Contract No.: 2021-056
Approval Date: 5|19/20 #5
SUBDIVISION IMPROVEMENT AGREEMENT
between
CITY OF CHINO
and
RICHLAND VENTURES, INC.
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
RICHLAND VENTURES, INC.
Agreement Date: May 19th , 2020
Subdivider Name: RICHLAND VENTURES, INC. (hereinafter "Subdivider) Subdivision Description: Parcel Map No. 19756 - Subdivider owns that certain real property consisting of approximately 72.77 acres (21 buildable parcels) generally located between Kimball and Bickmore Avenues at Mayhew Avenue (APN: 1055-101-02, 1055-111-03, 1055- 121-01, 1055-231-01 & 02, 1055-541-01 & 02) in the City of Chino, County of San Bernardino, California (hereinafter "Subdivision")
Estimated Total Cost of Improvements: $11,889,300.00
Estimated Total Cost of Monumentation: $28,000.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: SNN4010251
Surety: Nationwide Mutual Insurance
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Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Christopher L. Magdosku RICHLAND VENTURES, INC.
City Engineer
[email protected] Craig Cristina, Senior Vice President [email protected]
13220 Central Avenue
Chino, CA 91710 3161 Michelson Drive, Ste. 425
Irvine, CA 92612
(909) 334-3417
(949) 439-0525
CITY PROJECT INSPECTOR SURETY
Isaac Ortega Nationwide Mutual
Permit & Inspection Supervisor Insurance Company
[email protected]
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
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TABLE OF CONTENTS
1. Construction Obligations
Works of Improvement
Other Obligations Referenced in Conditions of Tentative Map Approval Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
No Warranty by City
Authority of the City Engineer
1.10 Documents Available at the Site
Inspection
1.12 Compliance with Law; Applicable Standards for Improvements Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
Vesting of Ownership
1.17 Subdivider's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
Commencement and Completion Dates
Phasing Requirements
Force Majeure
Continuous Work
2.5 Reversion to Acreage
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
Required Security
Form of Security Instruments
Subdivider's Liability
Letters of Credit
Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 01225.0006/369377.1
Subdivider Responsible for All Related Costs of Construction Payment to City for Cost of Related Inspection and Engineering Services Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Subdivider
8.2 Remedies
8.3 Notice of Violation
8.4 Remedies Not Exclusive
8.5 Attorney's Fees and Costs
8.6 Waiver
9. Indemnity/Hold Harmless
10. Subdivider's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
Successors and Assigns
No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Subdivider is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 1gth day of May, 2020, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ('CITY"), and RICHLAND VENTURES, INC., a California Corporation (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Parcel Map No. 19756, (the "Map"), located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
City for public use of the strets and ease Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Parcel Map No. 19756 for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit "B" attached hereto (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 01225.0006/369377.1
1 specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $11,889,300.00
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Parcel Map No. 19756 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 01225.0006/369377.1
2 agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work pertormed, and all questions as to the satistactory and acceptable fulfilment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfili this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted
1.12. Compliance with Law: Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01225.0006/369377.1
3 Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider's contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
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4 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements. Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans (Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as 01225.0006/369377.1
5 the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), outs, a of vo fa required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
Labor
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth 01225.0006/369377.1
6 herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider's contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker's Compensation Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $11,889,300.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, and other persons furnishing labor, material:
andcor equipment Labor and Materials Security Instrument) with respect to the Works of Improvement in an amount equal to 01225.0006/369377.1
7 $5,946,700.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $28,000.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $1,188,900.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the Cit Enaineer of the City that Subdivider i: in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. 01225.0006/369377.1
8 (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of in accordance with Section 2.1 (other than
Instruments of Credit, which shall have no detined term or (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.
4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. 01225.0006/369377.1
9 (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the 01225.0006/369377.1
10 Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3.40 and 3.45.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting ali offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider's failure to timely complete construction of the Works of Improvement;
01225.0006/369377.1
(c) Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and may complete the Works of Improvement using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.
Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8.4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.5. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by 01225.0006/369377.1
12 City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including | all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.
Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsibie for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardiess of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the 01225.0006/369377.1
13 intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
01225.0006/369377.1
14 Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General (c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
This policy shall provide coverage for Workers' Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) "The City of Chino, its officers, employees and agents are hereby added as additional insureds."
(ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
(iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." 01225.0006/369377.1
15 (iv) "Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and
Employers' Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the 01225.0006/369377.1
16 California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this 01225.0006/369377.1
17 Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement. 01225.0006/369377.1
18 13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
Authority. The persons executing this Agreement on behalf of the parties warrant the (1) party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (i) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
01225.0006/369377.1
19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney
Director of Development Services
RICHLAND VENTURES, INC.
By:_
(Signature and Date)
John C. Troutman
Name:
(Plead gelor plit hame)
Title:
(Please type or print title)
CITY OF CHINO
Wilhet
Matthew Ballantyne, City Manager
Dated: 7.21.20
ATTEST:
Cel Rob
Angela Robles, City Clerk
Dated: 7. 27: 2020
01225.0006/369377.1
20 DocuSign Envelope ID: 458CBCCD-6A05-48AF-A36D-9B76D4816FEB IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
- DocuSigned by:
Nowar
Fred Galante Tely Attorney Nicholas S. Liguori, AICP
Director of Development Services
RICHLAND VENTURES, INC.
By: (signature and Date)
Name:
(Plots Troutinaname
Title: Vice President
(Please type or print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
Angela Robles, City Clerk
Dated:
01225.0006/369377.1
20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of orange
On May 15, 2020 before me, Pamela Alongi, Matery Public Date Here Insert Name and Title of the Officer
John C. Troutmar
personally appeared
Name(p) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persong) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(st, or the entity upon behalf of which the persong) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
PAMELA ALONGI
Notary Public - California on
Orange County Signature
Commission # 2230200 Signaturaot Notary Pubil
My Comm. Expires Mar 2, 2022.
Place Notary Seal Above
— OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A"
PARCEL MAP 19756
LOCATION MAP
PROJECT
SITE
EUCLID AVE
MAYHEW AVE
BICKMORE AVE-
-BOTANKST
CHANNEL VIEW ST
01225.0006/369377.1 A-1
EXHIBIT "B"
PARCEL MAP 19756 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system (City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping (plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225.0006/369377.1 B-1
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE Reviewed by
Lilia Guerrero, ERSC, Inc.
