4. Indemnification. Each Party hereby agrees to indemnify and hold the other Party harmless from and against any and all claims, losses , and damages, including legal fees and expenses, caused solely or primarily by such indemnifying Party, which arise out of the implementation of this Agreement.
5. Resolution of Disputes . Any dispute, claim , or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in the County of San Bernardino before three arbitrators. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The prevailing party in any dispute shall be entitled to recover its reasonable attorneys’ fees and costs. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
6. Notices. Unless otherwise provided herein, all notices required to be given pursuant to this Agreement must be given in writing and delivered in person with acknowledged receipt, by overnight courier for next business day delivery with signature required, or by certified mail, return receipt requested, and sent to the intended recipient at the address set forth below:
To City:
City of Chino
Attn: City Manager
13220 Central Avenue
Chino, CA 91710
To District:
Monte Vista Water District
Attn: General Manager
10575 Central Avenue
Montclair, CA 91763
Any notice delivered or sent as provided above will be deemed to have been properly made on the same day it is hand delivered (even if such delivery is refused), on the first business day after delivery to an overnight courier service with instructions for deliver on the next business day, or the third business day after being deposited in the U.S. Mail, certified with return receipt requested. Either Party to this Agreement may change its address for notices hereunder by providing notice of such change to the other Party in the manner set forth above. If the Parties agree to accept electronic service, service of any notice may be effectuated by email to an email address provided by the Parties.
7. Governing Law. The Parties hereby agree that this Agreement is to be governed under the laws of the State of California and construed according to its plain meaning as if drafted by both City and District.
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8. Attorneys’ Fees. In any proceeding brought to enforce, confirm, modify , or vacate an award in arbitration, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
9. Waiver. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with other terms and provisions contained in this Agreement.
10. Severability. Should any provision of this Agreement be determined to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
11. No Third-Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the Parties hereto expressly disclaim any such third-party benefit.
12. Successors and Assigns . The terms, conditions , and provisions of this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
13. Further Cooperation . The Parties agree to execute, acknowledge if appropriate, and deliver any and all documents and cooperate in performing any and all acts in any commercially reasonable manner as may be necessary to carry out the intent of this Agreement as set forth in t he Recitals and implement the terms and conditions of this Agreement.
14. Complete Agreement and Amendment. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces any and all prior negotiations and agreements between the Parties, whether written or oral. This Agreement may be amended only by written instrument signed by both the City and the District.
15. Electronic Signatures and Counterparts. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. This Agreement may be executed in counterparts (signatures may be by facsimile or electronic mail), each of which is hereby declared to be an original.
All, however, shall constitute but one and the same Agreement.
16. Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will be suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes, riots, fire, flood, war, terrorism, governm ental action, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, or acts of God.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date.
CITY OF CHINO MONTE VISTA WATER DISTRICT
By: By:
Linda Reich, City Manager Justin M. Scott-Coe, General Manager
By: By:
Eunice Ulloa, Mayor Sandra S. Rose, President
ATTEST:
By:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:
By: By:
Fred Galante, City Attorney Andrew B. Gagen,
Kidman Gagen Law LLP
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MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Professional Services Agreement - Arellano Associates Public Outreach Services for the Euclid Avenue Bridge Project (ST243).
..end
RECOMMENDATION
Award a Professional Services Agreement to Arellano Associates for $499,983 for Public Outreach Services for the Euclid Avenue Bridge Project (ST243); and authorize the City Manager to execute all necessary documents on behalf of the City. ..body
FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2024 -25 Capital Improvement Program (CIP) for the Euclid Avenue Bridge Project (ST243).
Euclid Avenue Bridge Project (ST243)
Fund Adopted Budget Encumbrances/
Expenditures Budget Available
320 –
Transportation $5,777,973.59 $4,230,673.34 $1,547,300.25
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Revenue: Click or tap here to enter text.
Expenditure: 3207100 – 48007 – ST243
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 212
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: PROFESSIONAL SERVICES AGREEMENT - ARELLANO ASSOCIATES PUBLIC OUTREACH SERVICES FOR THE EUCLID AVENUE BRIDGE PROJECT (ST243).
PAGE: 2
BACKGROUND
Euclid Avenue, between State Route 71 (SR -71) and Pine Avenue, is subject to frequent flooding during heavy rain events. Due to the street’s dip in the roadway, a significant storm event can raise the water level of Chino Creek and overtop the roadway requ iring roadway closure. Detours around Euclid Avenue are typically circuitous and send passenger vehicles and heavy trucks through local streets that would otherwise not carry such significant volume and load. The Euclid Avenue Bridge Project (ST243) aims t o decrease the impact of heavy rain events by raising the street profile to accommodate the free flow of storm water. A raised profile design will increase safety and create reliable access of the roadway even during heavy rain events. It will eliminate th e recurring Public Works crew responses to close the gates, maintenance cost for clean -up and debris removal after flooding, and will also end inconvenience to motorists from repeated road closures during heavy rain events. All of these additional Public Works responses divert crews and resources from responding to other safety concerns during rain events. City of Chino is a large City that covers nearly 30 square miles.
The project will also add pedestrian and bicycle facilities to make it a multi -modal corridor for all users.
The Project was originally anticipated to require an Initial Study/Mitigated Negative Declaration (IS/MND) under the California Environmental Quality Act (CEQA). However, City staff now propose preparing a more comprehensive environme ntal document—an Environmental Impact Report (EIR)—to better support the Project. On October 8, 2024, staff presented a comparative analysis of the IS/MND and EIR to the Infrastructure/Streets Committee. With support from the Committee, Development Service s, and the San Bernardino County Transportation Authority, staff recommend the EIR for its more detailed assessment of project impacts and mitigations, enhanced opportunities for public and agency engagement, and stronger legal defensibility.
Additionally, completing an EIR may increase the City’s eligibility for federal funding once approved.
On February 4, 2025, City Council approved Amendment No. 2 with Biggs Cardosa Associates, for $388,534.24 for additional consultant services to prepare an EIR for the Project. The amendment with Biggs Cardosa Associates did not include a public outreach component.
Public outreach is required for the preparation of the EIR to comply with CEQA requirements.
Given the Project’s size and regional significance, public ou treach will also be required during the design phase and potentially during the construction phase of the Project. The public outreach consultant will work closely with the City of Chino Public Outreach team to develop cohesive messaging and stakeholder engagement for the Project.
ISSUES/ANALYSIS
On January 23, 2025, staff solicited a Request for Proposals (RFP#2025 -0002) “Euclid Bridge Public Outreach” on PlanetBids, following City procurement policies. On February 20, 2025, the City received (7) seven p roposals. Cost proposals were submitted in a separate file. Staff evaluated and ranked the proposals based on the following weighted criteria:
Experience/qualifications: 30%
Past performance/references: 25%
Plan methodology/project approach: 25%
Quality of responsiveness of proposal: 10%
Cost evaluation: 10%
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CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: PROFESSIONAL SERVICES AGREEMENT - ARELLANO ASSOCIATES PUBLIC OUTREACH SERVICES FOR THE EUCLID AVENUE BRIDGE PROJECT (ST243).
PAGE: 3
Staff selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below:
RANK CONSULTANT
1 Arellano Associates
2 Kimley-Horn and Associates, Inc.
3 PlaceWorks, Inc.
4 Circlepoint
5 S. Groner Associates, Inc.
6 CV Strategies
7 Curt Pringle & Associates
Arellano Associates was selected as the highest -ranking proposal by the evaluation committee.
Staff recommends that the City Council award a Professional Services Agreement to Arellano Associates for $499,983 to complete Public Outreach Services for the En vironmental and Design Phase, and Construction Phase of the Euclid Avenue Bridge Project (ST243).
Attachment: Exhibit A – ST243 Vicinity Map
Exhibit B - Professional Services Agreement – Arellano Associates
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Project Name/No.: ST243 Euclid Bridge Environmental Contract No.: ______________ Public Outreach
Project Manager: PW/ A. Espinoza Approved: _____5/20/2025____ 01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
ARELLANO ASSOCIATES
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 20th day of May, 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Arellano Associates , a California Corporatio n (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 216
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 217
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 220
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hu ndred Ninety -Nine Thousand Nine Hundred Eighty-Three Dollars and Zero Cents ($499,983.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 221
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 222
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be 223
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under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Albert Espinoza, Deputy PW Director/City Engineer, or any other person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 225
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 227
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 229
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 230
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 231
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 232
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 234
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 235
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________
Fred Galante, City Attorney Hye Jin Lee, PE, Department Director
CONSULTANT:
ARELLANO ASSOCIATES:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”
Scope of Work
Task A: Project Management & Administration
AA will work closely with the City and Environmental Consultant to collaborate on a successful public involvement program to actively promote project awareness, achieve CEQA environmental outreach objectives, and facilitate project team efficiency and product delivery.
AA will participate in a project kick -off meeting, monthly Project Development Team (PDT) meetings and other outreach focused meetings, as needed, to coordinate and time outreach objectives and scheduling with that of the team and technical objectives.
Deliverables:
▪ Participation in project kick-off meeting
▪ Participation in monthly PDT Meetings (up to 18x)
▪ Participation in outreach coordination meetings (up to 12x)
Task B: Database and Public Participation Plan
B.1 Stakeholder Database, Logs & Email and Helpline
AA will develop a stakeholder database to facilitate active participation from property owners, residents, businesses, schools, chambers of commerce, major employers, city offices, elected officials, news media, community -based organizations, transportation and transit agencies, emergency responders, utility providers and other identified stakeholders that may have interest in the project. The database will be updated on a regular basis and/or as needed by the City, such as after meetings or inquiries. The City shall provide existing contact lists to be included in the database at the start of the project. AA will also develop an Engagement Log to track the meetings, events and other activities conducted on behalf of the project. AA will develop a project email and/or helpline to enable the public to contact the team should they have any questions or comments. A Comment and Inquiry Log will also be developed to track these inputs and others received outside of coordinated engagements. AA will respond to all inquiries within three business days, with responses approved by the City.
B.2 Public Participation Plan
AA will coordinate with the City to develop a comprehensive Public Participation Plan (PPP).
AA understands the City’s commitment to a comprehensive outreach program that provides project stakeholders with the necessary tools and resources to be educated, informed and to provide valuable input at key milestones. The PPP will build on this scope and will develop outreach strategies for consensus -building public involvement strategies and techniques to encourage participation from stakeholders and provide opp ortunities to provide input. AA will use City input and community research to implement an outreach plan tailored to the demographics and composition of the City. Following approval of the PPP, AA will take the lead 239
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in executing the defined tasks, while working closely with the City for review/approval of all materials. See Sections C & D for details on planned messaging, collateral, and engagements.
Deliverables:
▪ Draft, final, and maintain a contact database
▪ Develop and maintain an Engagement Log, Comment and Inquiry Log ▪ Set-up and monitor a project email account and telephone helpline ▪ Draft and final Public Participation Plan
Task C: Collateral Materials
C.1 Website and Interactive StoryMap
AA will develop a project-specific website to provide information on the project description, purpose and benefits, and schedule and it will host all collateral materials and meeting presentations. The website will have a unique domain name and an easy -to-read design and format. AA will work with the City to ensure it is properly linked on the City’ s homepage as well as on a project -specific webpage that will link out to the separate project website. The website will have a link for visitors to comment on the project and ask to be included in the project database. Regular maintenance will be conducted to ensure the information is kept up to date. AA will coordinate directly with City staff to complete this task.
In addition, AA will collaborate with City staff to develop and maintain an interactive project StoryMap that compliments the webpage by using geography as a means of organizing and presenting information, such as design concepts. The StoryMap will also serve as a hub for collateral resources, share meeting announcements, and offer links to surveys, reports and other materials. AA will submit content, graphics, design, and layout recommendations in line with existing City guidelines for approval before anything is posted online.
C.2 Collateral Materials
AA will draft and finalize collateral materials to ensure that consistent, accurate, easy to understand information is provided to the public. Collateral material will be used to build awareness, educate the community about the project, and solicit input as part of the engagement process for the EIR. Materials will be developed in hard copy and digital formats and made available at public meetings, pop -up event booths, briefings, presentations, City counters and posted to the project website. Development of materials will be supported by the City, Army Corps of Engineers, Caltrans, and the San Bernardino County Transportation Agency. To ensure access to non -English speaking members of the community, collateral will be provided in English, Spanish, and Mandarin. These include the following:
Project Fact Sheet: will include a project description, schedule, map and contact information Frequently Asked Questions (FAQs): will provide common questions regarding the environmental process and the project in general, along with responses 240
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Key Messaging: will be developed to provide internal guidance to the team and support consistent and clear messages to key stakeholders and the public Branding: clear and eye -catching branding will be developed by AA to visually communicate the project and ensure a consistent look throughout all materials that is consistent with City design standards
Branded Kit of Parts: design templates for presentation and notification materials, including PowerPoint, display boards, postcards, flyers, posters, eblasts, social media widgets, and more.
