicant agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City 01225.0006/367559.3
9 from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Applicant shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Applicant.
If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Applicant agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.
4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Applicant has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Applicant has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims 01225.0006/367559.3
10 have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Applicant has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Applicant’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Applicant Responsible for All Costs of Construction. Applicant shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement.
In the event Applicant is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Applicant and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services .
Applicant shall compensate City for all of City’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Applicant shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Applicant be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees . Applicant shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter 3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project , with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
7. Warranty of Work. Applicant shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Applicant, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Applicant fail to remedy defective material and/or workmanship or make 01225.0006/367559.3
11 replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Applicant. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Applicant. Default by Applicant shall include, but not be limited to:
(a) Applicant’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Applicant’s failure to timely complete construction of the Works of Improvement;
(c) Applicant’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Applicant’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Applicant fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Applicant’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Applicant’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Applicant. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Applicant’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Applicant fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Applicant and the Applicant’s surety, Applicant authorizes the City to perform the obligation for which Applicant is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Applicant. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Applicant’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Applicant hereunder, the Applicant agrees that the choice of remedy or remedies for Applicant’s breach shall be in the discretion of the City. Additionally, any 01225.0006/367559.3
12 remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.4. Attorney’s Fees and Costs . In the event that Applicant fails to perform any obligation under this Agreement, Applicant agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Applicant’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all o ther reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Applicant shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Applicant.
9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Applicant, its agents, employees, contractors and subcontractors in the performance of this Agreement.
Applicant further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arisin g out of, acts or omissions of Applicant, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City , its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent propert y owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assum ption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Applicant submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
01225.0006/367559.3
13 After recordation of the Notice of Acceptance, the Applicant shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Applicant shall not be responsible for routine maintenance. It is the intent of this section that Applicant shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable f or any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Applicant shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Applicant’s Indemnity of Project Approval . Applicant shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project.
The City shall promptly notify the Applicant of any claim, action, or proceeding and cooperate fully in the defense of any such claim, a ction, or proceeding. In the event City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.
11. Insurance Requirements. Applicant, at Applicant’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
01225.0006/367559.3
14 (i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Applicant:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Applicant by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires 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.”
(iii) Prior to commencement of work, the Applicant shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” 01225.0006/367559.3
15 (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium.” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers ’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Applicant under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Applicant’s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Applicant shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Applicant are in violation of any environmental law, and neither the property to be dedicated nor the Applicant are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Applicant nor any other person with Applicant’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to 01225.0006/367559.3
16 time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Applicant has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Applicant’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Applicant shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Applicant’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Applicant’s right, title, and interest in and to the Property and any portion thereof.
Applicant hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Applicant in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Applicant to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Applicant’s responsibilities with regard to this Agreement, (the “Replacement Applicant”), the rights and obligations of this Agreement shall transfer to the Replacement Applicant; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Applicant as a condition of the City’s approval of this Agreement, shall remain Applicant’s responsibility to maintain until such time as Applicant and its Replacement Applicant enter into a Transfer and Assignment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Applicant to its Replacement Applicant, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Applicant, including Replacement Applicant’s responsibility to furnish replacement Security Instruments 01225.0006/367559.3
17 meeting the City ’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City’s approval, is executed by Applicant and its Replacement Applicant, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Applicant, Applicant retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Applicant intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Applicant of this Agreement shall not be construed to vest Applicant’s rights with respect to any change in any zoning or building law or ordinance.
13.4. Applicant is Not Agent of City. Neither Applicant nor Applicant’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Applicant’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Applicant’s performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other Applicants for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
01225.0006/367559.3
18 13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be exp ressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signe d by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such pa rty is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/367559.3
19 IN WITNESS WHEREOF, the City and the Applicant have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ __________________________
Fred Galante Hye Jin Lee, P.E.
City Attorney Director of Public Works
JJRD PROPERTIES, LLC
__________________________
By: Jorge Landeros
Manager
CITY OF CHINO
_________________________
Linda Reich
City Manager
ATTEST:
By: __________________________
Natalie Gonzaga
City Clerk
01225.0006/367559.3 A-1
EXHIBIT “A” L
OCATION MAPS
[attached]
01225.0006/367559.3 B-1
EXHIBIT “B”
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right -of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
The Applicant shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: Date:
Updated 1/4/2023
PROJECT NO. PL22-0022 (AA)
DATE: January 3, 2023 PC MEETING DATE: Click or tap to enter a date.
PROJECT DESCRIPTION: Proposed SF Dwelling & ADU
PROJECT LOCATION: APN 102-001-201 SWC B St & 2nd St
APPLICANT: PROJECT ENGINEER: Michele Hindersinn
PRIOR TO THE T HREE MAJOR DEVELOPMENT EVENTS , THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:
1.1. All required plans and studies shall be prepared by a Registere d Professional Engineer and submitted to the Project Engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch by 8½-inch standard format.