PROJECT NO: PM 19758 April 30, 2020
LOCATION: BICKMORE AVENUE
PROACTIVE ENGINEERING NO FURTHER COMMENTS
By:
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
LS Traffic Control (5% of construction cost) 5% S 32,719.76 LS Clear & Grub Site (5% of construction cost) 5% $ 32,719.76 EA Tree Removal. 800.00, $
CY Concrete Removal 300.00 $
214 CY AC Pavement Removal $ 100.00 $ 21,400.00
LS. Excavation (Clean Material) (5% of Construction Cost) 5% $ 32,719.76 CY Imported Common Fill (Inc). Compaction): 34.00
29764 SF Preparation of Subgrade 1.00 29,764.00
V 1100 LF PCC 8" Curb & 24" Gutter $ 23.00 25,300.00
LF PCC Curb Only.. 20.00 $
LF 8" A.C. Berm $ 20.00 $
918 •SF 8" PCC Cross Gutter: 11.00 10,098.00
V 9500 SF 4" PCC Sidewaik $ 5.80 $ 55,100.00
SF 6" PCC Thick Drive Approach $ 7.40
1110 SF 8' PCC Thick Drive Approach $ 9.00 $ 9,990.00
LF 2'x6" Redwood Header 5.00 S
EA Street Sign. $ 475.00 $
EA Traffic Sign and Post $ 400.00
EA Reflector Sign and Post $ 175.00 S
EA Painted Legend $ 6.50 $
SE Prime or Tack Coat 0.05 $
TON AC Variable - <300T 90.00
6701 TON AC Variable - >300T 1s 80.00 S 53,600.00
EngCostEstimate Page 1 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
TON CAB Variable - <300T $ 75.00 $
1201 TON CAB Variable - >300T 65.00 S 78.065.00
10| EA Adjust Sewer Manhole to Grade 665.00 $ 6,650.00
LS Mobilization 5% 5. 32.719.76
EA Adjust Sewer Cleanout to Grade 350.00 S =
EA Adjust Water Valve to Grade 265.00 795.00
9 EA Street Light (City Owner) 6,700.00 60,300.00
EA Lot Monument Setting Fee. 550.00
LF Sawcut A.C. 3.00 $
LF Sawcut Concrete 3.00 $
V 9901 SF Cold Plan A.C (5 foot wide) 0.28| 277.20
LE Signing & Striping for
Arterial $ 19.00 | 5.
V 1322 Collector $ 13.00 $ 17,186.00
Local 7.00 | S
1 EA Traffic Signal (8 - Phase Controller) $ 250,000.00 S 250,000.00 EA Modify existing Traffic Signal per Quadrant 50,000.00| S Chain Link Fence.
i foot Residential Grade (Add $7.00/LF for Remova
$ 25.00 $
of to carence (Ad 59.00/LF for Removal of
Existing Fence). $ 35.00 $
EA Utility Poles
Transmission 11.500.00 S
Distribution 8,000.00 $
Service 3,000.00 | s
EngCostEstimateR Page 2 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit. Total Cost
Price Per Item
STREETS
Landscape (including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) $ 10.00 5.
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter & Pavement. 300.00 S
Rail Road Crossing.
Safety Equipment (Complete Including Crossing
LS Gates. Signs, and Lights) $ 400,000.00 $
SE Track Crossing (Concrete) $ 150.00 $
Approach 2.25 $.
2 EA 13 S.W. Ramps (A.D.A. Compliant) $ 10,000.00 $. 20,000.00 21, EA Traffic Signai Loops 400.00 $ 8,400.00
3 EA Construct Local Depression S 2,000.00 6,000.00
48 LF Redwood Header 2,50 $ 120.00
18 SE Cobble Paving $ 75.00 $ 1,350.00
STREET SUBTOTAL 785,274.24
PROJECT ADDITIVES Project Contingencies 10% 78-527.42
Construction Staking 3% 3 23,558.23
Soils Testing 1% S 7.852.74
Material Testing 1% 7,852.74
Construction Inspection 2% 15,705.48
Contract Administration 21% $ 7,862.74
GRAND TOTAL STREETS ONLY .926,623.60
EnCostEstimate Page 3 of 13 Effective Date: January 1. 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LS Traffic Control (5% of Construction Cost) 5% S
LE Trench Support/Shoring (6 foot depth) $ 15.00 S
CY Pipe Bedding (Imported) $ 45.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60.00
8" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. 75.00 $
10" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 80.00 $
12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration. 90.00 $
16" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 105.00
EA 6" Gate Vaive 1,500.00
EA 8 Gate Valve $ 2,000.00 S
EA 10" Gate Valve $ 2,400.00 S
EA 12" Gate Valve 2.800.00. S
EA 16" Gate Valve $ 3,500.00 $
EA Fire Hydrant Assembly per City Std. 7.500.00. 5
EA Blow-off Assembly 6" per City Std. $ 4,500.00 S
EA 2" Air Relief Assembly $ 1,500.00 S
EA 1" Water Service/Meter 3,500.00 $
EA 2" Water Service/Meter 4,500.00 S
EnaCostEstimate Page 4 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingencies 10% S
Construction Staking 3%
Soils Testing 1%
Material Testing 1% ES
Construction Inspection 2%LS
Contract Administration 1% S
GRAND TOTAL WATER ONLY $
EngCostEstimate Page 5 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LS. Traffic Control (5% of Construction Cost) 5% $
Trench Support/Shoring (6 foot depth) 15.00
CY Pipe Bedding (Imported) $ 45.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 60.00$
g" Pipe & Fittings Installed, including excavation, bedding, LE. backfill and pavement restoration. 75.00
10" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 80.00 $
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 90.00 $
18" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105.00
EA 6" Gate Valve S 1,500.00
EA 8" Gate Valve $ 2,000.00 $
EA 10% Gate Valve 2,400.00 $
EA 12" Gate Valve 2,800.00 $
EA 16" Gate Valve -3,800.00, S
EA Fire Hydrant Assembly per City Std. 7,500.00 $
EA Blow-off Assembly 6" per City Std. $ 4,500.00 | S
EA 2" Air Relief Assembly.. 4,500.00 S
EA 1 Water Service/Meter $ 3,500.00 S
EA 2" Water Service/Meter 4,500.00 5.
EngCostEstimate Page 6 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19766
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per item
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingencies *10%
Construction Staking 23%
Solls Testing 1% S
Material Testing 1% 3
Construction Inspection 2% S
Contract Administration 11% S
GRAND TOTAL RECYCLED WATER ONLY $
EnaCostEstimate Page 7 of 13 Effective Date: January 1. 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
V 1 LS Traffic Control (5% of Construction cost) 5% S 6.196.10 670 LF Trench Support/Shoring S 15.00 S 10,050.00
g" V.C.P. Installed, including excavation, bedding, backfill 20 LF and pavement restoration 92.00 S 1,840.00
10" V.C.P. Installed, including excavation, bedding,
LF. backfill and pavement restoration $ 98.00 $
12 V.C.P. installed, including excavation, bedding,
V 658 LF. backfill and pavement restoration 104.00 $ 68.432.00 15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 110.00 S
18" V.C.P. installed, including excavation, bedding.