All templates and resulting deliverables will be reviewed and approved by the City before distribution to the public.
Deliverables:
▪ Develop content and maintain a project website with City staff ▪ Develop and maintain a StoryMap as an expansion of the project webpage ▪ Draft, design and final Fact Sheet and FAQs with up to one round of updates ▪ Draft and finalize key messaging with up to one round of updates ▪ Design project branding and a branded kit of parts to support presentation and notification efforts
▪ Translation of materials and online tools to Spanish and Mandarin
C.3 Survey
AA will collaborate with the City and Environmental Consultant to develop an online community survey, using Typeform, SurveyMonkey or the similar platform to assess community preference and encourage stakeholders to sign -up for future project updates. The survey will be conducted at the time of scoping and be supported by the same notification campaign. As with other project resources, the survey will be made available in English, Spanish and Mandarin language formats and will be designed in print form as well to increase participation at events.
Deliverables:
▪ Draft and final survey questions and execution
▪ Translate and design print and online surveys in English, Spanish and Mandarin
Task D: Environmental Phase
AA will lead the planning, notification, and execution of Scoping Meetings and Public Hearings, support the Environmental Consultant with the Notice of Preparation and Notice of Availability, aid in the collection and summarization of comments received during official comment periods, and provide notification for the release of the Final EIR. AA will develop work plans for scoping, release of the Draft EIR, and release of the Final EIR, and confer with the City to ensure accuracy and timing. Work plans will outline notification, meeting schedule, format, notification tools, meeting materials, timeline, logistics and staffing. AA will also support the Environmental Consultant to develop meeting presentations, display boards, and other content as needed to support public engagement. Public meetings are recommended to be hosted in City facilities that 241
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are ADA -accessible. All meetings will offer simultaneous interpretation in Spanish and Mandarin as well as at least one court reporter to provide official transcriptions. Spanish - speaking AA staff will be present at each meeting. Because Euclid Avenue is utilized by both locals and commuters from other cities traversing the highway, AA recommends additional measures be taken to generate interest in the project. For example, a video recording could be prepared for each milestone presentation that is uploaded to the project website and distributed through notifications to create greater awareness and engagement. However, AA will remain flexible to the needs of the City and open to switch to virtual webinars for any of the planned meetings. This would allow for the capture of a virtual meeting video and provide greater accessibility to participate in the meeting process.
D.1 Scoping Meetings, Notifications & Outreach Report
The outreach team will execute two in -person public scoping meetings and will prepare all notifications, including traditional and digital methods, such as postcards, flyers, eblast, and social media. Meeting execution will include preparation of a site layout, logistic plan, collaboration on the agenda and presentation materials, and on -site preparations and staffing.
Additional in -meeting activities will also be considered to create fun and interactive opportunities to participate and collect public input. AA will develop a summary report capturing the details of the meetings and comments received. As part of the meeting facilitation process, AA will support the review of the Notice of Preparation and provide feedback and additional support, if needed. AA will also coordinate translation of materials into Spanish and Mandarin to better improve accessibility. The meeting format will be compliant with CEQA, including featuring a court reporter to document public comments.
D.2 Public Hearings, Notifications & Outreach Report
The outreach team will execute two in -person public scoping meetings and will prepare all notifications, including traditional and digital methods, such as postcards, flyers, eblast, and social media. Meeting execution will include preparation of a site layout, logistic plan, collaboration on the agenda and presentation materials, and on -site preparations and staffing.
Additional in -meeting activities will also be considered to create fun and interactive opportunities to participate and collect public input. AA will develop a summary report capturing the details of the meetings and comments received. As part of the meeting facilitation process, AA will support the review of the Notice of Completion/Notice of Availability and provide feedback and additional support, if needed. AA will also coordinate translation of materials into Spanish and Mandarin to better improve accessibility. The meeting format will be compliant with CEQA, including featuring a court reporter to document public comments.
D.3 Final EIR Notification Support
Upon the release of the Final EIR, AA will distribute a round of notifications to inform stakeholders of the document’s availability. Note: It is assumed that the Environmental Consultant will provide copies of the Final EIR for distribution to repository sites.
AA will develop and execute three rounds of notifications for:
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1) Distribution of the survey, Notice of Preparation and scoping 2) Release of the Draft EIR and upcoming public hearings; and 3) Availability of the Final EIR.
Public notifications will be translated into Spanish and Mandarin and will include the following:
Direct Mail – AA is prepared to conduct a direct mail campaign of postcards or flyers (up to 1,000 pieces) for each round of notification.
E-blasts – Extremely cost-effective method to reach email contacts in the project database.
Social Media Posts and Reels – Social media has proven to be a cost -effective strategy for instant public information and for generating community input. AA will utilize the existing City social media accounts to increase public awareness and participation. Content will include organic posts, events, and video Reels. Reels will be an essential tool leading up to public meetings, as audiences are more likely to engage with video over stagnant images. AA will work closely with the City to ensure that the content is posted in a timely manner to engage City residents and its followers.
Flyers and Posters – AA will develop content and design flyers to promote the scoping meetings and public hearings. These will be provided to the City to distribute to city facilities.
These may also be offered to key stakeholders to share with their communities.
Print Advertisements – Display newspaper ads will be published to announce scoping and Public Hearings.
Digital Advertisements – Geotargeted social media ads can be programmed to reach local residents, businesses, and commuters.
News releases – AA will support the City in developing a news release in advance of each round of meetings. Electronic Communications Toolkit – AA will distribute messaging to promote public meetings to neighboring cities, other agencies, active community groups, and key stakeholders to enable them to share with their communities and increase the reach of notification.
The Chino Link – AA will develop short blurbs or articles to be featured in the City’s electronic newsletter.
Repository Sites – Hard copy notification materials can be disseminated via City Hall, Chamber of Commerce, local schools, libraries, etc.
D.4 Information Booths and Pop-up Events
AA will plan and coordinate opportunities to engage with the public through informational community events and/or pop -up booths prior to key environmental milestones, including scoping and release of the Draft EIR. AA will coordinate up to four (4) pop -ups to build project awareness and educate the public about the project’s progress and ways to become involved in 243
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the environmental process. Events will include two staff members available to answer questions and educate the public, an information table with collateral material, and potentially a laptop or tablet to display the project website, survey and other online resources.
AA will work with City staff to coordinate events that will reach and engage a broad range of residents. By going out and meeting with people where they already congregate, the team will be able to reach diverse, underserved segments of the public that may be affected by the project.
Bilingual staff and materials will be on -hand to improve accessibility to project information.
Possible event locations include:
▪ Concert in the Park
▪ Farmers Markets
▪ Back-to-School Nights
▪ Sports League Opening Days
▪ Cultural/Ethnic Celebrations
D.5 Support at City Meetings
AA will attend up to two (2) Infrastructure Committee Meetings, two (2) Planning Commission Meetings, and four (4) City Council meetings to support the technical team and respond to outreach-related questions from city representatives or members of the public. All meetings will be added to the Engagement Log for the project’s public record.
Deliverables:
▪ Develop work plans for scoping, release of the Draft EIR, and release of Final EIR (up to 3)
▪ Coordination, logistics, staffing (up to 4) and execution of Scoping meetings, up to 2 ▪ Coordination, logistics, staffing (up to 4) and execution of Public Hearings, up to 2 ▪ Development and execution of mailings, distribution of flyers and posters at public repository sites, and display advertisements, up to 2 times (scoping and hearings only) ▪ Development and distribution of digital notification, including eblasts, e -communications toolkits, news releases, and newsletter blurbs (up to 3 rounds) ▪ Development of social media posting calendars for City’s existing accounts, up to 3 rounds
▪ Development of social media video reels, up to 6
▪ Develop meeting materials, including agenda, handouts, and miscellaneous materials, such as sign-in sheets, comment cards, etc. in English, Spanish and Mandarin, as needed ▪ Support development and design of presentations and print exhibit boards, up to 15 per meeting round
▪ Coordination of simultaneous interpretation in Spanish and Mandarin, up to 4 meetings ▪ Reserve court reporters, up to 4 meetings
▪ Conduct community / pop-up events, up to 4
▪ Provide staffing, with at least 1 Spanish-speaking staffer per meeting and event ▪ Prepare and facilitate all logistics, in coordination with City staff ▪ Draft and final summary report for Scoping Meetings and for Public Hearings, up to 2 ▪ Attend two (2) Infrastructure Committee Meetings
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▪ Attend two (2) Planning Commission Meetings
▪ Attend four (4) City Council Meetings
Task E: Final Design Phase
E.1 Final Design Community Meeting & Notifications
AA will host one community meeting during the final design phase to present the complete design and status for the upcoming construction plan. The meeting will provide a presentation that will include an overview of the project purpose, benefits, design features, staging, access and detours, and how to remain informed. The meeting will feature an “open house” at the start of the meeting as well as after the presentation to provide a space for attendees to speak with project team members one-on-one and ask questions and view exhibits in greater detail.
AA will oversee logistics, including meeting scheduling, preparation and distribution of notices, trilingual (English, Spanish, Mandarin) staffing, meeting set -up and clean-up, meeting materials (sign-in sheets, comment cards, name badges and directional signage), photography, and refreshments. A notification campaign using traditional and digital methods will also be developed and executed to encourage participation.
E.2 Final Public Involvement Summary Report
With the completion of the Final Design Meeting, AA will develop a comprehensive Public Involvement Summary Report that documents the whole of the project, including the addition of prior engagement summaries in an appendix.
Deliverables:
▪ Develop a work plan
▪ Coordination, logistics, staffing (up to 4) and execution of one (1) community meeting ▪ Development and distribution of notification materials, including mailings, eblasts, social media, flyers and posters, advertisements, e -communications toolkit, news releases, and newsletter blurbs
▪ Develop meeting materials, including agenda, handouts, and miscellaneous materials, such as sign-in sheets, comment cards, etc. in English, Spanish and Mandarin, as needed ▪ Support the design and development of the presentation and print exhibit boards (not to exceed 40)
▪ Provide simultaneous interpretation for Spanish and Mandarin in meeting ▪ Draft and final Public Involvement Summary Report
Task F: Construction Phase (36 months)
AA will carry over the experience gained from supporting the environmental phase to complete the proposed scope to serve the construction phase. AA will support weekly meetings with the City and construction contractor, provide regular email communications to project stakeholders, distribute construction notices, capture progress on video, and execute a groundbreaking and ribbon-cutting event.
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The outreach team will maintain the project database throughout the life of the project.
AA will maintain the project helpline for residents and stakeholders to call in with questions on construction, which AA staff will monitor daily. AA will also maintain an inquiry log to note all inquiries received during the construction phase and will develop and distribute regular construction notices, including 55 -hour weekend closures. These notices will include detour maps and all relevant details to inform local residents public and commuters of potential impacts. The outreach team will coordinate and facilitate up to four (4) virtual briefings with groups of key stakeholders prior to 55 -hour weekend closures to ensure they are informed of the upcoming work, traffic impacts, detours, and other mitigations in place. Additionally, the outreach team will lead planning and execution of a groundbreaking event and ribbon -cutting event at the conclusion of major construction. AA will lead notification, vendor coordination, development of invitations and other collateral, talking points, and press releases.
As a way to visually document construction progress, AA will coordinate video recording sessions of the existing site conditions prior to construction and key construction milestones to capture the full “before and after” of the project. Footage can be taken with hand-held cameras as well as a drone, as AA has the equipment and technical video production expertise in -house. These videos can be tailored for promotion on social media via a full-length video or Reels.