1.2. Make the following dedications:
Street Name Distance Direction From C/L
Alley
10’ (additional 2’
required)
East
2nd Street
Any portion of public
sidewalk encroaching
onto property (as per
final design)
N/A
B Street
Additional dedication
needed for corner
cutoff behind
directional ramp (as
per final design)
N/A
a. Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
1.3. Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
1.4. Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
1.5. Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.
1.6. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public
PROJECT NO. PL22-0022(AA) 2 January 3, 2023
improvements shall include, but not be limited to, the following: (Pl ease coordinate and verify all requirements with the project engineer.)
Street Names
2nd
Street(2)
B
Street(2)
Alley(3)
Curb & Gutter (Offset from Centerline) X (20’) (2) X(20’) (2) Sidewalk (Width) X(5’) (1) (2) X(5’) (1) (2)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)
X (10’)(3)
Asphalt Concrete Overlay to Centerline X(4) X(4)
Street Lights X(5)
Median Island and Landscaping
Parkway Landscaping
Striping and Traffic Controls X(6) X(6)
Traffic Signal Interconnect
Conduit System for CATV
Sewer X(7)
Storm Drain
Domestic Water X(7)
Recycled Water
Fire Hydrants as required by CVIFD X
Other Underground power lines carrying less
than 34.5 kV
X(8)
Curb ramps at T intersection of 2 nd & B
Streets(1)
X(9) X(9)
(1) Public improvements shall be made accessible to pedestrians and meet all accessibility (ADA) standards, prior to project acceptance.
(2) Remove and/or repair any damaged, broken or non -standard improvements resulting from the project.
(3) Public Improvement in-lieu fees will need to be paid for the future widening of the Alley to be at the ultimate location. This inc ludes, but is not limited to, the cost for relocation/reconstruction of any paving, utilities (existing & proposed) , landscaping, ribbon gutter, fences/walls and other existing frontage improvements. The in-lieu fee shall be based on an engineering cost estimate prepared by the developer’s civil engineer to be reviewed and approved by the project engineer. Alley approach to be constructed with project.
(4) Minimum 0.1’ grind and overlay to centerline of road (5) Replacement of two street lights along frontage to B Street with poles per current City Standard. (6) Replacement of road and crosswalk striping and red curbing per current City Standard. (7) Identify existing water and sewer connections. Any services that do not meet current standards shall be upgraded and properly abandoned.
(8) Undergrounding of overhead utilities along property frontage to B Street in accordance with Chino Municipal Code Chapter 13.32.
(9) As described in Condition of Approval 1.13.a.
1.7. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1. 6. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager, pursuant to Government Code, Section 66499.
PROJECT NO. PL22-0022(AA) 3 January 3, 2023
1.8. Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-01.
1.9. Obtain design and plan approval from appropriate uti lity companies for undergrounding all utility lines adjoining the existing utility poles fronting the project , including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.
1.10. Comply with all applicable requirements of the City Code.
1.11. Provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk);
b. Curb ramps must be directional;
c. Vehicular crossings (at driveways);
d. Crosswalks (marked)
1.12. Pedestrian facilities ( privately or publicly owned ) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations per Part 36 of Title 28, which include the 2010 (ADA) Standards
1.13. Existing pedestrian facilities on the frontage of the development shall be evaluated for accessibility.
The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks ( marked and unmarked), and their associated pedestrian facilities (on-street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. Sidewalks along frontage to B Street and 2nd Street
ii. curb ramps at T- intersection of B Street and 2nd Street (minimum 1 east-west and 1 north-south crossing), upgrade to directional ramps iii. crosswalk pavement and associated pedestrian facilities (maneuvering, clear space) connecting B St and 2nd St crossings
iv. driveway and alley approaches crossings
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.
1.14. Pay all applicable fees pursuant to City Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date th at the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code Section 3.40.100
PROJECT NO. PL22-0022(AA) 4 January 3, 2023
or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.
Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Section 3.40.080(B) or 3.45.080(B).
1.15. Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.
1.16. City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.
1.17. All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.
1.18. Provide adequate sight distance per City Standard No. 865 for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distanc e requirements are perpetuated.
1.19. Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.
2.0 PRIOR TO REQUEST FOR AND RELEASE OF OCCUPANCY PERMITS/ACCEPTANCE OF PUBLIC IMPROVEMENTS:
2.1. Construct and secure Development Services Department approval of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).