LE backfill and pavement restoration 140.00, $
21" V.C.P. installed, including excavation, bedding,
LF backfill and pavement restoration 150.00 $
24" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration 170.00 S
EA Sewer Saddle 450.00 $
EA Wyes 4"x 8" Typical 225.00 $
2 EA 48" Sewer Manhole 5,000.00, $ 10,000.00
EA 60" Sewer Manhole $ 6,400.00 S
1 EA Sewer Cleanout. 1.800.00 S 1,800.00
V 1 EA Install PVC Plug 200.00 S 200.00
EA Remove Existing 12" PVC Stub 1,200.00 5 9,600.00
85 CY Concrete Encasement $ 200.00 S 17,000.00
2 EA Safety Ledge $ 2,500.00 $ 5,000.00
EnCostEstimate Page 8 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit item Unit Total Cost
Price Per Item
SEWER
SEWER SUBTOTAL $ 130,118.10
PROJECT ADDITIVES Project Contingencies 10% S 13.010.81 Construction Staking 3% 3.90354
Soils Testing, 11% LS 1301.18
Material Testing.., 1% $ 1.302186
Construction Inspaction 2% S 2,602.36
Contract Administration 1% S 1301-18
GRAND TOTAL SEWER ONLY $ 153,539.36
EngCostEstimate Page 9 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LS Traffic Control (5% of Construction Cost) 5% S. 9,272.50 LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 S
_ LF 27" × 43" C.M.P.A (10 Gauge) $ 250.00 $
V 3 EA Storm Drain Manhole #1 $ 5.000.00 $. 15,000.00
EA Junction Structure #2 (24" or larger).. $ 4,400.00 S V 31 EA Junction Structure #4. (24" or smaller) $ 2,500.00 S 7,500.00 EA. Outlet Structure $ 5,000.00 $
2 EA Catch Basin 3.5' Width $ 5,500.00 11,000.00
V 1 EA Catch Basin 7' Width/L.D S. 6,100.00 $ 6,100.00
EA Catch Basin 10' Width/L.D. 7,000.00 s
EA Catch Basin 14' Width/L.D. 8,000.00 S
EA Catch Basin 21' Width/L.D. 10,000.00 5
18 inch RCP Installed, including excavation, bedding,
119 LE backfill and pavement restoration $ 130.00 $ 15,470.00 24 inch RCP Installed, including excavation, bedding,
297 LF backfill and pavement restoration 150.00 | S 44.550.00 27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 160.00 $
30 inch RCP Installed, including excavation, bedding,
LF bachel and anemen, espraig excavation, bedding, 175.00 s LF ackfill and pavement restoration. $ 190.00 $
5 inch RCP installed, including excavation, bedding
V 342 bachel and anemies, islorang excavation, bedding. $ 240.00 $ 82.080.00 LE b2icu an avered, ingoraig excavation, bedding. $ 260.00 S LF backfill and pavement restoration. $ 275.00 / s
EngCostEslimate Page 10 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
LF backill and pavement restoration 280.00 $
48 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration S 300.00 S =
51 inch RCP installed, including excavation, bedding,
LE backfill and pavement restoration $ 325.00 $
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 350.00 $
60 inch RCP installed, including excavation, bedding,
LE backfill and pavement restoration $ 360.00 S
63 inch RCP Installed, including excavation, bedding,
LF backfil and pavement restoration $ 370.00 S
66 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration 400.00 S
72 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 460.00 S
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 470.00 $
81 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 490.00 S
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $. 510.00 $
90 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 540.00 |5
96 inch RCP Installed, including excavation, bedding,
_LE. backfill and pavement restoration 570.00 S
702 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 610.00 S
108 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration 640.00 S
7 × 6' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 700.00 S
7'× 8.5 RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 820.00 S
7'x9.5 RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 870,00
8' x 11' RCB Installed, including excavation, bedding,
LE. B til and Baseman, adorati cavalin, beding. 1,000.00 S LF 1,100.00 S
backfill and pavement restoration $ 1,000.00 S
9' × 12 RCB Installed, including excavation, bedding,
LF backfill and pavement restoration 1,100.00 S
3 EA Concrete Bulkhead $ 750.00 S 2,250.00
11 EA Remove Existing Bulkead and Join 1,500.00 $ 1,500.00 EngCostEstimate Page 11 of 13 Effective Date: January t, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
STORM DRAIN SUBTOTAL 194,722.50
PROJECT ADDITIVES Project Contingencies 10% S 1947225
Construction Staking 3% 5.840-682
Soils Testing LS 1947.23
Material Testing. :1% 1.947.23
Construction Inspection 2% S 3:894.45
Contract Administration 1947.23
GRAND TOTAL STORM DRAIN ONLY $ 229,772.55
EngCostEstimate Page 12 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19766
LOCATION: BICKMORE AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER'S ESTIMATE GRAND TOTAL $ 1,309,935.51
BY ENGINEER
Prepared By: GLENN BUDD
R.C.E. Number: 58411
Expiration: 12/31/2020
Eg.(2/3/c
then STATE OF CNIL. ORNIA 3
Place R.C.E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cost) 1,309,900.00 Labor & material Bond (50% of Construction Cost) $ 655,000.00 Warranty Bond (10% of Construction Cost) 131,000.00
EngCostEstimate Page 13 of 13 Effective Date: January 1, 2016 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
Reviewed by
LOCATION: KIMBALL AVENUE (EucHd Avenue to Rincon Meadows Avenue) Lilia Guerrero, ERSC, Inc.
By: PROACTIVE ENGINEERING 04/30/2020 4:39:01 PM
DATE: 406/2020 NO FURTHER COMMENTS
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
LS Traffic Control (5% of construction cost) 133.729.86 LS Clear & Grub Site (5% of construction cost) 5% 5 133,729.86 EA Tree Removal. 800.00
CY Concrete Removal 300.00 $
1870 CY AC Pavement Removal $ 100.00 $ 187.000.00
LS Excavation (Clean Material) (5% of Construction Cost) 5% S 133,729.86 CY Imported Common Fill (Inci. Compaction) $ 34.00 S
V 192901 SF Preparation of Subgrade 1.00 S 192,901.00
6175 LF PCC 8" Curb & 24" Gutter 23.00 $ 142,025.00
6470 LE PCC Curb Only (8" Median) 20.00 129,400.00
75 LE. PCC 4". Type D Curb $ 15.00 $ 1.125.00
201 LE 4" to 8" Curb Transition. $ 20.00 400.00
LF 8" A.C. Berm 20.00
SF 8" PCC Cross Gutter $ 11.00
V 24800 4"PCC Sidewalk 5.80 $ 143,840.00
SF 6" PCC Thick Drive Approach $ 1.40 s
V 1055 SF 8" PCC Thick Drive Approach 9.00 S 9,485.00
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend 6.50 $
SF Prime of Tack Coat 0.05 $
TON AC Variable - <300T $ 90.00S.