Deliverables:
▪ Participate in weekly team meetings, up to 156
▪ Develop and distribute bi-weekly update eblasts, up to 78 ▪ Develop and distribute street closure notices, including detour maps ▪ Provide regular website updates with construction updates ▪ Develop and maintain an inquiry log and telephone helpline ▪ Maintain the project contact database
▪ Lead virtual briefings with key stakeholders prior to 55 -hour weekend closures, up to 4
▪ Update collateral materials
▪ Plan and execute a Groundbreaking event
▪ Plan and execute a Ribbon-cutting event
▪ Develop news releases, up to 15
▪ Develop monthly content for the Chino Link newsletter with construction updates, up to 36
▪ Capture video recordings before the start of major construction and during major key milestones and video development, up to 12
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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Project No. ST243 Euclid Avenue Bridge
Environmental Public Outreach
Duration: 18 months for Environmental Phase; 36 months for Construction Phase Revised
Task Description Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost A+ Project Management & Administration
(incl. 31 mtgs; kick-off, up to 18x PDT, and
up to 12x outreach coordination mtgs)
5 1,161.60$ 40 6,653$ - -$ 80 11,616$ - -$ - -$ - -$ - -$ - -$ 125 19,430.40$ B+ Database and Public Participation Plan
B.1 Stakeholder Database, Engagement Log,
Comment & Inquiry Log, and Project Email/Phone)
- -$ 5 832$ - -$ - -$ 15 1,940$ - -$ - -$ 50 4,620$ 70 5,174$ 140 12,566.40$ B.2 Public Participation Plan (PPP) 1 232.32$ 2 333$ - -$ 10 1,452$ 15 1,940$ - -$ 2 195$ - -$ - -$ 30 4,152.72$ C+ Collateral Materials
C.1 Website & StoryMap - -$ 5 832$ - -$ 30 4,356$ 40 5,174$ 5 726$ 25 2,442$ 20 1,848$ - -$ 125 15,378.00$ C.2 Collateral Materials (Branding, Fact Sheet, FAQ, & Key Messaging)
- -$ 5 832$ - -$ 15 2,178$ 20 2,587$ 25 3,630$ - -$ 30 2,772$ - -$ 95 11,998.80$ C.3 Survey and Analysis - -$ 5 832$ - -$ 5 726$ 20 2,587$ 10 1,452$ 20 1,954$ - -$ 25 1,848$ 85 9,398.40$ D+ Environmental Phase
D.1 Scoping Meetings, Notifications & Outreach Report (up to 2x mtg & 1x rpt)
4 929.28$ 15 2,495$ - -$ 40 5,808$ 60 7,762$ 10 1,452$ -$ 70 6,468$ 70 5,174$ 269 30,088.08$ D.2 Public Hearings, Notifications & Outreach Report (up to 2x mtg & 1x rpt)
4 929.28$ 15 2,495$ - -$ 40 5,808$ 60 7,762$ 10 1,452$ -$ 70 6,468$ 70 5,174$ 269 30,088.08$ D.3 Final EIR Notification Support 2 464.64$ 5 832$ - -$ 10 1,452$ 30 3,881$ 5 726$ 5 488$ 35 3,234$ 20 1,478$ 112 12,555.84$ D.4 Community/Pop-ups Events (up to 4x) - -$ - -$ - -$ 5 726$ 15 1,940$ - -$ - -$ 40 3,696$ 40 2,957$ 100 9,319.20$ D.5 Support at City Meetings (up to 8x) - -$ 5 832$ - -$ 15 2,178$ 20 2,587$ - -$ - -$ - -$ - -$ 40 5,596.80$ E+ Final Design Phase
E.1 Final Design Community Meeting (up to 1x) 2 464.64$ 8 1,331$ - -$ 20 2,904$ 35 4,528$ 10 1,452$ - -$ 45 4,158$ 40 2,957$ 160 17,793.60$ E.2 Final Public Involvement Summary Report - -$ 5 832$ - -$ 20 2,904$ - -$ - -$ - -$ 15 1,386$ - -$ 40 5,121.60$ 18 4,181.76$ 115 19,126.80$ - -$ 290 42,108.00$ 330 42,688.80$ 75 10,890.00$ 52 5,079.36$ 375 34,650.00$ 335 24,763.20$ 1,590 183,487.92$ F+ Construction Outreach (36 mo)
Team Coordination - -$ - -$ 75 14,850$ - -$ 75 9,702$ - -$ - -$ 75 6,930$ - -$ 225 31,482.00$ Construction Meetings (up to 156x) - -$ - -$ - -$ - -$ 156 20,180$ - -$ - -$ - -$ - -$ 156 20,180.16$ Virtual Briefings (up to 4x) - -$ - -$ 20 3,960$ - -$ 20 2,587$ - -$ - -$ 20 1,848$ - -$ 60 8,395.20$ Stakeholder Communications (incl. database,
logs, & inquiries)
- -$ - -$ 40 7,920$ - -$ 140 18,110$ - -$ - -$ 170 15,708$ - -$ 350 41,738.40$ Collateral - -$ - -$ 5 990$ - -$ 20 2,587$ 20 2,904$ - -$ 20 1,848$ - -$ 65 8,329.20$ Notices and Digital Communications (bi-weekly) - -$ - -$ 50 9,900$ - -$ 120 15,523$ 50 7,260$ - -$ 234 21,622$ - -$ 454 54,304.80$ Groundbreaking - -$ - -$ 20 3,960$ - -$ 50 6,468$ 20 2,904$ - -$ 60 5,544$ 70 5,174$ 220 24,050.40$ Ribbon Cutting - -$ - -$ 20 3,960$ - -$ 50 6,468$ 20 2,904$ - -$ 60 5,544$ 70 5,174$ 220 24,050.40$ Videography and Editing - -$ - -$ 15 2,970$ - -$ 40 5,174$ 100 14,520$ - -$ 125 11,550$ - -$ 280 34,214.40$ - -$ - -$ 245 48,510.00$ - -$ 671 86,800.56$ 210 30,492.00$ - -$ 764 70,593.60$ 140 10,348.80$ 2,030 246,744.96$ 18 4,181.76$ 115 19,126.80$ 245 48,510.00$ 290 42,108.00$ 1,001 129,489.36$ 285 41,382.00$ 52 5,079.36$ 1,139 105,243.60$ 475 35,112.00$ 3,620 430,232.88$ ESTIMATED DIRECT COSTS**
Environmental Phase
Public Notice Printing and Delivery (amount not to exceed) 3,000.00$ General Printing (up to 30x boards, fact sheet, flyers, posters, etc.) Assumes production of up to 30x graphic display boards for public meetings and events and multi-language handouts for meetings, events and public counters. 7,500.00$ Online Communication Tools (web hosting, survey, helpline, etc.) Assumes the City will establish a helpline for the project that AA will support ongoing management and updates. 500.00$ Advertisements Assumes cooridination of up to 6x newsprint ads to compliment the Environmental Consultant's legal notification process. Remaining budget will be allocated to digital social media ads. 10,000.00$ Translation (Spanish and Mandarin) Assumes collateral, notifications and misc. materials will be translated in Spanish and Mandarin, as needed. 3,500.00$ Interpretation (Spanish and Mandarin; up to 5x mtgs) Assumes Spanish and Mandarin simultaneous interpretation for each public meeting. 6,000.00$ Court Reporters (up to 4x) Assumes the use of court reporter at both scoping meetings and public hearings. 6,000.00$ Event Registration Fees (up to 4x) Assumes event fees of up to $500; up to 4 events 2,000.00$ Misc. Supplies, Refreshments & Participation Incentives 600.00$ Mileage/Parking 300.00$
DIRECT COST SUB-TOTAL - Environmental Phase 39,400.00$
Construction Phase
Public Notice Printing and Delivery (amount not to exceed) 3,000.00$ General Printing 7,000.00$
Online Communication Tools (web hosting, survey, etc.) 500.00$ Translation (Spanish and Mandarin)* Assumes only collateral will be translated into Mandarin. 2,000.00$ Drone Vendor 12,500.00$
Vendor Fees for Events 5,000.00$
Mileage/Parking 350.00$
DIRECT COST SUB-TOTAL - Construction Phase 30,350.00$
TOTAL DIRECT COST 69,750.00$
TOTAL PROPOSED BUDGET 499,982.88$
ADDITIONAL ASSUMPTIONS
Assumes PDT and outreach coordination meetings will be held virtually, except for kick-off meeting which may be held in-person.
Assumes AA will prepare outreach agenda items for inclusion in up to 18x PDT meeting agendas and prepare outreach coordination meeting agendas and minutes for up to 12x meetings.
Assumes the City and Environmental Consultant shall provide known contact lists to aid in the development of the Stakeholder Database.
Assumes AA will create project branding and design templates, including but not limited to project logo, PowerPoint, display boards, eblast header, social media widgets, e-communication toolkits, etc.
C.3 Assumes the use of Typeform or similar preference survey platform and that the survey will occur in tandem with a meeting notification campaign.
Assumes City will provide facility for public meetings
Assumes public meetings will be held in-person, in open house format and require the support of up to 4x staff per meeting, but AA will remain flexible to convert to virtual meeting format if the City so chooses.
Assumes AA will support the NOP and NOA distributions.
Assumes AA will coordinate with the City to distribute posts and possibly digital ads through the City's social media pages. * Fully Burdened rate is inclusive of 140.00% overhead and 10% fee ** To be billed at actual cost.
+ Tasks to be used for monthly invoicing.
TOTAL
LABOR SUBTOTAL - Construction Phase
LABOR TOTAL
City of Chino
3/31/2025
LABOR COSTS Edgar Gutierrez Jason Jackson Margaret Meadows Yvette Ximenez Matt Evans Kyle Santiago Keven Michel A
B.1
D.1, D.2 &
E.1
Assumes the Environmental Consultant or City will prepare all legal notices (including but not limited to NOP and NOC/NOA), shall afford legal ads, shall distribute copies of the EIR to public counters, and shall deliver legal documents/filings, such as with the County Clerk and Clearing House as required by CEQA.
Sr. Project Coordinator Creative Lead Tech Coordinator Project Coordinator Ast. Project CoordinatorPrincipal-in-Charge Env. Phs. Project Mgr. Cnstr. Phs. Project Mgr. Deputy Project Manager LABOR SUBTOTAL - Environmental Phase
EXHBIT C-1
C1-1
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01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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01225.0001/863604.2 D1-1 EXHIBIT “D-1”
SCHEDULE
251
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Professional Services Agreement Amendment No. 1 – Benson Reservoir No. 3 Improvement Project (WA213)
..end
RECOMMENDATION
Approve Amendment No. 1 for $162,473 to the Professional Services Agreement with Dudek (Agreement No. 2024 -282), for additional services to design a structural concrete tank for Benson Reservoir No. 3 Improvement Project (WA213); and authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Sufficient funds are budgeted for the Fiscal Year 2024 -2025 Capital Improvement Program (CIP) for the Benson Reservoir No. 3 Improvement Project (WA213).
Benson Reservoir No.3 Improvement Project (WA213)
Fund Adopted Budget Expenditures/
Encumbrances Available Budget
520 – Water Fund $4,509,440.00 ($729,685.01) $3,779,754.99
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Responsible Long-Range Planning
Effective Technology
Revenue: Click or tap here to enter text.
Expenditure: 5207310 – 48004 – WA213
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 252
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 - BENSON RESERVOIR NO. 3 IMPROVEMENT PROJECT (WA213)
PAGE: 2
BACKGROUND
The Benson Water Treatment Plant (Benson WTP) centrally treats groundwater supplied from Well 5 and Well 9 located onsite, and Well 10 located offsite. The Benson WTP has the capacity to treat 3,400 -gpm (gallons-per-minute) utilizing Granular Activated Carbon vessels to remove 1,2,3 TCP and a 5,000 -gpm capacity to remove nitrate via a Calgon ISEP ion exchange. The Benson WTP supplies treated water to Reservoir No. 3 which supplies the Benson Booster Pump Station and boosts the flow into the water system.
The existing Benson Reservoir No. 3 was constructed in 1961 and does not meet current seismic requirements. The City plans to replace the existing 1.5 -million-gallon (MG) capacity reservoir with a new 7 -MG capacity reservoir on the northwest corner of the current site. The existing reservoir will be demolished following the installation of the new reservoir. This order of work allows for operations to be maintained at the Benson WTP during project construction.
On October 17, 2023, the City released a Request for Proposals (RFP#2023 -7011) “Benson Reservoir 3 Improvement Project” and on November 14, 2023, the City received two proposals.
On May 31, 2024, the City Council approved a professional services agreement with Dudek for design engineering and construction support for the Benson Reservoir 3 Improvement project for $694,851. The Request for Proposals (RFP) scope included replacing the existing reservoir with a new steel tank to the maximum size possible. As part of their scope of work, Dudek prepared a Preliminary Design Report (PDR), to identify and address deficiencies and comply with all current applicable codes and standards for design development. The proposed design confirms that the site can accommodate a 172 -foot diameter tank with a capacity of 7.4 MG. To meet current seismic code requirements, the tank’s internal clearance height is set at 10 feet 8 inches, resulting in an overall height increase of approximately 10 feet compared to the existing tank.