2.2. Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32
2.3. Distribute for signature of all buyers, the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.
2.4. Pay all remaining applicable fees pursuant to City Code.
2.5. Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
3.1 Complete all Conditions of Approval listed under Sections 1-2 above.
3.2 Submit to the City, electronic files of “as -built” improvement plans in AUTOCAD, E sri GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an e -transmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
Attachment
Rev 10/19/22
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PROJECT NO. PL22-0022 (AA)
PROJECT ENGINEER: Michele Hindersinn
DATE: 12/27/2022
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK
1 Copy of Development Engineering Division Conditions of Approval
2 Sets of Maps (Subdivision Only)
2 Copies of preliminary Title Report (no older than six months) (Subdivision Only)
2 Copies of Closure Calculations (Subdivision Only)
1 Set of Referenced Maps (Subdivision Only)
2 Copies of Preliminary Soils Report (no older than sixty days)
2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp
3 Sets of Street Improvements Plans
3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
2 Sets of Sewer Plans (include new laterals on Precise Grading Plan)
3 Sets of Domestic Water Plans (include new services on Precise Grading Plans)
2 Sets of Recycled Water Plans
2 Sets of Street Light Plans
2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)
2 Sets of Signing and Striping Plans
1 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
1 Construction Management Plan
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ SF 4" PCC Sidewalk 5.80$ -$
200 SF 6" PCC Thick Drive Approach on 6" AB 12.50$ 2,500.00$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
TON AC Variable - >300T 120.00$ -$
TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021
APPROVED
CITY OF CHINO ENGINEERING
BY DATE4/28/20
JA 2024.11.26
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00$ -$ EA Adjust Sewer Cleanout to Grade 500.00$ -$ EA Adjust Water Valve and Can to Grade 525.00$ -$ EA Street Light (City Owner) 7,700.00$ -$
EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
LF Signing & Striping for
Arterial 19.00$ -$
Collector 13.00$ -$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ - $
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 500,000.00$ - $
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ -$
EA Traffic Signal Loops 600.00$ -$
STREETS
STREET SUBTOTAL 2,500.00 $
LS Mobilzation (5% of Construction Cost) 5% 125.00$
LS Traffic Control (5% of Construction Cost) 5% 125.00$ LS Clear & Grub Site (5% of Construction Cost) 5% 125.00$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 125.00$ GRAND TOTAL STREETS ONLY 3,000.00$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
19 LF Trench Support/Shoring (6 foot depth) 15.00$ 285.00$ 26 CY Pipe Bedding & Compaction (Imported) 90.00$ 2,340.00$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00$ - $ LF Removal, Disposal of ACP and Backfill 150.00$ -$ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
2 EA 1" Water Service/Meter 3,500.00$ 7,000.00$ EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL 9,625.00$
LS Mobilzation (5% of Construction Cost) 5% 481.25$
LS Traffic Control (5% of Construction Cost) 5% 481.25$ GRAND TOTAL WATER ONLY 10,587.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00$ - $ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
10 LF Trench Support/Shoring 15.00$ 150.00$ 10 LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 750.00$
LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 -$
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 -$
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 -$
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 -$
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 -$
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
1 EA Sewer Cleanout $1,800.00 1,800.00$
SEWER
SEWER SUBTOTAL 2,700.00$
LS Mobilization (5% of Construction Cost) 5% 135.00$
LS Traffic Control (5% of Construction Cost) 5% 135.00$ GRAND TOTAL SEWER ONLY 2,970.00$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$ LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$ EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ EA Outlet Structure 7,000.00$ -$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ - $ 20 LF 4" PVC Drainage Pipe 2.40 $ 48.00$
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 700.00$ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ - $ LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00$ - $
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 680.00$ - $
STORM DRAIN
STORM DRAIN SUBTOTAL 48.00$
LS Mobilization (5% of Construction Cost) 5% 2.40$
LS Traffic Control (5% of Construction Cost) 5% 2.40$
GRAND TOTAL STORM DRAIN ONLY 52.80$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 3,000.00 $
GRAND TOTAL WATER ONLY 10,587.50$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 2,970.00$
GRAND TOTAL STORM DRAIN ONLY 52.80$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 16,610.30$
PROJECT ADDITIVES Project Contingencies 10% 1,661.03$
Construction Staking 3% 498.31$
Soils Testing 1% 166.10$
Material Testing 1% 166.10$
Construction Inspection 4.8% 797.29$
Contract Administration 1% 166.10$
GRAND TOTAL (FOR BOND AMOUNTS) 20,065.24$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Hector Moreno
R.C.E. Number: 66015
Expiration: 6/30/2026
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 20,100.00$ Labor & Material Bond (50% of Construction Cost) 10,000.00$ Warranty Bond (10% of Construction Cost) 2,000.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00$ -$