V 6000 TON AC Variable - >300T $ 80.00 480,000.00
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
TON CAB Variable - <300T 75.00 $
V 9387 TON CAB Variable - >300T 65.00 $ 610,155.00
22 EA Adjust Sewer Manhole to Grade 665.00 S 14,630.00
1 LS Mobilization 5% $ 133,729.86
EA Adjust Sewer Cleanout to Grade 350.00 S
16 EA Adjust Water Valve to Grade 265.00 S 4,240.00
17 EA Street Light (City Owner) S 6,700.00 S 113.900.00 EA Street Light Double Head (City Owner) $ 10,500.00 $ 73.500.00 LF Sawcut A.C. 3.00$
LF Sawcut Concrete 3.00 s
V 14965 SE Cold Plan A.C (5 foot wide) $ 0.28 $ 4,190.20 LF Signing & Striping for
Arterial 19.00 S
V 4292 Collector $ 13.00 $ 55,796.00
Local $ 7.00 S
EA Traffic Signal (8 - Phase Contoller) $. 250,000.00 S 500,000.00 EA Modify existing Traffic Signal per Quadrant 50,000.00 S Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Remova
of Existing Fence) 25,00 S
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00 $
EA Utility Poles
Transmission $ 11,500.00 5
Distribution $ 8,000.00 $
Service 3,000.00 $
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Eurtid Avertue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection SF to Existing Systems) $ 10.00 S
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter & Pavement $ 300.00 | S
Rail Road Crossing
Safety Equipment (Complete Including Crassing
LS Gates, Signs, and Lights) $ 400,000.00 $
SE Track Crossing (Concrete) 150.00 $
SF Approach $ 2.25 $
•EA S.W. Ramps (A.D.A. Compliant) 4,000.00
30 EA Traffic Signal Loops $ 400.00 12,000.00
STREET SUBTOTAL $ 3.209.516.64
PROJECT ADDITIVES Project Contingencies 10% $ 320,951.66 Construction Staking 3% 96 285.50
Soils Testing. 1% 32.095.17
Material Testing. 1% 32.09517
Construction Inspection 2% 2$. 64190.38
Contract Administration 1% LS 32.095.17
GRAND TOTAL STREETS ONLY 3,787,229.64
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenua to Rincon Meadows Avenue) Bỳ: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LS Traffic Control (5% of Construction Cost) 5% 5
LF Trench Support/Shoring (6 foot depth) 15.00 $
CY Pipe Bedding (Imported) 45.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfilt and pavement restoration 60.00 S
8" Pipe & Fittings Installed, inciuding excavation, bedding, LF backtill and pavement restoration. 75.00 :
10" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 80.00
12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 90.00 $
16" Pipe & Fittings Installed, including excavation,
LE bedding, backfill and pavement restoration $ 105.00 $ EA 6" Gate Valve 1,500.00 5
EA 8" Gate Valve $ 2,000.00
EA 10" Gate Valve $ 2.400.00 I$
EA 12" Gate Valve $ 2,800.00 S
EA 16" Gate Valve $ 3,500.00 $
EA Fire Hydrant Assembly per City Std. $ 7,500.00, $
EA Blow-off Assembly 6" per City Std. 4,500.00 S
EA 2" Air Relief Assembly (Relocate) $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 S
EA 2" Water Service/Meter 4,500.00 $
EA 12'X12"X8" DI Tee 475.00 | S
EA 12' DI 22.5° Bend $ 250.00 S
EA 8" Pipe End Plug 300.00 $
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19758
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingencies 10% S
Construction Staking 3% 1S
Soils Testing 1% S
Material Testing. 1245
Construction Inspection 2%
Contract Administration $
GRAND TOTAL WATER ONLY
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avanue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
1 LS Traffic Control (5% of Construction Cost). 5% $ 21,075.75 LF Trench Support/Shoring (6 foot depth) $ 15.00 S
Pipe Bedding, (Imported) $ 45.00 $
6" Pipe & Fittings installed, including excavation, bedding, LE backfill and pavement restoration $ 60.00 $
8" Pipe & Fittings Installed, including excavation; bedding, LE backfill and pavement restoration. 75.00
10" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration. 80.00 $
12" Pipe & Fittings Installed, including excavation,
bedding, backfil and pavement restoration 90.00 $
18" Pipe & Fittings Installed, including excavation,
3563 LF bedding, backfill and pavement restoration $ 105.00 S 374.115.00 EA 6" Gate Valve $ 1,500.00 $
EA 8" Gate Valve $ 2,000.00 $ -
EA 10" Gate Valve $ 2,400.00
EA 12" Gate Valve $ 2,800.00 $
EA 18" Gate Valve 3.800.00 $
3 EA 18" Butterfly Valve 3,000.00 9,000.00
1 EA Blow-off Assembly 6" per City Std. $ 4,500.00 4,500.00 EA 2" Air Relief Assembly $ 4,500.00 S 4,500.00
EA 1" Water Service/Meter $ 3,500.00 $
V 2 EA 2" Water Service/Meter 4,500.00 S 9,000.00
2 EA 18" DI 22.5° Bend $ 500.00 $ 1,000.00
1 EA 12" x 18" Reducer $ 1,500.00 S 1,500.00
V 40 LF 36" Steel Pipeline Casing 200.00 S 8,000.00
2 EA 2" Backflow Prevention Assembly 4,950.00 $ 9,900.00 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per item
RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 442,590.75
PROJECT ADDITIVES Project Contingencies 10% S 44.259.08 Construction Staking. :3%S 813 277272
Solls Testing 41% 4.425.91
Material Testing 1% $ 4.425.91
Construction Inspection 2% 8.851.82
Contract Administration 11% 4425.91
GRAND TOTAL RECYCLED WATER ONLY 522,257.09
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit item Unit Total Cost
Price Per Item
SEWER
LS Traffic Control (5% of Construction cost) 5% S
Trench Support/Shoring $ 15.00 | s
8" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $ 92.00 S
10" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 98.00 S
12" V.C.P. installed, including excavation, bedding,
LF backtil and pavement restoration $ 104.00 $ -
15" V.C.P. Installed, including excavation, bedding.
backtill and pavement restoration 110.00 $
18" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration 140.00 $
21" V.C.P. Installed, including excavation, bedding
LF. backfill and pavement restoration $ 150.00 $
24" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 170.00
EA Sewer Saddle 450.00 $
EA Wves 4" × B" Typical. $ 225.00$
EA 48" Sewer Manhole 5,000.00
EA 60" Sewer Manhole 6,400.00 S
EA Sewer Cleanout 1,800.00 S
EA Remove Existing 6" PVC Pipe 40.00 $
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Eucild Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
SEWER SUBTOTAL $
PROJECT ADDITIVES Project Contingencies 10% S
Construction Staking 3% 6
Solls Testing. 19 S
Material Testing 1% S
Construction Inspection 2%
Contract Administration 1% S
GRAND TOTAL SEWER ONLY
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LS Traffic Control (5% of Construction Cost) 5% S 20,899.50 LF 24" X 36" C.M.P.A. (10 Gauge) 230.00 S
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $
8 EA Storm Drain Manhole #1 $ 5,000.00 40.000.00
EA Junction Structure #2 (24" or larger) 4,400.00
EA Junction Structure #4 (24" or smaller) 2,500.00 $
EA Outlet Structure $ 5,000.00
V 3 EA Catch Basin 3.5' Width 5,500.00 16,500.00
EA Catch Basin 7' Width/L.D. $ 6,100.00 S 12,200.00
- EA Catch Basin 10: Width/L.D. $ 7,000.00 14.000.00
EA Catch Basin 14' Width/L.D. 8,000.00 S
EA Catch Basin 21' Width/L.D 10,000.00 S
18 inch RCP Installed, including excavation, bedding,
V 258 LF backtill and pavement restoration $ 130.00 S 33,540.00 24 inch RCP Installed, including excavation, bedding,
2005 LF backtil and pavement restoration $ 150.00 S 300,750.00 27 inch RCP Installed, including excavation, bedding.
LF $ 160.00 S
LF 98 nich aCP ansated Including excavalion, beding. 175.00 5 LF backfill and pavement restoration 190.00 S
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00 $ .
39 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration 260.00 S
42 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration $ 275.00 s
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 280.00
48 inch RCP installed, including excavation, bedding,
backtill and pavement restoration 300.00 | $
51. inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 325.00 $
54 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 350.00 $
60 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 360.00 S
63 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 370.00 S
66 inch RCP installed, including excavation, bedding,
LF backtil and pavement restoration $ 400.00 5.
72 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration 460.00 $
78 inch RCP Installed, including excavation, bedding,
LE backfill and pavement restoration $ 470.00 S
81 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration $ 490.00 $
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 510.00 S
90 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration 540.00 S
96 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration. 570.00 $
102 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration 610.00 S
108 inch RCP Instailed, including excavation, bedding,
LF backfill and pavement restoration 640.00S.
7'× 6' RCB Installed, including excavation, bedding,
LF 700.00 $
LE Tails and pavement, estring excavation, beding. $ 820.00 S LF backfill and pavement restoration 870.00 $
8'x 11' RCB installed, including excavation, bedding
LF. backfill and pavement restoration 1,000.00 s
8'x 13 RCB Installed, including excavation, bedding,
LF backtill and pavement restoration 1,100.00 S
9'x 9' RCB Installed, including excavation, bedding,
LE backfill and pavement restoration. $ 1,000.00 $
9' x 12 RCB instaled, including excavation, bedding,
LF $ 1,100.00 S
4 x6i cd pavaren, restra excavation, bedding.