ISSUES/ANALYSIS
As part of the Project’s PDR, Dudek evaluated alternative tank material solutions and now recommends modifications t o better align with the City’s long -term sustainability and fiscal responsibility goals. Dudek included the potential advantages of a concrete reservoir for the City’s consideration. While the upfront construction cost of a concrete tank is approximately 40% higher than that of a steel tank, concrete structures offer reduced long -term maintenance needs. In contrast, steel reservoirs require regular recoating, and inconsistent maintenance can lead to significant structural deterioration and costly repairs ov er time. To memorialize the selection of the most cost -effective and sustainable option, the design team will conduct a comprehensive life cycle analysis comparing steel and concrete alternatives. The life cycle analysis will provide the more cost -effective and sustainable option to be concrete, however it must be memorialized in this way within the PDR to move forward. Based on this revised scope, staff recommend amending the design contract to incorporate this analysis and address long - term maintenance considerations.
Therefore, staff recommends the City Council approve Amendment No. 1 to the professional services agreement (2024-282) with Dudek for $162,473 to complete additional design services for a structural concrete tank for the Benson Reservoir No. 3 Improvement Project for a total contract amount not to exceed $857,324.
Attachments: Exhibit A – Project Vicinity Map
Exhibit B – PSA Amendment No. 1 – Dudek (WA213)
253
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 - BENSON RESERVOIR NO. 3 IMPROVEMENT PROJECT (WA213)
PAGE: 3
254
255
Project Name/No.: Engineering Design & Bid Contract No.: 2024-282________ Support Svcs for WA213
Project Manager: PW/ N. Avila Approved: ______________
AMENDMENT NO. 1
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Dudek, a California Corporation (“Consultant”) is effective as of the 20th day of May, 2025.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated May 21, 2024 (“Agreement”) whereby Consultant agreed to provide engineering design and bid support services.
B. City and Consultant now desire to amend the Agreement to increase compensation, change the scope of services and extend the term of the Agreement.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) The Scope of Services provided in Exhibit “A-1” of the Agreement is amended to include Services as specified in Exhibit “A-2”, attached hereto. (b) Section 2.1, Contract Sum, is hereby revised to increase the Contract Sum by One Hundred Sixty-Two Thousand Four Hundred Seventy-Three Dollars and Zero Cents ($162,473.00) for additional design and bid support services for a new approximately 7 million gallon (MG) pre-stressed concrete reservoir at the City’s Benson Water Treatment Plant (WTP), and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation" attached hereto as Exhibit “C-1” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eight Hundred Fifty-Seven Thousand Three Hundred Twenty-Four Dollars and Zero Cents ($857,324.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
(c) The Schedule of Compensation provided in Exhibit “C-1” of the Agreement is revised to incorporate an updated fee schedule described in Exhibit “C-2”, attached hereto.
(d) The Schedule of Performance provided in Exhibit “D-1” of the Agreement is to be replaced by the Performance as specified in Exhibit “D-2”, attached hereto. 256
01225.0001/863605.1
(e) Section 3.4, Term, is hereby revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2027, except as otherwise provided in the Schedule of Performance (Exhibit “D-2”). Consultant shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines.”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
257
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________
Fred Galante, City Attorney Hye Jin Lee, P.E., Director of Public Works
CONSULTANT:
DUDEK
By:
Name: Joseph Monaco
Title: President
By:
Name: Bob Ohlund
Title: Vice President
Address: 605 Third Street
Encinitas, CA 92024
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 258
1 April 13, 2025
Ms. Natalie Avila, EIT, Associate Engineer
City of Chino
[email protected]
Subject: Benson Reservoir and Improvements (WA213) Design and Bid Support Services – Amendment Proposal for Concrete Tank Design
Dear Ms. Avila:
Dudek submitted a proposal for the Benson Reservoir and Improvements (WA213) Design and Bid Support Services on November 14, 2023, and entered negotiations for the work on March 20, 2024. Dudek submitted a final revised scope of work and proposal on April 2, 2024, and the revised proposal was accepted during the City Council Meeting on May 21, 2024.
The project has progressed with the completion of the Preliminary Design Phase. To date, Dudek has completed Tasks 1, 2a, 3, and 4 in their entirety, and made progress on Tasks 2b, 5, 6, 7, and 12. Dudek submitted the Final Preliminary Design Report (PDR) on March 5, 2025. The original proposal was based upon the design of a new AWWA D100 welded steel reservoir. After submitting the Final PDR, and subsequent discussions, the City elected to change the reservoir type to an AWWA D110 Type III pre-stressed concrete reservoir due to comparable construction costs for these two reservoir types and concerns about future recoating and potential replacement/repair costs for various roof structural component(s) affiliated with the AWWA D100 welded steel reservoir.
Dudek is respectfully submitting this cost amendment to our original proposal to provide design and bid support services for a new approximately 7 million gallon (MG) AWWA D110 Type III pre-stressed concrete reservoir at the City’s Benson Water Treatment Plant (WTP). The revised scope of work is outlined in the sections below. 1 Scope of Services
Dudek provided a Scope of Work in the November 2023 proposal, as well as an amendment to that Scope of Work on April 2024. Dudek will perform all work covered by these proposals, in addition to the deletions, revisions, and additions outlined in the following sections:
TASK 1: AS-BUILT RESEARCH, INVESTIGATION , AND REVIEW
No change. Task has been completed.
Deliverables:
N/A
EXHIBIT “A-2”
A2-1 259
TO: MS. NATALIE AVILA, EIT, ASSOCIATE ENGINEER
SUBJECT: BENSON RESERVOIR AND IMPROVEMENTS (WA213) DESIGN AND BID SUPPORT SERVICES –
AMENDMENT PROPOSAL FOR CONCRETE TANK DESIGN
2 TASK 2: PRELIMINARY DESIGN REPORT AND FINAL ENGINEERING DESIGN - REVISED Task 2.a: Preliminary Design Report
Dudek has completed this task in its entirety assuming design of a welded steel reservoir.
Additional hours will be added as part of this task to revise the Final PDR to reflect design of a concrete reservoir.
Revisions include but are not limited to:
• Class IV cost estimate
• Preliminary site layout and associated appurtenances
• Structural elements such as material types, foundation types, site/geotechnical concerns, scheduling, and seismic considerations
• Basis of design parameters including relevant codes, seismic and wind parameters, and geotechnical parameters
• Grading
• Proposed piping alignments
• Methods of mural application
• Any other sections or references to a welded steel reservoir Dudek will submit a Draft PDR to the City for comments. Dudek will incorporate the City’s comments and submit a Final PDR. Once accepted by the City, Dudek will begin development of contract documents related to grading. It is assumed that there will not be changes to the grading concept after the preliminary approach is accepted.
The MND project description has already been completed, and no changes to this scope are required.
Dudek has included labor hours and fee for one meeting prior to submission of the 30% design/PDR to get City buyoff on the concrete reservoir 30% Design before moving on to the 60% Design.
Deliverables:
Draft Revised PDR
Final Revised PDR
Task 2.b: Final Engineering Design
Following submission of the Final Revised PDR, Dudek will prepare a complete set of Construction Drawings.
Dudek will submit 60%, 90%, and Final Drawings to the City for review and comment and incorporate all comments into subsequent submittals. Dudek has included labor hours and fee for one site visit (as mentioned in Task 12) to verify the final design is constructible given existing site conditions. The Final Drawings will be finalized construction drawings ready to be publicly bid. Dudek anticipates an additional 12 drawings to be required for the concrete reservoir design, resulting in a total sheet count of 65.
It is assumed for the purposes of this proposal that no modifications are required to the existing booster pump station or wellhead pumps. If the hydraulic analysis indicates that modifications or any additional construction is required, the work can be added Dudek will bill this on a time and materials basis pending approval of the City.
California Environmental Quality Act (CEQA) documentation will also be prepared and submitted as part of this task (reference Task 5). A
2-2 260
TO: MS. NATALIE AVILA, EIT, ASSOCIATE ENGINEER
SUBJECT: BENSON RESERVOIR AND IMPROVEMENTS (WA213) DESIGN AND BID SUPPORT SERVICES –
AMENDMENT PROPOSAL FOR CONCRETE TANK DESIGN
3 Deliverables:
60% Drawings: Electronic Submittal (PDF)
90% Drawings: Electronic Submittal (PDF)
Final Drawings: Electronic Submittal (PDF and CAD files) + 1 hard copy (mylar) TASK 3: FIELD INVESTIGATIONS
No change. Task has been completed.
Deliverables:
N/A
TASK 4: HAZMAT REPORT
No change. Task has been completed.
Deliverables:
N/A
TASK 5: PERMITTING
Task 5.a: Environmental
Hours removed. Please note that according to the April 2024 revision, this task assumed submission of a Notice of Exemption. However, on September 25, 2024, the City Planner directed Dudek to complete a Mitigated Negative Declaration, which is shown in Task 15.
Deliverables:
N/A
Task 5.b: Other Permits
No change.
TASK 6: SITE IMPROVEMENTS
No change in scope.
Deliverables:
Draft and Final Drainage Design Memorandum
TASK 7: WQMP
No change.
Deliverables:
Preliminary, 60%, and 100% WQMP A
2-3 261
TO: MS. NATALIE AVILA, EIT, ASSOCIATE ENGINEER
SUBJECT: BENSON RESERVOIR AND IMPROVEMENTS (WA213) DESIGN AND BID SUPPORT SERVICES –
AMENDMENT PROPOSAL FOR CONCRETE TANK DESIGN
4 TASK 8: ENGINEER’S QUANTITY AND COST ESTIMATE
A few additional hours have been added to address project elements related to structural design of a concrete reservoir.
Deliverables:
60% Bid Schedule and EOPCC: Electronic Submittal (PDF) 90% Bid Schedule and EOPCC: Electronic Submittal (PDF) Final Bid Schedule and EOPCC: Electronic Submittal (PDF) + 1 hard copy TASK 9: CONSTRUCTION SPECIFICATIONS AND BID DOCUMENTS
Additional hours have been added to address project elements related to structural design of a concrete reservoir.
Deliverables:
60% Technical Specifications and Bid Documents: Electronic Submittal (PDF) 90% Technical Specifications and Bid Documents: Electronic Submittal (PDF) Final Technical Specifications and Bid Documents: Electronic Submittal (PDF) + 1 hard copy TASK 10: PLAN INTERPRETATION AND BIDDING ASSISTANCE
No change in scope. Please note that the slight increase in the fee is a result of an increase in the Corrosion Protection subconsultant’s billing rates this year.
TASK 11: CONSTRUCTION SUPPORT AND SHOP DRAWING REVIEW
No change in scope. Additional hours have been added to address 3 additional re-submittals related to a concrete reservoir design, bringing the total assumed material submittals (inclusive of re-submittals) to 103. If additional submittals are required, Dudek will bill them on a time and materials basis pending approval of the City.
TASK 12: MEETINGS AND SITE VISITS
In addition to the original scope, Dudek will hold one additional Design Review Meeting after submittal of the Final Revised PDR. See Task 2a.
TASK 13: AS-BUILT DRAWINGS
No change in scope. Additional hours have been added to address as-builts for drawings related to structural design of a concrete reservoir.
Deliverables:
Record Drawings – Electronic Submittal (PDF)
A
2-4 262
TO: MS. NATALIE AVILA, EIT, ASSOCIATE ENGINEER
SUBJECT: BENSON RESERVOIR AND IMPROVEMENTS (WA213) DESIGN AND BID SUPPORT SERVICES –
AMENDMENT PROPOSAL FOR CONCRETE TANK DESIGN
5 OPTIONAL TASK 1 4: HYDRAULIC MODEL
No change in scope.
OPTIONAL TASK 1 5: MND
No change in scope.
3 Schedule
The revised schedule is included in Attachment A.
4 Revised Fee Estimate
The amended contract value will be the original contract value of $694,851 plus the Amendment No. 1 value of $162,473, resulting in a total fee of $857,324. See Table 1 for a summary of the fee adjustments. A more detailed breakdown is provided in Attachment B where all revisions are designated in red text.
Table 1. Revised Fee Summary
Thank you for the opportunity to submit this amendment proposal. Please feel free to call or email Kasey Harvey at 760-479-4882/[email protected] with have questions regarding the proposal. We look forward to continuing work on the Benson Reservoir.