5 CY Concrete Removal 325.00$ 1,625.00$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ 1437 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 1,437.00$ 61 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 1,586.00$ 90 LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ 2,160.00$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ 1051 SF 4" PCC Sidewalk 5.80$ 6,095.80$ 386 SF 6" PCC Thick Drive Approach on 6" AB 12.50$ 4,825.00$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
2 EA Street Sign and Post 475.00$ 950.00$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
7 EA Painted Legend 6.50$ 45.50$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
TON AC Variable - >300T 120.00$ -$
TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021
APPROVED
CITY OF CHINO ENGINEERING
BY DATE4/28/20
JA 2024.11.26
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00$ -$ EA Adjust Sewer Cleanout to Grade 500.00$ -$ EA Adjust Water Valve and Can to Grade 525.00$ -$ 2 EA Street Light (City Owner) 7,700.00$ 15,400.00$ EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
815 LF Sawcut A.C. 3.00$ 2,445.00$
20 LF Sawcut Concrete 3.00$ 60.00$
5532 SF Cold Plane A.C. 2" Thick 0.28$ 1,548.96$ LF Signing & Striping for
Arterial 19.00$ -$
118 Collector 13.00$ 1,534.00$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00$ - $
226
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ 9,944.00$
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 500,000.00$ - $
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
1 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 4,000.00$ EA Traffic Signal Loops 600.00$ -$
STREETS
STREET SUBTOTAL 53,656.26 $
LS Mobilzation (5% of Construction Cost) 5% 2,682.81$
LS Traffic Control (5% of Construction Cost) 5% 2,682.81$ LS Clear & Grub Site (5% of Construction Cost) 5% 2,682.81$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 2,682.81$ GRAND TOTAL STREETS ONLY 64,387.51$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
19 LF Trench Support/Shoring (6 foot depth) 15.00$ 285.00$ 26 CY Pipe Bedding & Compaction (Imported) 90.00$ 2,340.00$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00$ - $ LF Removal, Disposal of ACP and Backfill 150.00$ -$ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
1 EA Fire Hydrant Assembly per City Std. 7,500.00$ 7,500.00$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
2 EA 1" Water Service/Meter 3,500.00$ 7,000.00$ EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL 17,125.00$
LS Mobilzation (5% of Construction Cost) 5% 856.25$
LS Traffic Control (5% of Construction Cost) 5% 856.25$ GRAND TOTAL WATER ONLY 18,837.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00$ - $ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
10 LF Trench Support/Shoring 15.00$ 150.00$ 10 LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 750.00$
LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 -$
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 -$
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 -$
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 -$
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 -$
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
1 EA Sewer Cleanout $1,800.00 1,800.00$
SEWER
SEWER SUBTOTAL 2,700.00$
LS Mobilization (5% of Construction Cost) 5% 135.00$
LS Traffic Control (5% of Construction Cost) 5% 135.00$ GRAND TOTAL SEWER ONLY 2,970.00$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$ LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$ EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ EA Outlet Structure 7,000.00$ -$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 700.00$ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ - $ LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00$ - $
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 680.00$ - $
20 LF 4" PVC Drainage Pipe 2.40$ 48.00$
STORM DRAIN
STORM DRAIN SUBTOTAL 48.00$
LS Mobilization (5% of Construction Cost) 5% 2.40$
LS Traffic Control (5% of Construction Cost) 5% 2.40$
GRAND TOTAL STORM DRAIN ONLY 52.80$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 64,387.51 $
GRAND TOTAL WATER ONLY 18,837.50$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 2,970.00$
GRAND TOTAL STORM DRAIN ONLY 52.80$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 86,247.81$
PROJECT ADDITIVES Project Contingencies 10% 8,624.78$
Construction Staking 3% 2,587.43$
Soils Testing 1% 862.48$
Material Testing 1% 862.48$
Construction Inspection 4.8% 4,139.89$
Contract Administration 1% 862.48$
GRAND TOTAL (FOR BOND AMOUNTS) 104,187.36$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Hector Moreno
R.C.E. Number: 66015
Expiration: 6/30/2026
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 104,200.00$ Labor & Material Bond (50% of Construction Cost) 52,100.00$ Warranty Bond (10% of Construction Cost) 10,400.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 01225.0006/367559.3 C-1
EXHIBIT “C”
PL22-0021 (AA) & PL22-0022 (AA)
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Applicant to the City of Chino for the above-referenced Subdivision, Applicant hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Applicant are in violation of any environmental law, and neither the property to be dedicated nor the Applicant are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Applicant nor any other person with Applicant’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Applicant has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Applicant’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Applicant hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Applicant and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Applicant’s environm ental experts, to make the representations herein, and that no consent of any other party is 01225.0006/367559.3 C-2
required to execute this warranty and make the representations herein on behalf of the Applicant to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: _________________________
JJRD PROPERTIES, LLC
_________________________
*Proof of authorization for Applicant’s signatures is required to be submitted concurrently with this environmental warranty.