LF. backfill and pavement restoration 680.00 $
V 2L EA Construct Concrete Collar $ 500,00 IS 1,000.00
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
STORM DRAIN SUBTOTAL $ 438,889.50
PROJECT ADDITIVES Project Contingencies 10% 43,888.95
Construction Staking :3% 19.166.693
Solls Testine. 1% 4888.90
Material Testing *1%: 4388.903
Construction Inspection 2% 8721.79
Contract Administration 1% IS 4,388.90
GRAND TOTAL STORM DRAIN ONLY $ 517,889.61
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: KIMBALL AVENUE (Euclid Avenue to Rincon Meadows Avenue) By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER'S ESTIMATE GRAND TOTAL $ 4,827,376.33
BY ENGINEER
Prepared By: GLENN BUDD
R.C.E. Number: 58411
Expiration: 12/31/2020
No.50412
* *
CUL
STATE
34123
Place R.C.E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cost) 4,827,400.00 Labor & material Bond (50% of Construction Cost) 2,413,700.00 Warranty Bond (10% of Construction Cost) $ 482,700.00
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
Reviewed by
PROJECT NO: PM 19756 Iguerrero, ERSC
on 05/04/2020 at 2:06:50 PM
LOCATION: MAYHEW AVENUE
NO COMMENTS
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
LS Traffic Control (5% of construction cost) 5% $ 64,849.00 LS Clear & Grub Site (5% of construction cost) 5% 5 64,849.00 EA Tree Removal 800.00 S
CY Concrete Removal $ 300.00 S
CY AC Pavement Removal $ 100.00 $
LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 64,849.00 CY Imported Common Fill (Incl. Compaction) $ 34.00 $
V 101839 SF Preparation of Subgrade $ 1.00 | $ 101.839.00 4767 LF PCC 8" Curb & 24" Gutter 23.00 S 109.641.00
LF PCC Curb Only 20.00 $
LE 8" A.C. Berm 20.00 S
SF 8" PCC Cross Gutter 11.00 $
V 41790 SE 4% PCC Sidewalk 5.80 S 242,382.00
8" PCC Thick Drive Approach $ 7.40 $
V 14187 SF 8" PCC Thick Drive Approach 9.00 $ 127,683.00 LF 2"x6" Redwood Header $ 5000 S
EA Street Sign $. 475.00 S
EA Traffic Sign and Post 400.00 $
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend 6.50
SF Prime or Tack Coat 0.05 S
TON AC Variable - ≤300T $ 90.00 S
V 2462| TON AC Variabie - ≥300T $ 80.00 196,960.00
.....
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per item
•STREETS
TON CAB Variable - <300T $ 75.00
V 4414 TON CAB Variable - >300T $ 65.00 S 286,910.00
V 23) EA Adjust Sewer Manhole to Grade 665.00 $ 15,295.00 LS Mobilization 5% $ 64,849.00
EA Adjust Sewer Cleanout to Grade $ 350.00 $
28 EA Adjust Water Valve to Grade 265.00 $ - 7,420.00
18 EA Street Light (City Owner) $ 6,700.00 $ 120,600.00 EA Lot Monument Setting Fee 550.00
LF Sawcut A.C. 3.00
Sawcut Concrete 3.00 $
Cold Plan A.C (5 foot wide) $ 0.28) $
LF Signing & Striping for
Arterial. 19.00 $
2450 Collector 13.00 $ 31,850.00
Local $ 7.00 $
EA Traffic Signal (8 -Phase Controller) $ 250,000.00 S
EA Modify existing Traffic Signai per Quadrant 50,000.00 LF Chain foot Residential Grade (Add $7.00/LF for Removal (Existing Fence 25.00 S
foot School fence (Add $9.00/LF for Removal c
Existing Fence) 35.00 | s
EA Utility Poles
Transmission 11,500.00 S
Distribution $ 8,000.00 $
Service 3,000.00 / s
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection SF 10 ExulneSian ms) andscape, Irigation, Lighting, 10.00 $ Hardscape, Curb. Gutter & Pavement. 300.00 $
Rail Road Crossing
Safety Equipment (Complete Including Crossing
LS Gates, Signs, and Lights) $ 400,000.00 $
SF Track Crossing (Concrete) 150,00
SF Approach 2.25 $
V EA 13' S.W. Ramps (A.D.A. Compliant) $ 10,000.00 50,000.00 1 EA 5' S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 4,000.00 EA Traffic Signal Loops 400.00 $
32 SF Cobble Paving: $ 75.00 2,400.00
STREET SUBTOTAL $ 1.556,376.00
PROJECT ADDITIVES Project Contingencies 10% S 155,637.60 Construction Staking 3% S 46 691.28
Soils Testing 1% S 15 563.76
Material Testing *1% 15.56376
Construction Inspection 2% 31-127.52
Contract Administration 1% $ 15,563.76
GRAND TOTAL STREETS ONLY $ 1,836,523.68
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
V LS Traffic Control (5% of Construction Cost) 5% $ 20,142.25 LF Trench Support/Shoring (6 foot depth). 15.00 S
4" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 50.00 S
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60.00 $ 4,560.00
8" Pipe & Fittings Installed, including excavation, bedding, 171 LF backfill and pavement restoration. 75.00 S 12,825.00 10" Pipe & Fittings Installed, including excavation,
106 LF bedding, backfill and pavement restoration 80.00 S 8,480.00 12" Pipe & Fittings Installed, including excavation,
V 2477 LF bedding, backtil and pavement restoration.... $ 90.00 222,930.00 16" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 105.00
EA 8" Gate Valve $ 2,000.00 10.000.00
2 EA 10" Gate Valve $ 2,400.00 s 4,800.00
EA 12" Butterfly Valve $ 2,800.00 $
16 EA 12" Gate Valve 2,800.00 $ 44,800.00
EA Fire Hydrant Assembly per City Sid 7,500.00 S 67,500.00 EA Blow-off Assembly 6" per City Std. $ 4,500.00 S -
1 EA 2" Air Relief Assembly $ 4,500.00 S 4.500.00
EA 1" Water Service/Meter $ 3.500.00 $ -
2 EA 6" Water Service/Meter $ 6,500.00 S 13,000.00
V 1 EA 12"X12"X12" DI Tee $ 600.00 $ 600.00
EA 12'X12"X8" DI Tee. $ 475.00J s 1,900.00
V 2 EA 12" DI 22.5° Bend $ 250.00 $ 500.00
EA Pipe End.... $ 300.00 S 1.800.00
1 EA 12'X12"X12"X12" DI Cross 800.00 $ 800.00
2 EA 8" Di Bend Per Specific Angle on Plan $ 250.00 $ 500.00 21 EA 12"X12"X10" Di Tee 550.00 $ 1,100.00
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
15 EA Thrust Blocks $ 150.00 S 2,250.00
WATER SUBTOTAL $ 422.987.25
PROJECT ADDITIVES Project Contingencies 10% LS 42-29873 Construction Staking 3% S 12-689.62
Soils Testing 1% 4 229 87
Material Testing 1% 4229.87
Construction inspection 2% S 8,459.75
Contract Administration 1% $ 4.229.87
GRAND TOTAL WATER ONLY $ 499,124.96
see ..