A
2-5 263
City of ChinoBenson Reservoir Improvements (WA213) Design and Bid ServicesDUDEK FEE ESTIMATE - REVISED4/11/2025 369.00 Project Team Role:PIC - QA/QCProject Manager
Senior Engineer/ ModelerStormwater EngineerProject EngineerElectrical Engineer CEQA SpecialistCAD / Graphic Designer Hazmat StructuralGeotech Survey Corrosion Team Member:N. HarperK. HarveyI. Crano N. RiegerH. MarkleJ. SchneiderA. HardyN. HunterTOTAL DUDEK DUDEK LABOR Aurora Kelsey Leighton Guida R.F. YeagerOTHER DIRECT Billable Rate :$280 $255 $250 $265 $200 $250 $235 $190 HOURS COSTS Fee Fee Fee Fee Fee COSTS TOTAL FEETask 1As-Built Research, Investigation, and Review (complete)1.1 As-Built Research, Investigation, and Review (complete) 8 16 10 34 7,550$ $968 8,518$ Subtotal Task 10 0 8 0 16 0 10 0 34 7,550$ -$ 968$ -$ -$ -$ -$ 8,518$ Task 2Preliminary Design Report and Final Engineering Design2.1 Draft Preliminary Design Report (complete) 2 12 20 8 40 8 40 130 28,340$ $2,398 30,738$ 2.2 Final Preliminary Design Report (complete) 1 4 8 2 16 4 10 45 9,930$ $2,398 12,328$ 2.2.1Final Revised Preliminary Design Report 2 8 8 24 6 25 73 15,650$ $12,540 28,190$ 2.3 60% Engineering Drawings 4 20 10 10 80 60 260 444 91,770$ $45,503 $3,509 140,782$ 2.4 90% Engineering Drawings 4 12 16 8 60 30 120 250 52,600$ $45,503 $5,973 104,076$ 2.5 Final Engineering Drawings 1 4 8 4 16 22 56 111 23,700$ $45,503 $6,116 1,000$ 76,319$ Subtotal Task 214 60 70 32 236 130 0 511 1053 221,990$ -$ 153,846$ -$ -$ 15,598$ 1,000$ 392,434$ Task 3Field Investigations (complete)3.1 Geotechnical Investigation (complete) 1 2 3 755$ $22,330 $5,830 28,915$ 3.2 Topographic Survey (complete) 1 2 2 4 9 1,915$ $13,200 15,115$ 3.3 Utilty Research and Notification (complete) 1 2 40 43 8,755$ $836 9,591$ Subtotal Task 30 3 6 0 42 0 0 4 55 11,425$ -$ 836$ 22,330$ 13,200$ 5,830$ -$ 53,621$ Task 4HazMat Report (complete)4.1 Inspections (complete) 2 2 4 1,010$ $2,673 3,683$ 4.2 Report (complete) 2 2 4 1,010$ $924 1,934$ Subtotal Task 40 4 4 0 0 0 0 0 8 2,020$ 3,597$ -$ -$ -$ -$ -$ 5,617$ Task 5Permitting5.1 CEQA NOE (not used) 0 -$ -$ 5.2 Other Permits 1 16 20 80 117 25,360$ 25,360$ Subtotal Task 51 16 20 0 80 0 0 0 117 25,360$ -$ -$ -$ -$ -$ -$ 25,360$ Task 6Site Improvements6.1 Drainage Memo 2 4 28 12 60 106 23,760$ $8,712 32,472$ Subtotal Task 62 4 28 12 60 0 0 0 106 23,760$ -$ 8,712$ -$ -$ -$ -$ 32,472$ Task 7WQMP7.1 WQMP 2 4 12 23 128 169 36,275$ 36,275$ Subtotal Task 72 4 12 23 128 0 0 0 169 36,275$ -$ -$ -$ -$ -$ -$ 36,275$ Task 8Engineer's Quantity and Cost Estimate8.1 60% Quantity and Cost Estimate 2 4 8 32 8 54 11,980$ $3,010 14,990$ 8.2 90% Quantity and Cost Estimate 1 2 6 20 6 35 7,790$ $3,010 10,800$ 8.3 Final Quantity and Cost Estimate 1 1 2 16 4 24 5,235$ $3,010 8,245$ Subtotal Task 84 7 16 0 68 18 0 0 113 25,005$ -$ 9,031$ -$ -$ -$ -$ 34,036$ Task 9Construction Specifications and Bid Documents9.1 60% Specifications and Bid Documents 4 10 18 60 24 116 26,170$ $3,274 29,444$ 9.2 90% Specifications and Bid Documents 2 6 10 32 16 66 14,990$ $3,274 18,264$ 9.3 Final Specifications and Bid Documents 1 4 6 20 6 37 8,300$ $3,274 11,574$ Subtotal Task 97 20 34 0 112 46 0 0 219 49,460$ -$ 9,823$ -$ -$ -$ -$ 59,283$ Task 10Plan Interpretation and Bidding Assistance10.1Bidder Questions 2 4 6 12 2,710$ $1,804 4,514$ 10.2Addenda (3) 2 2 4 8 16 3,330$ 3,330$ 10.3Bid Review / Recommendation 1 2 4 7 1,555$ 1,555$ 10.4Conformed Plans and Specifications 1 1 4 4 10 2,305$ $1,837 4,142$ Subtotal Task 100 6 9 0 18 4 0 8 45 9,900$ -$ 1,804$ -$ -$ 1,837$ -$ 13,541$ Task 11Construction Support and Shop Drawing Review11.1RFIs (30) 6 8 30 8 52 11,530$ $1,914 $1,661 15,105$ 11.2Submittals (103) 10 20 100 20 150 32,550$ $6,160 $2,492 41,202$ Subtotal Task 110 16 28 0 130 28 0 0 202 44,080$ -$ 8,074$ -$ -$ 4,153$ -$ 56,307$ Task 12Meetings and Site Visits12.1Kick-Off Meeting (1) 6 6 12 3,030$ 100$ 3,130$ 12.2Background Materials Meeting (1) 2 2 4 1,010$ 1,010$ 12.3Site Visits (2) 12 12 6 30 7,560$ $660 500$ 8,720$ 12.4Design Review Meetings (4) 8 8 8 24 6,040$ $660 6,700$ 12.5Coordination Meetings (5) 5 5 10 2,525$ 2,525$ 12.6Pre-Construction Meeting (1) 6 6 1,530$ 100$ 1,630$ 12.7Coordination Meeting with Emerson (1) 8 8 2,000$ 100$ 2,100$ 12.8Coordination Meetings with Regulatory Agencies (5) 5 12 17 4,095$ 100$ 4,195$ Subtotal Task 120 44 33 0 0 22 12 0 111 27,790$ -$ 1,320$ -$ -$ -$ 900$ 30,010$ Task 13As-Built Drawings13.1As-Built Drawings 1 1 4 4 40 50 9,905$ $4,312 14,217$ Subtotal Task 130 1 1 0 4 4 0 40 50 9,905$ -$ 4,312$ -$ -$ -$ -$ 14,217$ Total Non-Optional Hours and Fee30 185 269 67 894 252 22 563 2282 494,520$ 3,597$ 198,726$ 22,330$ 13,200$ 27,418$ 1,900$ 761,691$ Percent of Hours:1% 8% 12% 3% 39% 11% 1% 25% 100% Task 14Hydraulic Model14.1Creation of New Hydraulic Model 30 30 7,500$ $1,419 8,919$ Subtotal Task 140 0 30 0 0 0 0 0 30 7,500$ 1,419$ -$ -$ -$ -$ -$ 8,919$ Task 15Preparation of MND15.1CEQA Project Initiation / Project Description 10 10 2,350$ 2,350$ 15.2CEQA Technical Studies 220 220 51,700$ 51,700$ 15.3Draft MND 105 105 24,675$ 24,675$ 15.4Final MND 34 34 7,990$ 7,990$ Subtotal Task 150 0 0 0 0 0 369 0 369 86,715$ -$ -$ -$ -$ -$ -$ 86,715$ Subconsultant Fees
Optional Services
Dudek Labor Hours and Rates
EXHIBIT “C-2”
264
ID Task Name Duration Start Finish Predecessors
1 Notice to Proceed 0 days Mon 5/27/24 Mon 5/27/24
2 Kick-Off Meeting 0 days Mon 6/3/24 Mon 6/3/24 1FS+6 days 3 Task 1 - As-Built Research, Investigation, and Review 10 days Mon 5/27/24 Fri 6/7/24 4 As-Built Research, Investigation, and Review 10 days Mon 5/27/24 Fri 6/7/24 1 5 Background Materials Meeting 0 days Fri 5/31/24 Fri 5/31/24 4SS+5 days 6 Task 2 - Preliminary Design Report and Final Engineering Design 373 days Mon 6/3/24 Wed 11/5/25 5 7 Preliminary Design Report 258 days Mon 6/3/24 Wed 5/28/25 5 8 Draft Preliminary Design Report 74 days Mon 6/3/24 Thu 9/12/24 5 9 Site Visit 0 days Tue 7/16/24 Tue 7/16/24 8SS+10 days 10 Submittal of Draft Alternatives Analysis Report 0 days Thu 9/12/24 Thu 9/12/24 8,31,32 11 City Review 42 days Thu 9/12/24 Fri 11/8/24
12 PDR / 30% Design Review Workshop 0 days Mon 11/25/24Mon 11/25/24 13 Final Preliminary Design Report 73 days Mon 11/25/24Wed 3/5/25 12 14 Submittal of Final Alternatives Analysis Report 0 days Wed 3/5/25 Wed 3/5/25 13,36 15 Final Revised Preliminary Design Report 15 days Thu 4/24/25 Wed 5/14/25 16 Revised PDR / 30% Design Review Workshop 0 days Wed 5/21/25 Wed 5/21/25 15FS+5 days 17 Submittal of Final Revised Alternatives Analysis Report 0 days Wed 5/28/25 Wed 5/28/25 16FS+5 days 18 Final Engineering Design 115 days Thu 5/29/25 Wed 11/5/25 19 60% Engineering Drawings, Specifications, and Estimate 45 days Thu 5/29/25 Wed 7/30/25 17 20 Submit 60% Engineering Drawings, Specifications, and Estimate 0 days Wed 7/30/25 Wed 7/30/25 19,33,50 21 City Review 10 days Thu 7/31/25 Wed 8/13/25 20
22 60% Design Review Workshop 0 days Wed 8/13/25 Wed 8/13/25 21 23 90% Engineering Drawings, Specifications, and Estimate 35 days Thu 8/14/25 Wed 10/1/25 22 24 Site Visit 0 days Wed 8/27/25 Wed 8/27/25 23SS+10 days 25 Submit 90% Engineering Drawings, Specifications, and Estimate 0 days Wed 10/1/25 Wed 10/1/25 23,47 26 City Review 10 days Thu 10/2/25 Wed 10/15/25 25
27 90% Design Review Workshop 0 days Wed 10/15/25Wed 10/15/25 26 28 Final Engineering Drawings, Specifications, and Estimate 15 days Thu 10/16/25 Wed 11/5/25 27 29 Submit Final Engineering Drawings, Specifications, and Estimate 0 days Wed 11/5/25 Wed 11/5/25 28,51,53 30 Task 3 - Field Investigations 30 days Mon 6/3/24 Fri 7/12/24 31 Geotechnical Investigation 30 days Mon 6/3/24 Fri 7/12/24 8SS 32 Topographic Survey 28 days Mon 6/3/24 Wed 7/10/24 8SS 33 Utility Research and Information 30 days Mon 6/3/24 Fri 7/12/24 8SS 34 Task 4 - HazMat Report 30 days Mon 6/3/24 Fri 7/12/24 5 35 Inspections 0 days Fri 6/7/24 Fri 6/7/24 5FS+5 days
36 Report 30 days Mon 6/3/24 Fri 7/12/24
37 Task 5 - Permitting 371 days Tue 6/4/24 Tue 11/4/25 2 38 Environmental 371 days Tue 6/4/24 Tue 11/4/25 2
39 Project Initiation / Project Description 25 days Tue 6/4/24 Mon 7/8/24 1 40 Technical Studies 15 days Thu 5/29/25 Wed 6/18/25 17 41 Public Review Draft MND 34 days Thu 7/3/25 Tue 8/19/25 40SS+25 days 42 Draft MND 30 days Wed 8/20/25 Tue 9/30/25 41
43 Final MND 25 days Wed 10/1/25 Tue 11/4/25 42
44 Other Permits 347 days Tue 6/4/24 Wed 10/1/25
45 Identification of Permit Requirements 35 days Tue 6/4/24 Mon 7/22/24 8SS 46 Permit Coordination 45 days Thu 5/29/25 Wed 7/30/25 19SS 47 Permit Preparation and Application 70 days Thu 6/26/25 Wed 10/1/25 19SS+20 days 48 Coordination Meetings with Regulatory Agencies 45 days Thu 5/29/25 Wed 7/30/25 19SS 49 Task 6 - Site Improvements 45 days Thu 6/26/25 Wed 8/27/25 4SS 50 Draft Drainage Memo 25 days Thu 6/26/25 Wed 7/30/25 4SS 51 Final Drainage Memo 20 days Thu 7/31/25 Wed 8/27/25 50 52 Task 7 - WQMP 140 days Thu 4/24/25 Wed 11/5/25
53 WQMP 140 days Thu 4/24/25 Wed 11/5/25 8SS
54 Task 8 - Engineer's Quantity and Cost Estimate
55 INCLUDED ABOVE IN TASK 2 N/A
56 Task 9 - Construction Specifications and Bid Documents 57 INCLUDED ABOVE IN TASK 2 N/A
58 Task 10 - Plan Interpretation and Bidding Assistance 59 Bidder Questions TBD
60 Addenda TBD
61 Bid Review / Recommendation TBD
62 Conformed Plans and Specifications TBD
63 Task 11 - Construction Support and Shop Drawing Review 64 RFIs TBD
65 Submittals TBD
66 Pre-Construction Meeting TBD
67 Coordination Meeting with Emerson TBD
68 Task 12 - Meetings and Site Visits
69 INCLUDED IN RESPECTIVE TASKS IN ORANGE FONT N/A
70 Task 13 - As-Built Drawings
71 As-Built Drawings TBD
5/27
6/3
5/31
7/16
9/12
11/25
3/5
5/21
5/28
7/30
8/13
8/27
10/1
10/15
11/5
6/7
May June July August September October November December January February March April May June July August September October November 265
MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE
SUBJECT
..titl e
Annexation No. 9 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.