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19786
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
1 LS Traffic Control (5% of Construction Cost) 5% $ 14,587.50 LE Trench Support/Shoring (6 foot depth) $ 15.00 S
CY Pipe Bedding (imported) $ 45.00 S
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 60.00$
8" Pipe & Fittings Installed, including excavation, bedding, V 2457 LF backfill and pavement restoration $ 75.00 $ 184,275.00 10" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 80.00$
12" Pipe & Fittings Installed, including excavation,
bedding, backtill and pavement restoration. $ 90.00$
16" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 105.00 $ EA 6" Gate Valve. $ 1,500.00 $
3 EA 8" Gate Valve $ 2,000.00 $ 5.000.00
.. EA 10" Gate Valve $ 2,400.00 $
EA 12" Gate Valve $ 2,800.00
EA 16" Gate Valve 3,800.00
EA 8" Butterfly Valve $ 2,000.00 $
1 EA Fire Hydrant Assembly per City Std. 7,500.00 S 7.500.00 EA Blow-off Assembly 6" per City Std. $ 4,500.00 $
1 EA 2" Air Relief Assembly $ 4,500.00 S 4,500.00
EA 1" Water Service/Meter 3,500.00 10,500.00
2 EA 1.5" Water Service/Meter $ 4,000.00, S 8,000.00
2 EA 2" Water Service/Meter 4,500.00$ 9,000.00
2 EA 8" DI 22.5° Bend $ 475.00 s 950.00
1 EA 8"X18"X18" DI Tee 850.00 S 850.00
5 EA 1.5" Water Service/Meter 4,250.00, S 21,250.00
4 EA 1" Backflow Prevetion Assembly. 3,300.00 13,200.00 5 EA 1.5" Backflow Prevention Assembly 4,125.00 S 20,625.00 RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: MS 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
1 EA Hot Tap Existing Main 5,000.00 5 5,000.00
EA Thrust Blocks. 50.00 $ 100.00
RECYCLED WATER SUBTOTAL 306,337.50
PROJECT ADDITIVES Project Contingencies 10% S. 30-633.764 Construction Staking 3% 9190 131
Soils Testing 1% 3.063.38
Material Testing. 1% 3,063.08
Construction Inspection 2% 6.126.75
Contract Administration 1% $ 63.063.38
GRAND TOTAL RECYCLED WATER ONLY $ 361478.25
-...
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: P 19766
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per item
SEWER
V LS Traffic Control (5% of Construction cost) 5% S 18,049.80 LF Trench Support/Shoring 15.00 $
8" V.C.P Installed, including excavation, bedding, backfill 1032 LF and pavement restoration $ 92.00$ .94,944.00
10" V.C.P. Installed, including excavation, bedding,
LF ackfil and pavement restoratio $ 98.00 $
12" V.C.P. Installed, including excavation, bedding
V 1263 LF. backtil and pavement restoration 104.00 131,352.00 15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 110.00 $
18" V.C.P. Installed, including excavation, bedding.
LF backill and pavement restoration $ 140.00
21" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration 150.00 $
24" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $ 170.00 $
EA Sewer Saddle 450.00 $
EA Wyes 4"x 8" Typical 225.00
11 EA 48" Sewer Manhole 5,000.00 $ 55,000.00
EA 60" Sewer Manhole $ 6,400.00
5 EA Sewer Cleanout 1,800.00 $ 9,000.00
EA Remove Existing 8" PVC Pipe $ 250.00 $ 250.00
5 EA PVC Plug $ 150.00 $ 750.00
V 236 CY Concrete Encasement 200.00 $ 47,200.00
V9 EA Safety Ledge 2,500.00 $ 22,500.00
Mann Dalia
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 18756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
SEWER SUBTOTAL $ 379,045.80 J
PROJECT ADDITIVES Project Contingencies 10%L 37.904 68
Construction Staking 3%1$ 11374437
Sails Testing 1% S 3790 46
Material Testing a 194LS 379046
Construction Inspection *2% S 7,580.92
Contracf Administration 1% 8 3790.46
GRAND TOTAL SEWER ONLY $ 447,274.04
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LS Traffic Control (5% of Construction Cost) 5% $ 105,232.00 LF 24" X 36" C.M.P.A. (10 Gauge). 230.00 $
LF 27" x 43" C.M.P.A (10 Gauge) 250.00 $
161 EA Storm Drain Manhole #1 5,000.00 $ 80,000.00
EA Junction Structure #2 (24" or larger) $ 4.400.00 S
3 EA Junction Structure #4 (24" or smaller) $ 2,500.00 S _7,500.00 EA Outlet Structure $ 5,000.00 $
V 1 EA Catch Basin 3.5' Width 5,500.00 S 5,500.00
3. EA Catch Basin 7: Width/L.D. $ 6,100.00 S 18,300.00
V 3 EA Catch Basin 10 Width/L.D 7,000.00 $ 21,000.00
EA Catch Basin 14' Width/L.D. $. 8,000.00 S
EA patch Basin 21' Width/L.( $ 10,000.00 $
8 inch RCP Installed, including excavation, bedding
V 165 LF ackfill and pavement restoratio $ 130.00 $ 21,450.00 4 inch RCP Installed, including excavation, bedding
V 384 LF backfill and pavement restoration 150.00 S 57,600.00 27 inch RCP Installed, including excavation, bedding,
LF acktil and pavement restoratic $ 160.00 S
0 inch RCP Installed, including excavation, beddin
LF backfill and pavement restoration 175.00 S
33 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration $. 190.00 $
36 inch RCP Installed, including excavation, bedding,
V 1075 LF backfill and pavement restoration 240.00 $ 258,000.00 39 inch RCP Installed, including excavation, bedding,
ackfill and pavement restoration 260.00 S
2 inch RCP Installed, including excavation, beddin
LF backfll and pavement restoration 275.00 S
PA....... n...an.xan -
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 416/2020
Quantity Unit item Unit Total Cost
Price Per Item
STORM DRAIN
45 inch RCP Installed, including excavation, bedding,
LF backfill and pavement. restoration 280.00 $
48 inch RCP Installed, including excavation, bedding,
45 LF backfill and pavement restoration 300.00 s 13,500.00 51 inch RCP Installed, including excavation, bedding,
LF. backtil and pavement restoration 325.00 $
54 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration 350.00 $
60 inch RCP Installed, including excavation, bedding,
987 backfill and pavement restoration 360.00 355,320.00 63 inch RCP Installed, including excavation, bedding,
LF. backtill and pavement restoration $ 370.00 S
66 inch RCP Installed, including excavation, bedding,
LF backtill and pavement restoration $ 400.00 $
72 inch RCP Installed, including excavation, bedding,
LF backlill and pavement. restoration 460.00 $
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 470.00 | s
81 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration 490.00 5
84 inch RCP Installed, including excavation, bedding,
528 LF backfil and pavement restoration 510.00 S 269,280.00 90 inch RCP Installed, including excavation, bedding.
733 LF backfill and pavement restoration 540.00 s 395,820.00 96 inch RCP Installed, including excavation, bedding,
827 LF backfill and pavement restoration 570.00 S. 471,390.00 102 inch RCP installed, including excavation, bedding,
LF backfill and pavement restoration 610.00 S
108 inch RCP Installed, including excavation, bedding,
backtill and pavement restoration $ 640.00 S
V EA Concrete Bulkhead 750.00 $ 3,750.00
V 4 EA Concrete Collar $ 500.00 S 2,000.00
EA Concrete Headwall $. 2,000.00 $ 4,000.00đ
- 2 EA 48" Cmp Riser $ 1,500.00 5. 3,000.00
LF $ 1.100.00 LS.