..end
RECOMMENDATION
..recommendation
1) Conduct a Public Hearing; 2) adopt Resolution No. 2025-017 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-3; 3) adopt Resolution No. 2025 -018, declaring results of the spec ial election; and 4) authorize the City Manager to execute all documents on behalf of the City.
..body
FISCAL IMPACT
Annexation of the property will initially add an additional $2,102.50 of Special Taxes annually, to be levied within Improvement Area 5 of CFD 2003 -3 to be used for certain municipal services described in the Resolution of Formation for CFD 2003 -3. As the balance of the property develops, additional revenues from the planned multi-family development will be levied annually for the same purpose. The projected revenue from the planned multi -family development will be between $108 and $138, per developed unit. The aggregate projected annual revenue will vary based upon the final number and size of multi-family units constructed.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Financial Stability
Revenue: 1001000-51200
Expenditure:
Transfer In: Transfer Out:
266
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: ANNEXATION NO. 9 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-03 IMPROVEMENT AREA 5.
PAGE: 2
BACKGROUND
The City’s General Plan requires the City to ensure that new development within the City has a fiscally neutral effect on the General Fund. That principle has been applied to all new developments in The Preserve.
The City formed CFD 2003-3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003-3. In addition, the City formed Improvement Area 5 of CF D 2003-3 for the purpose of levying special taxes exclusively for payment of municipal services and administrative expenses for Improvement Area 5 (note: no public facilities are authorized to be financed through Improvement Area 5 and no CFD bonds will be issued payable by Improvement Area 5 Special Taxes). The Rate and Method of Apportionment for Improvement Area 5 (RMA) includes the Special Tax rates for residential and non -residential properties.
Authorized municipal services payable from Improvement Ar ea 5 Special Taxes include maintenance of parks, parkways and open space, flood and storm protection, operation of storm drainage systems, and public safety services.
On April 15, 2025, City Council adopted Resolution No. 2025 -013 declaring the City of Ch ino’s intention to annex territory into Improvement Area 5 of Community Facilities District No. 2003 -3 for municipal services and establishing May 20, 2025 as the Public Hearing date.
ISSUES/ANALYSIS
The property owner petitioning the City Council to annex into Improvement Area 5 is Chino Preserve Development Corporation, a California corporation (the “Owner”), which is controlled by Lewis Management Corp., a Delaware corporation (“Lewis”). The Landow ner is seeking to annex into Improvement Area 5 of CFD 2003 -3 as a condition of Resolution No. 2005 -14 and subsequent resolutions, which require that all development projects within The Preserve annex into an existing CFD to fund necessary municipal services.
Upon adoption of Resolution No. 2025 -013, a notice of Public Hearing was published in the local newspaper on May 17, 2025. Additionally, the full notice was sent to the Landowners as required by law. The Ballot and waiver form was sent to the Landowner. The waiver form allows the Landowner to waive the standard 90 -day waiting period between the calling of the special election and the actual election, along with certain other procedures. The Landowner has signed the waiver to ensure the election occurs on an expedited basis.
The annexation into Improvement Area 5 of CFD 2003 -3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into Improvement Area 5 of CFD 2003-3 at a special election.
After the public hearing has been conducted, an election is held for the Landowner to cast its ballot. The ballot is tallied, and if the annexat ion is approved by the Landowner, the City adopts a resolution declaring the result of the special election and ordering annexation of the property into Improvement Area 5 of CFD 2003-3.
Attachments: Resolution No. 2025-017, Exhibit A
Resolution No. 2025-018
Annexation Boundary Map
267
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: ANNEXATION NO. 9 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-03 IMPROVEMENT AREA 5.
PAGE: 3
268
1 RESOLUTION NO. 2025-017
A RESOLUTION OF THE CITY COUNCIL OF CITY OF CHINO
AUTHORIZING THE ANNEXATION OF CERTAIN TERRITORY TO
IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3 OF THE CITY OF CHINO, AUTHORIZING THE LEVY OF
SPECIAL TAXES, AND CALLING ELECTIONS THEREIN
(ANNEXATION NO. 9)
WHEREAS, the City Council (the “City Council”) of City of Chino (the “City”) has heretofore adopted Resolution No. 202 5-013 on April 15, 2025 (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “ Proposed Annexation Area”) to Improvement Area 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Ch apter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of the Resolution of Intention to Annex setting forth a description of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the services (the “Services”) and costs of the Community Facilities District to be financed by Improvement Area 5 of the Community Facilities District, and the rate and method of apportionment of the special tax for Impro vement Area 5 of the Community Facilities District proposed to be levied within the Proposed Annexation Area is on file with the Clerk of the City (the “City Clerk”) and is incorporated herein by reference; and WHEREAS, a notice was published in a newspape r of general circulation at least seven (7) days prior to the public hearing on May 20, 2025 with respect to the matters described in the Resolution of Intention to Annex and notice was mailed to all owners of the land within the Proposed Annexation Area a s required by law relative to the intention of the City Council to annex the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to levy a special tax within the Proposed Annexation Area; and WHEREAS, on May 20, 2025 , th is City Council opened a noticed public hearing as required by law relative to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes therein for the payment of the Services and costs of the Community Facilities District; and WHEREAS, at the May 20, 2025 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and the levy of the special taxes within the Proposed Annexation Area were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and th e proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes within the Proposed Annexation Area was not precluded by a majority protest of the type described in Section 53339.5 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of the special taxe s in the Proposed Annexation Area; and
269
2 WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the Proposed Annexation Area for the period of 90 days prior to May 20, 2025 and that the qualified elector s in the Proposed Annexation Area are the landowners within the Proposed Annexation Area; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to call an election within the Proposed Annexation Area to authorize (i) the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and (ii) the levy of special taxes pursuant to the applicable rate and method of apportionment of the special tax for Improvement Area 5 of the Community Facilities District, as set forth in Exhibit C to the Resolution of Intention to Annex (the “Improvement Area 5 Rate and Method”).
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. An annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facili ties District is hereby authorized pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the annexation of the Proposed Annexation Area to Improvement Area 5 were valid and in conformity with th e requirements of law, including the Act.
Section 3. The Improvement Area 5 Rate and Method is described in detail in Exhibit C to the Resolution of Intention to Annex and incorporated herein by this reference, and the City Council hereby finds that Exhibit C to th e Resolution of Intention to Annex contains sufficient detail to allow each landowner within the Proposed Annexation Area to estimate the maximum amount that may be levied against each parcel.
Section 4. Written protests against the annexation of the Proposed Annex ation Area have not been filed by one -half or more of the registered voters or six registered voters, whichever is more residing within Improvement Area 5, within the boundaries of the Proposed Annexation Area or by the property owners of one -half or more of the area of land within the boundaries of the Proposed Annexation Area. The City Council hereby finds that the proposed annexation has not been precluded by a majority protest pursuant to Section 53339.6 of the Act.
Section 5. An election is hereby called for within the Proposed Annexation Area on the proposition of annexing the Proposed Annexation Area to Improvement Area 5 and the levying of the special tax for Improvement Area 5 in accordance with the Improvement Area 5 Rate and Method on the property within the Proposed Annexation. The proposition to be placed on the ballot is attached hereto as Exhibit A.
Section 6. The date of the foregoing election within the Proposed Improvement Area shall be May 20, 2025 , or such later date as is consented to by the City Clerk an d the landowners within the Proposed Annexation Area. The City Clerk shall conduct the election.
Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Ac t, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Chino insofar as such provisions are determined by the City Clerk to be applicable. 270
3 It is hereby found that there are not more than twelve regis tered voters within the Proposed Annexation Area, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Proposed Annexation Area.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 20th day of May 2025.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino
271
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 20th day of May 2025, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A
272
A-1
EXHIBIT A
SAMPLE BALLOT
SPECIAL TAX ELECTION
CITY OF CHINO
ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 9)
(May 20, 2025)
This ballot represents __ votes.
To vote, stamp a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.
PROPOSITION: Shall the territory described in Resolution No. 2025-013 of the City Council of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003 -3 of the City of Chi no, and shall a special tax with a rate and method of apportionment as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003-3 be levied in the Proposed Annexation Area to pay for the Services and other purposes described in the Resolution of Intention to Annex?
YES______
NO_______
273
1 RESOLUTION NO. 2025-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO DECLARING ELECTION RESULTS FOR ANNEXATION
NO. 9 TO IMPROVEMENT AREA 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3
WHEREAS, the City Council (the “City Council”) of the City of Chino (the “City”) has heretofore conducted proceedings in accordance with Article 3.5 (commencing with Section 53339) of Chapt er 2.5 of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982” (the “Act”) for the annexation of approximately 9.25 acres of land within portions of Assessor Parcel Number 1057-441-04-0000 to Improvement Area 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”), including conducting a public hearing on May 20, 2025 pursuant to Section 53339.5 of the Act; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for May 20, 2025 and submitting to the qualified electors of the territory to be annexed to Improvement Area 5 of the Community Facilities Distri ct the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provide d in the form of special election ballot attached thereto as Exhibit A; and
WHEREAS, a Certificate of Election Results, dated May 20, 2025, executed by the City Clerk, has been filed with this City Council, certifying that a completed ballot has been retur ned to the Clerk for each landowner -voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this City Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO:
Section 1. Recitals. This City Council finds and determines that the foregoing recitals are true and correct.
Section 2. Ballot Measure. This City Council hereby finds, determines and declares that the ballot measure submitted to t he qualified electors of the territory to be annexed (the “Annexed Territory”) to Improvement Area 5 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Act.
Section 3. Declaration of Results . All vo tes voted in the special election on the proposition of the annual levy of special taxes within the Annexed Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried.
274
2 Section 4. Annexation. This City Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Act, the City Council is authorized to determine that the Annexed Territory has been added to and become a part of Improvement Area 5 of the Community Facilities District with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8 of the Act, to annually levy special taxes within the Annexed Territory to pay the costs of the services to be pro vided by the Community Facilities District as specified in Resolution No. 2025-013 adopted by the City Council on April 15, 2025 (the “Resolution of Intention to Annex”). The boundaries of the Annexed Territory are shown on the map entitled, “Annexation M ap No. 9 Community Facilities District No. 2003 -3 Improvement Area No. 9 of the City of Chino, County of San Bernardino, State of California,” a copy of which was recorded, on April 29 , 202 5 as Document No. 20 25-0096769, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 37, in the office of the San Bernardino County Recorder.
Section 5. Notice of Special Tax Lien . Pursuant to Section 53339.8 of the Act and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the Community Facilities District reflecting the Annexed Territory.
Section 6. Effect. This resolution shall take effect from and after its adoption.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 20th day of May 2025.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino
275
3 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 20th day of May 2025, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A
276
A-1
EXHIBIT A
SAMPLE BALLOT
SPECIAL TAX ELECTION
CITY OF CHINO
ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 9)
(May 20, 2025)
This ballot represents __ votes.
To vote, stamp a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distingu ishing marks are forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.
PROPOSITION: Shall the territory described in Resolution No. 2025-013 of the City Counci l of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003 -3 of the City of Chino, and shall a special tax with a rate and method of apportionme nt as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003-3 be levied in the Proposed Annexation Area to pay for the Services and other purposes described in the Resolution of Intention to Annex?
YES______
NO_______
277
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 9 TO IMPROVEMENT AREA NO. 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2025, BY RESOLUTION NO. ______________________.
_____________________________________
CITY CLERK, CITY OF CHINO
SHEET 1 OF 1
M:\GIS-Assessment\Chino\Chino_CFD2003-3_IA5_Annex9.mxd
PINE AVE
MARKET ST
W
EST PRESERVE LOOP
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL
OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND
DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2024-25.
ANNEXATION MAP NO. 9
PROJECT
LOCATION
83 PINE AVE
KIMBALL AVE
CHINO-CORONA RD
EUCLID
AVE
BICKMORE AVE
GROVE
AVE
FERN AVE
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 5
OF THE CITY OF CHINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
VICINITY MAP
NOT TO SCALE
0 200 400 600
Feet
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
__________________________ THIS _____ DAY OF
__________________ 2025 AT __________ M.
IN BOOK _________________ OF _______________________
AT PAGE _________________ AT THE REQUEST OF THE CITY
OF CHINO IN THE AMOUNT OF $________________________
CHRIS WILHITE
ASSESSOR-RECORDER-COUNTY CLERK
SAN BERNARDINO COUNTY
BY: ______________________________________
DEPUTY RECORDER
THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF
WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OF
MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECOND AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.
2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDED
BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286 IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THE
COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.
FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2025
BY: _______________________________________
CITY CLERK, CITY OF CHINO
ASSESSOR PARCEL NUMBERS
1057-441-04-0000
LEGEND
ANNEXATION BOUNDARY
PARCEL BOUNDARY
278
MEMORANDUM
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: TERRY DOYLE, DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT
SUBJECT
..titl e
Assembly Bill (AB) 2561 – Annual Public Hearing on City of Chino Job Vacancies and Recruitment and Retention Efforts.
..end
RECOMMENDATION
..recommendation
Conduct a Public Hearing required by Assembly Bill (AB) 2561 and receive an informational presentation pertaining to City of Chino job vacancies and recruitment and retention efforts. ..body
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
279
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: ASSEMBLY BILL (AB) 2561 - ANNUAL PUBLIC HEARING ON CITY OF CHINO JOB VACANCIES AND RECRUITMENT AND RETENTION EFFORTS.
PAGE: 2
BACKGROUND
On September 22, 2024, Assembly Bill (AB) 2561 was signed into law, which became effective on January 1, 2025, under California Government Code Section 3502.3. This new law amends the Meyers -Milias-Brown Act (MMBA), which establishes collective bargaining rights for local government employees. The primary objective of Government Code Section 3502.3 is to address vacancy rates within local public agencies, including the City of Chino, by enhancing transparency and accountability in recruitment and retention efforts.
ISSUES/ANALYSIS
Under Government Code Section 3502.3, the City must hold at least one public hearing per fiscal year to present the status of vacancies and recruitment and retention efforts prior to the adoption of the final budget. In addition, recognized employee organizations are entitled to make their own presentation during the public hearing.
If the total number of full -time authorized positions within a bargaining unit exceeds 20%, the City must also provide the following info rmation upon request to the recognized employee organization: 1) total number of vacancies within the bargaining unit; 2) total number of applications for vacant positions; 3) average number of days to complete the hiring process; and 4) opportunities to improve compensation and working conditions.
As of May 2025, no employee groups in the City have a vacancy rate that exceeds 20%.
In accordance with Government Code Section 3502.3, the Human Resources/Risk Management Department has implemented a range of p roactive measures to enhance recruitment and retention strategies. Outreach efforts have been expanded through active participation in job fairs and targeted job advertisements on social media and professional organizations. The recruitment process has als o been streamlined, thereby reducing the time it takes to hire and onboard new employees. As a result of these coordinated efforts, 45 full -time employees were newly hired or promoted during FY24–25.
To support employee retention, the City has implemented a range of internal training programs and professional development pathways designed to promote career growth from within and reduce turnover. These initiatives include customer service training and a Leadership Academy focused on developing future leaders from the existing workforce. Additionally, the City offers a Tuition Advancement Program to help employees further their education and skill development.
To strengthen recruitment and retention in critical areas, particularly public safety, the City has also introduced targeted hiring incentives, including a sick leave hiring incentive and hiring bonuses.
Attachment: City of Chino Vacancy Rates
280
City of Chino Vacancy Rates
Full-Time
Authorized Positions
Vacant
Positions Vacancy Rate
AFSCME 73 4 5%
Teamsters 87 3 3%
Chino Police Officers Association 97 5 5%
Chino Police Management Association 24 0 0%
Chino Police Professional Employees
Association 47 3 6%
Confidential 18 1 6%
Unrepresented Management 88 8 9%
Deputy Directors 6 1 17%
Executive Management 7 0 0%
Unrepresented Sworn Management 3 0 0%
281
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Cancel the procurement of Police Vehicles with Warren Anderson dba Fritts Ford and Approve the Procurement of Police Vehicles with Fairview Ford Sales, Inc. ..end
RECOMMENDATION
..recommendation
1) Cancel the procurement of thirteen (13) Police Interceptor Utility vehicles with Warren Anderson dba Fritts Ford, Riverside, CA, for $588,165.50 2) approve the procurement of thirteen (13) Police Interceptor Utility vehicles with Fairview Ford Sales, In c., San Bernardino, CA, for $787,544.29; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
A total of thirteen (13) Police Interceptor Utility vehicles are being requested for purchase.
Sufficient funds are included in the Fiscal Year 2024-2025 Public Works Department Equipment Management Fund (Fund 660).
All thirteen (13) vehicles will be purchased from the 660 Fund as follows:
Fund 660 – Equipment Management
Funding Source Budget Amount Projected
Expenditures
Number of
Vehicles
66074001-48070-IE254 $66,000 $60,580.33 1
66074001-48070-IE240 $269,550 $181,740.99 3
6607400-48070 $594,000 $545,222.97 9
Totals $929,550 $787,544.29 13
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue:
Expenditure: 6607400-48070
66074001-48070-IE240/IE254
282
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: CANCEL THE PROCUREMENT OF POLICE VEHICLES WITH WARREN ANDERSON
DBA FRITTS FORD AND APPROVE THE PROCUREMENT OF POLICE VEHICLES WITH FAIRVIEW FORD SALES, INC.
PAGE: 2
Transfer In: Transfer Out:
283
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: CANCEL THE PROCUREMENT OF POLICE VEHICLES WITH WARREN ANDERSON
DBA FRITTS FORD AND APPROVE THE PROCUREMENT OF POLICE VEHICLES WITH FAIRVIEW FORD SALES, INC.
PAGE: 3
BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City-owned vehicles. When a vehicle is purchased, the vehicle is assigned a unit number and placed on a maintenance and eventual replacement schedule. For Fiscal Year 2024-2025, there are nine (9) Police vehicles that need to be replaced due to the ag e of the vehicles, mechanical condition and depreciation:
Unit No. 554 – 2017 Ford Interceptor Utility
Unit No. 563 – 2017 Ford Interceptor Utility
Unit No. 564 – 2017 Ford Interceptor Utility
Unit No. 579 – 2017 Ford Interceptor Utility
Unit No. 581 – 2018 Ford Interceptor Utility
Unit No. 584 – 2017 Ford Interceptor Utility
Unit No. 589 – 2018 Ford Interceptor Utility
Unit No. 590 – 2018 Ford Interceptor Utility
Unit No. 598 – 2019 Ford Interceptor Utility
Additionally, for Fiscal Year 2024 -2025, the re are four (4) Police vehicles that will be new additions to the City’s fleet:
Unit No. 543 – Ford Interceptor Utility
Unit No. 544 – Ford Interceptor Utility
Unit No. 545 – Ford Interceptor Utility
Unit No. 546 – Ford Interceptor Utility
Finance, wit h the assistance of Public Works, compiled specifications, and prepared a bid package for the thirteen (13) vehicles. On September 26, 2024, Public Works staff contacted all local dealerships and a bid notice (IFB#2024 -0031PW-FLEET) was published on the Ci ty’s PlanetBids website.
On October 17, 2024, the City received the following results:
Dealership Name Price for
(13) Vehicles
Tax and Fees
for (13) Vehicles
Total Cost for
(13) Vehicles
Warren Anderson Ford dba
Fritts Ford $538,915 $49,250.50 $588,165.50
Elk Grove Auto* $656,500 $58,759.22 $715,259.22
Fairview Ford Sales $724,074 $63,470.29 $787,544.29 *Elk Grove Auto’s submission of Dodge Durangos did not meet the City’s standardized specifications.
On December 17, 2024, the City Council approved the purchase and awarded the bid to Warren Anderson Ford dba Fritts Ford, Riverside, CA, for thirteen (13) Police Interceptor vehicles in the amount of $588,165.50. However, Warren Anderson Ford dba Fritts Ford was unable to fulfill its obligations, and declined the purchase.
ISSUES/ANALYSIS
284
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: CANCEL THE PROCUREMENT OF POLICE VEHICLES WITH WARREN ANDERSON
DBA FRITTS FORD AND APPROVE THE PROCUREMENT OF POLICE VEHICLES WITH FAIRVIEW FORD SALES, INC.
PAGE: 4
Following the withdrawal of the lowest bid, staff contacted the remaining bidders to confirm the validity of their submitted pricing. Although Elk Grove Auto, Elk Gr ove, CA, submitted the second-lowest bid, the City rejected the bid due to the proposed vehicle specifications referencing Dodge Durangos. These vehicles do not meet the City's current fleet specifications and are inconsistent with ongoing standardization efforts. Staff subsequently contacted the third-lowest bidder, Fairview Ford Sales, Inc., San Bernardino, CA, who confirmed that the original pricing provided in December remains valid and will be honored.
The difference in cost between the two dealerships is as follows:
Dealership Name Price for
(13) Vehicles
Tax and Fees
for (13) Vehicles
Total Cost for
(13) Vehicles
Fairview Ford Sales $724,074 $63,470.29 $787,544.29 Warren Anderson Ford dba
Fritts Ford $538,915 $49,250.50 $588,165.50
Total Cost Difference $185,159 $14,219.79 $199,378.79
Despite the increased difference in cost, sufficient funds remain available within the approved budget to proceed with this purchase. Therefore, staff recommends that the City Council cancel the purchase with Warren Anderson Ford dba Fritts Ford and approv e a new purchase with Fairview Ford Sales, Inc., San Bernardino, CA, for $787,544.29 for the purchase of thirteen (13) Police Interceptor Utility vehicles. All supporting documents are on file with the City’s Finance Department.
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MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Cooperative Reimbursement Agreement with the County of San Bernardino. ..end
RECOMMENDATION
..recommendation
1) Approve the establishment of a new CIP project entitled “Chino Airport Driveway Improvement Project,” R7250 with a total project budget of $163,735; 2) Approve a Cooperative Reimbursement Agreement between the City of Chino and San Bernardino County to establish reimbursement obligations for the Chino Airport Driveway Improvement Project ( R7250); 3) Appropriate $163,735 to the Transportation Fund (320), with a corresponding increase in revenue from the San Bernardino County Cooperative Reimbursement Agreement ; 4) Find the environmental determination of the project to be categorically exempt in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City; and 5) Authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Appropriate $163,735, R7250 to the Transportation Fund (320) and reimbursement revenue in the same amount from the County of San Bernardino Cooperative Reimbursement Agreement, which will be reimbursed to the City upon completion of the project.
Funding Source Appropriation
San Bernardino County Funds $163,735
Total Project Budget $163,735
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships
Revenue: 3207100 – 59500 – R7250
Expenditure: 3207100 – 48004 | 48005 | 48006 | 48008
| 48009 – R7250
Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: COOPERATIVE REIMBURSEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO.