9'x 9 RCB Installed, including excavation, bedding,
LE ackfill and pavement restoratior $ 1,000.00 S
× 12 RCB Installed, including excavation, bedding
LF ackill and pavement restoratio 1,100.00 S
× 6' RCB Installed, including excavation, bedding
LF backfill and pavement restoration 680.00 S
V 1412 CY 1/4 Ton Rip Rap Method B $ 40.00 IS 56,480.00 ... ... ..
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19756
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/8/2020
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
EA Duplex Storm Water Lift Station 46.000.00 S 46,000.00 V 59 LF Remove & Replace 60" RCP $ 250.00 14,750.00
STORM DRAIN SUBTOTAL 2.209,872.00|
PROJECT ADDITIVES Project Contingencies 10% 220.987.20
Construction Staking 3% LIS [66.298 16
Solls Testing, 1% 22,098.72
Material Testing. 41% $ 22.098.72
Construction Inspection -2% $ 44 197.44
Contract Administration 1% 22, 098.72
GRAND TOTAL STORM DRAIN ONLY $ 2,607,648.96
RESOLUTION NO 2015-078
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 19766
LOCATION: MAYHEW AVENUE
By: PROACTIVE ENGINEERING
DATE: 4/6/2020
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER'S ESTIMATE GRAND TOTAL 5,762,049.89
BY ENGINEER
Prepared By: GLENN BUDD
R.C.E. Number: 5841.1
Expiration: 12/31/2020
* *
CAIL
Place R.C.E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cost) $ 5,752,000.00 Labor & material Bond (50% of Construction Cost) $ 2,876,000.00 Warranty Bond (10% of Construction Cost) 575,200.00
n.__an_can - . -
EXHIBIT "C"
PARCEL NO. 19756
RICHLAND VENTURES, INC.
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or dedicated at used, released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts, to make the representations herein, and that no consent of any other party is 01225.0006/369377.1 C-1
required to knute this varanty and make the representations herein on behalf of the Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
7/21/20
Dated:
SUBDIVIDER*
JOHN H. SCHAFER
VICE PRESIDENT
By:
RICHLAND VENTURES, INC.
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/369377.1 C-2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8888888888888888888888888888888888888888888888888888828888882888888882882880388 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Ot ant
July 22, 2024 before me,. jessie loshan, Datars
Here Insert Name and Title of the Officer
personally appeared John H. Schafer
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person/s whose nameffis/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacityles), and that by his/her/their signature(s) on the instrument the personts), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
JESSICA TOOHEY
Votary Public - California paragraph is true and correct.
Orange County
Commission # 2292115 WITNESS my hand and official seal.
My Comm. Expires Jun 9, 2023
Signature loch
Place Notary Seal and/or Stamp Above Signature of Notary uplic - OPTIONAL
Completing this information can deter alteration of the document or froudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): _ • Corporate Officer - Title(s):
• Partner - O Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
888080888488808388848938382888283880803080838388088880888808808888888888989883848480808887808488808s828380888080878438308 ©2018 National Notary Association
• :
Bond No.: SNN4010251
Contract No.:
Approved:
FAITHFUL PERFORMANCE BOND
Parcel Map 19756
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Richland Ventures, Inc.
"PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated May 19. 2020 and identified as roiect No. Parcel Map 19756 _ is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Nationwide Mutual Insurance Company Suryare held and firmly bound unto the City of Chine in the penal sum of Eleven Million, Eight Hundred: as Eighty-Nine Thousand Three Hundred _ Dollars ($11,889,300.00 _ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on June 15, 2020
Richland Ventures, Inc. Nationwide Mutual Insurance Company
PRINCIPAL SURETY
By: potent
JOHN H. SCHAFER
VICE PRESIDENT SIGNATURES MUST BE NOTARIZED
* "The sole beneficiary of this Bond is the Obligee named herein, and its rights under this Bond shall not be assignable to any third party"
Rev. 04/2019) Page 1 of 1
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE S 1189
808888888488808088888288338988835889808688988083830888088898888888288808980898080838480B080:030888832808388898383308 80858088308381898488388389293389803386868 A notary public or other officer completing this certificate verifies only the identty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Orangs
On - _une 23 j 2020 before me,. Jessica lachel, Notarytubli Date Jere insert Name and Title of the Office
personally appeared John _H. Suhafer
Name(s) of Signer(s)
who proved to me on the basis of satisfaciory evidence to be the person(st whose namelsy is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies), and thai by his/her/their signatures on the instrument the person(s, or the entity upon behalf of which the person(s) acted, executed the instrumeni.
I certify under PENALTY OF PERJURY under the
JESSICA TOOHEY laws of the State of California that the foregoing Notary Public - California
Orange County paragraph is true and correct.
Commission # 2292115
My Comm. Expires Jun 9, 2023 WITNESS my hand and official seal.
Signature tria
Place Notary Seal and/or Stamp Above Signature of Notary Public - OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signers) Other Than Named Above: _
Capacitylies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):. • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Faci • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: - Signer is Representing: -
288888820808080808684208686868680009180808080808089868080938094838080080808088380868088883808 88858888089838880888838898989848082888689838083808980808 ©2018 National Notary Association
:
CALIFORNIA ALl-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this cerificate verifies only the identity of the individual who signed the document to which this cerificate is attached, and not the truthfulness, accuracy, or validity of that documeni.
State of Caliena Colorado
County of .. Denver
On June 15, 2020 _ before me, _ _Susan J. Lattaulo, Notary Public Date Here Insert Name and Tide of the Officer
personally appeared Sheila J. Montoya
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
SUSAN 3. LATTARULO WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184036642 Susand Listian
MY COMMISSION EXPIRES SEPTEMBER 14, 2022 Signature
Signature or Notary Public
Place Notary Seal Above
" OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General Individual •Attomey in Fact Individual • Attorney in Fact •Trustee • Guardian or Conservator •Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1033928
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation hereinaiter referred to as the "Company" and does hereby make, constitute and appoint: Anuj Jain, Angela M. Tindol, John J. Browning, Charles M. McDaniel, Sheila J. Monioya, Mona D. Weaver, Janet M. Elwell. Justin Tomlin
esch in their individual capacity, its true and lawful aitorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
ard to bind the Company thereby, as fully and to the same attent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confimed.
This power of attorney is made and executed pursuant to and by suthority of the foilowing resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attoreys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranieeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shail in no way limit the authoritv of other duiy authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the businass ofthe company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, angraved, or stamped on any approved document, contraci, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this insinungert o 9e sealed and duly attested by the signature of its officer the 15 day of May, 2017.