PAGE: 2
BACKGROUND
In November of 2023, the County Board of Supervisor’s Office identified the need to construct a left-turn pocket along Kimball Avenue serving access to the Chino Airport hangar owned by San Bernardino County. This turn -pocket was identified in conjunction with the City’s efforts to provide left -turn access into the commercial center located at the southeast corner of Euclid Avenue and Kimball Avenue. Through a collaborative effort, Supervisor Curt Hagman requested the use of San Bernardino County’s American Rescue Plan Act (ARPA) allocation to fund median improvement s on Kimball Avenue. The funding request of $314,324 included the design, construction and inspection of left -turn pockets at two locations: one to serve the Chino Airport hangar; and one to serve the commercial center. On May 21, 2024, City Council approved a Cooperative Reimbursement Agreement between the City of Chino and San Bernardino County to establish reimbursement obligations for the Kimball Avenue Median Improvements Project (G7241) for $314,324. The construction of the turn pockets is complete and on April 15, 2025, City Council authorized the Director of Public Works to file the Notice of Completion for this work. The City is in the process of requesting reimbursement from the County.
Prior to construction of the turn pocket, it was brought to the County’s attention that work is required on the Chino Airport hangar property to properly utilize the requested left -turn pocket.
Currently, due to the elevation difference between the Chino Airport hangar parking lot and the newly constructed drive approach, left-turn movements are temporarily restricted. To allow this movement, additional grading and repaving of the County owned property is required. The County was not able to procure a contractor to complete the on -site work and has therefore approached the City to perform additional work on their behalf. To facilitate this request, the County has requested to enter into a Cooperative Agreement with the City of Chino to outline the responsibilities and obligations of each agency for the construction of this project.
ISSUES/ANALYSIS
Following execution of the Cooperative Reimbursement Agreement, the City will request informal bids for the agreed upon scope of work per the City’s Purchasing Ordinance. To bring the recently constructed left -turn pocket into operation, the scope of work will include on -site grading, asphalt paving, and striping within the hangar parking lot approximately 4,900 square feet in size. At the County’s request, additional scope will include removal of existing striping b y sand blasting, applying slurry seal treatment and re -striping of the customer parking area and upgrading the existing drive approach to meet current City standards.
The following table includes the projected expenditures for the project (R7250).
Chino Airport Driveway Improvement - Project Scope Estimated Cost Design $3,478
Material Testing and Special Inspections $6,923
Construction Management $11,537
Construction Contract $115,375
Construction Contract Contingencies (10%) $11,537
Total Project Estimate $148,850
Additional 10% Project Contingency Allowance $14,885
Not-to-Exceed Subtotal $163,735
287
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: COOPERATIVE REIMBURSEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO.
PAGE: 3
The City will select consultants from its on -call list for specialized geotechnical inspection, design, and construction management oversight. Upon project completion and formal acceptance, the County will reimburse the City for actual costs incurred in accordance with the agreement. The City shall obtain written authorization from the County prior to approval of any change orders, and any project costs beyond $163,735 shall be funded by the County in its sole discretion. The work is expected to be completed in late Fall 2025.
The City Attorney has reviewed and approved the Cooperative Agreement as to form. This project is categorically exempt from CEQA according to Section 15304(c) of the CEQA Guidelines. A Notice of Exemption will be filed with the San Bernardino County Clerk Recorders Office prior to start of construction.
Attachments: Exhibit A – Location Map
Exhibit B – Agreement Between San Bernardino County and City of Chino
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Standard Contract Page 1 of 25
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Board of Supervisors
Department Contract Representative Penelope Chang
Telephone Number 909-387-4886
Contractor City of Chino
Contractor Representative Michele Hindersinn
Telephone Number 760-475-9885
Contract Term 06/10/2025 – 06/09/2026
Original Contract Amount Not-to-Exceed $163,735
Amendment Amount
Total Contract Amount Not-to-Exceed $163,735
Cost Center 1024001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contra ctual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens;
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents;
WHEREAS, the County desires to provide funding to the City of Chino (Contractor) for the Chino Airport Driveway Improvement Project (Driveway Improvement Project or Services); WHEREAS, the County would like Contractor to provide these Services; WHEREAS, the County finds Contractor qualified to provide the Services which include construction of driveway access points, fence relocation, slurry coat and restriping of the Chino Airport south parking lot; WHEREAS, providing funding to Contractor for the Driveway Improvement Project serves the public purpose of promoting the health and safety of the residents of City of Chino and surrounding community by constructing Contract Number
SAP Number
290
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driveway access points, fence relocation, slurry coat and restriping of the Chino Airport south parking lot; and assists the Fourth District Supervisor with supporting the County’s vision to promote health, safety, and social service needs of County residents; and
WHEREAS, the County residents of Chino and the surrounding communities of the Fourth District will be served by the Driveway Improvement Project; and
WHEREAS, the County desires that such Services be provided by Contractor and Contractor agrees to perform these services as set forth below.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor for the Chino Airport Driveway Improvement Project.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a scope of Services to assist Contractor with funding for the construction of the Chino Airport Driveway Improvement Project that includes the following scope:
B.1.1 Pavement removal and regrading (4,900 sq. ft. of parking lot) B.1.2 New asphalt: 4" AC over 6" base
B.1.3 Restripe parking stalls
B.1.4 Remove 6-foot fence
B.1.5 Adjust private street light pedestal and rewire service B.1.6 Reconstruct driveway approach to City standard
B.1.6 Slurry seal parking lot (54,360 sq. ft.)
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of Driveway Improvement Project at 7000 Merrill Ave., Chino, CA 91710 for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.
B.3 Contractor shall provide the County all documen tation regarding the scope of Services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 291
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C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor sh all conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C.9 Compliance with County Policy
In performing the Services and while at any Count y facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contract or’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical 292
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information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Fourth District Supervisor or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract or as otherwise delegated by the Board of Supervisors, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Cont ractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
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The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
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Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County i mmediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, 295
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within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for Services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public ann ouncements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’ s request, Contractor shall provide information 296
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regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows C ounty’s reporting formats and procedures as specified by County.
C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities, C. General Contract Requirements, and G.
Indemnification and Insurance Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for its convenience, with cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services described herein. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
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C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and t he County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The in formation also includes the employment with or representation of Contractor. For purposes of th is provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County dep artment or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm , or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such i ndictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of Services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulat ory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
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C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknow ledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Reserved
C.47 Prevailing Wage Laws
By its execution of this Contract, Contractor ce rtifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.
Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
D. TERM OF CONTRACT
The Contract is effective as of June 10, 2025 and expires June 9, 2026 but may be terminated earlier in accordance with provisions of this Contract.
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The County Chief Executive Officer, at the direction of the Fourth District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of Services; d. Are in the best interests of County and Contractor in performing the scope of Services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $163,735, which includes a base contract amount of $148,850 plus 10% for possible construction cost contingences, except
as approved by County in writing as provided below in this Section F.1. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s Services and expenses incurred in the performance hereof, including travel and per diem.
F.1.1 If, after opening the bids for the Chino Airport Driveway Improvement Project, it is found that the responsive and responsible low bid amount is $163,735 or less, Contractor may award the construction contract.
F.1.2 If, on the other hand, it is found that the responsive and responsible low bid amount is over $163,735, Contractor shall not award the construction contract unless:
F.1.2.1 Contractor receives written authorization from County to proceed with the award; and
F.1.2.2 Contractor approves the award of the construction contract.
F.1.3 If the aforementioned conditions are not met for a construction contract when the bids are over $163,735, County and Contractor shall endeavor to agree upon an alternative course of action, including re-bidding the Chino Airport Driveway Improvement Project.
F.1.4 If, after sixty (60) days following the bid opening, an alternative course of action is not mutually agreed upon in writing, this Contract shall be deemed terminated by mutual consent and any funds paid by County to Contractor shall be returned within 30 days of the termination.
F.1.5 Additionally, in the event that change orders are required during the course of completing the Chino Airport Driveway Improvement Project, Contractor shall consult with County and seek County approval on all change orders. Contractor shall not approve any change orders without prior written authorization from the County.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any b illing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for Services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 25-NNN – PO 4100NNNNNN).
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Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance.
Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.
F.3 Contractor shall accept all payments from Coun ty via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract sha ll not supplant any federal, state or any governmental funds intended for Services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for whic h reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation Services, including but not limited to, the Ontario International Airport.
F.8 Except as provided in Section G.1 below, Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.
F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault 301
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of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage pr ovided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor co mmences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any 302
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premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, t he Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing Services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). 303
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d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G.11.5 Construction contracts
Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).
Subcontractor Insurance Requirements. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operations with the basic requirements identified in Section G, including indemnification and the insurance specifications for all contracts, including waiver of subrogation rights, and naming the County as an additional insured. The Contractor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.
Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project.
The insurance policy shall not have any coinsurance penalty.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
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H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Cont ractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either se rved personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Chino
8352 Kimball Ave.
Chino, CA 91708
Attn: Senior Engineer Michele Hindersinn
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), whic h signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 305
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Assistant County
Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF CHINO
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address
8352 Kimball Ave.
Chino, CA 91708
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ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates :
Pursuant to Labor Code sections 1770, et seq., the C ounty has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Californi a Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or compar able duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply wi th the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any cont ractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California L abor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors :
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Any contract entered into between a co ntractor and a debarred s ubcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contra ctor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
5. Payroll Records:
a. Pursuant to California Labor C ode section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.
The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; 307
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iv. The Contractor shall file a cert ified copy of the payroll records wi th the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll record s, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.
6. Limits on Hours of Work :
Pursuant to California Labor Code secti on 1810, eight (8) hours of labor shall constitute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of tw enty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Ca lifornia Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one -half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8. Senate Bill 854 (Chapter 28, St atutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Se nate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code se ction 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontract ors must submit certified payro ll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require C ontractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public work s project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. 308
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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Departm ent of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or bef ore July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contra ctor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or r enewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liab ility to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal , provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requi rements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Sectio n 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. 309
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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the su bcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another regi stered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to per form public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor w ho is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract wi thout having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violatio n of the registration requirement, not to exceed an aggregate penalty of eight thousand dol lars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subc ontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. 310
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(4) A subcontractor shall not be liable for any penal ties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upo n determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requeste d in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirem ents of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibit ing the use of the unregi stered contractor or the unregistered subcontractor on all public works unt il the unregistered contractor or unregistered subcontractor is registered. The stop order shal l not apply to work by r egistered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contra ctor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered co ntractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other r equirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in count y jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal subm itted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. Th is section shall also apply to the performance of any public work, as defined in this chapter, on or after J anuary 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section sha ll be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public wo rks projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish t he records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not register ed pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f ) of Section 1725.5, the unregistered contractor or subcontractor is not requi red to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collectiv e bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”
B. STATE PUBLIC WORKS APPR ENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance wi th Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contrac t; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journey man hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of t he Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or tr ade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.
Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and writt en apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Sc ope of Work. The employment and training of each apprentice shall be in accordance wi th the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award inform ation when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project— it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to trai n apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentic es (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see 312
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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contract or performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.
This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for ma king a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from thei r initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (w hen requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for su bmittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit t heir contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply wi th California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS- 142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprieto r license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable cra fts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private pr oject not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the disc retion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship , exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month pe riod in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Tr ade is replacing at least one-thi rtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work perf ormed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual ap plications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Co de section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
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MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER COMSTOCK
SUBJECT
..titl e
Community Support Fund – Council Member Comstock.
..end
RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to Rancho Del Chino Rotary Club. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2024-25 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2031
Transfer In: Transfer Out:
315
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER COMSTOCK.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Comstock rec ommends that the City Council approve the following contribution:
Rancho Del Chino Rotary Club - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.
By approving this contribution, Rancho Del Chino Rotary Club will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Comstock, staff recommend that the City Council approve the community support contribution to Rancho Del Chino Rotary Club.
316
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: MAY 20, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER FLORES
SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end
RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to Rancho Del Chino Rotary Club, $250 to Soroptimist International of the Chino Valley, and $250 to Kiwanis Club of Chino for the Corn Feed Run.
..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2024-25 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
317
CITY COUNCIL MEETING DATE: MAY 20, 2025
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Coun cil approve the following contribution:
Rancho Del Chino Rotary Club - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.
Soroptimist International of the Chino Valley - $250: Seeks to empower woman and girls by providing a number of educational opportunities, programs, and resources Kiwanis Club of Chino (Corn Feed Run) - $250: The Kiwanis Club is dedicated to serving the Chino community through various service and fundraising projects.
By approving these contributions, these groups will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contributions to Rancho Del Chino Ro tary Club, Soroptimist International of the Chino Valley, and Kiwanis Club of Chino (Corn Feed Run).
318