407
Antonio C/Albanese, Vice President of Nationwide Mutual insurance Company
ACKNOWLEDGMENT
insurance
CORPORALE STATE OF NEW YORK, COUNTY OF NEW YORK: ss
On this 1st day of May, 2017, before me came the above-named officer for the Company sakilonide 1925 aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me SHAL duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the fana seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
BARRY T. BASSIS Bond Goo
Notary Public, State of New York
No. 02BA4656400 Notary Public
Qualified in New York County My Commission Exoires
Commission Expires April 30, 2019 April 30, 2019
CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attoray issued by the Company; that the resolution included therein is a trus and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 1572 day or Wine 202
Rous
Assistant Secretary
The decry godmood b VeNd appease BLUE Ine on the kgbe Nonse damnades asgence core sine pave copy 0 0 0 One buse or 000 no Bond No.: SNN4010251
Contract No.:
Approved:
LABOR AND MATERIAL BOND
Parcel Map 19756
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Richiand Ventures, Inc. hereinafter designated
"PRINCIPAL, " have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated May 19, 2020 and identified as Project No. Parcel Map 19756 _, is hereby referred to and made a part hereof;and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Million, Nine Hundred Forty-Six Thousand Seven Hundred Dollars ($5.946,700.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. on June 15, 2020 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, Richland Ventures, Inc. Nationwide Mutual Insurance Company
PRINCIPAL SURETY
By: humans
TOHN H. SCHAFER Sheila 1. Montoya, Aforney-in-Fact
VICE PRESIDES ENATURE(S) MUST BE NOTARIZED
* The sole beneficiary of this Bond is the Obligee named herein, and its rights under this Bond shall not be assignable to any third party"
Rev. 04/2019) Page 1 of 1
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
80880088080888888808858328988888880808880808089898080808s80080880808383808080898988888380880808938980808080888 88888848388888888838888088 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Orange
On lune 23 32020 before me, Jessica locher, Notary tobli Date lere Inser Name and Title of the Office
personally appeared Joha H. Schafer
Nare(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons whose namelsy is/are subscribed to the within instrument and acknowledged to me thai he/she/they executed the same in his/het/their authorized capacitylies), and that by his/her/their signatures) on the instrument the personisi, or the entity upon behalf of which the person(s) acted, executed the insirument.
I certify under PENALTY OF PERJURY under the
JESSICA TOOHEY laws of the State of California that the foregoing Notary Public - California
Orange County paragraph is true and correct.
Commission # 2292115
My Comm. Expires Jun 9, 2023 WITNESS my hand and official seal. loche
Signature keiL
Place Notary Seal and/or Stamp Above Signature of Notary Public - OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _Number of Pages:_
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s): - • Partner - • Limited • General • Pariner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing:.. Signer is Representing: -
8888888888888888884888383838383888880888898588088838898888383898887898 8088898981808:86888888089838888080888808080808080898839888989808080808888808886888 ©2018 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of thai document.
State of Calfe/a Colorado )
County of Denver )
On_ June 15, 2020 _ before me, _ Susan J. Lattarulo, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Sheila J. Monioya
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ir his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
SUSAN 3. LATTARULO WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184036642
MY COMMISSION EXPIRES SEPTEMBER 17, 3022 Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: _ _ Signers) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - O Limited O General • Partner - • Limited • General Individual • Attorney in Fact Individual • Attorney in Fact •Trustee • Guardian or Conservator Trustee • Guardian or Conservator • Other: • Other:
Signer Is Représenting: Signer is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1033928
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to as the "Company" and does hereby make, constitute and appoint: Anuj Jain, Angela M. Tindol, John J. Browning, Charles M. McDaniel, Sheila J. Montoya, Mona D. Weaver, Janet M. Elwell. Justin Tomlin
each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instrurrents of similar nature, in penalties not exceeding the sum of
UNLIMITED
ard to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attomey pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the foilowing resolution duly adopied by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; (provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of direciors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contraci, instrument, or other papers of the Company.
With officer the te Ray of thay, 2077,y has caused this insirugent to ag sealed and duly attested by the signature of its officer the fs day of May, 2017.
ACKNOWLEDGMENT
Mutua? Insurance
MERPORATE STATE OF NEW YORK, COUNTY OF NEW YORK: ss
1925 On this ist day of May, 2017, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me SEAL. duly sworn, deposes and says, that he is the officer of the Company aforesaic, that the * ChED seal affixed hereto is the corporate seal of said Company, and the said corporate seal and • Parity tes Orie his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
BARRY T. BASSIS Band ba
Notary Public, State of New York
No. 02BA4656400 Notary Public
Qualified in New York County My Commission Expires
Commission Expires April 30, 2019 April 30, 2019
CERTIFICATE
, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power o ittorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings or in Board on of cle forend in poet of torney the duty eleed oficer of the company, and the corporate sal and his signature as oicer were duly affixed and subscribed to the said insirument by the authority of said board of directors; and the foregoing power of attorney is still in fuli force LN WITNESS WHEREOF, i have hereunto subscribed my name as Assistant Secretary, and affixed he corporate sea of said Company ins 15A day of Lune _2020
Pours
Assistant Secretary
The sole beneficiary of this Band is the Oblige named herein, and its ights under this Bond shall not be assignable to ary third party"
Bond No.:_SNN4010251
Contract No.:
Approved:
WARRANTY BOND
Parcel Map 19756
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and Richland Ventures, Inc. _ hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee aroman, dated May 19, 020d maltenance of dentined as Proje No. PM 19786 ments, Whihere referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and Nationwide Mutual Insurance Company, as surety, are held and firmly bound unto the City of Chino in the penal sum of One Million, One Hundred Eighty-Eight Thousand Nine Hundred _ Dollars ($1,188,900.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specitications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on June 15, 2020
Richland Ventures, Inc. Nationwide Mutual Insurance Company
PRINCIPAL
By:
JOHN H. SCHAFER Sheila l Montoya, Aromey-in Fact
VICE PRESIDENT NATURES) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of1
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE S 1189
88888503888988888888888883988888088988888888883288888388888838888850388838888888380808088 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
on _June 23, 2020 before me, de Jessica laches, Notary tablis tere Insert Name cind Title of the Office
personally appeared John H. Schafer
Name(s) of Signers)
who proved io me on the basis of satisfaciory evidence to be the person(a) whose namelsy is/are subscribed to the within instrument and acknowledged to me that he/sle/they executed the same in his/hef/their authorized capacity(ies), and that by his/her/their signatures/'on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
JESSICA TOOHEY laws of the State of California that the foregoing Notary Public - California
Orange County paragraph is true and correct.
Commission # 2292115
My Comm. Expires Jun 9, 2023 WITNESS my hand and official seal.
Signature persia
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _Number of Pages:_
Signer(s) Other Than Named Above: _
Capacitylies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s): _ • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Faci • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
20808084808488848080808080808080888N80888680808808080888888084g40080:0808884008080880988080E0808080808089808088803080808988898984808880888908080808080889 ©2018 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 A notary public or other officer completing this certificate verlies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of CaMera Colorado
County of Denver
On June 15, 2020 before me,_ Susan J. Lattarulo, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Sheila J. Montoya
Name(s) of Signers)
who proved to me on the basis of satisfactory evicence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarne in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
SUSAN 3. LATTARULO WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184036642 suaane Lattarte
MY COMMISSION EXPIRES SEPTEMBER 14, 2022 Signature
signature dif Notary Publi
Place Notary Seal Above
• OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Pariner - • Limited • General Individual • Attorney in Fact Individual • Attorney in Fact Trustee • Guardian or Conservator •Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: _ Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1033928
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual insurance Company, an Ohio corporation herainaiter referred to as the "Company" and does hareby make, constitute and appoint: Anuj Jain, Angeia M. Tindol, John J. Browning, Charles M. McDaniel, Sheila J. Montoya, Mona D. Weaver, Janet M. Elwell. Justin Tomlin
each in their individual capacity, its true and lawful attorney-in-fact, with fuil power and suthority to sign, seal, and executa on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penaities not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Altorey pursuant to the authority given ere hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of direciors of the Company:
"RESOLVED, thai the president, or any vice president be, and each hereby is, authorized and empowered io appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behali of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracis guaranteeing the idelity of persons hoiding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revake, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, thai such atiomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subjeci to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this insirument to ge sealee and duly attesied by the signature of Its officer the 1 day of May, 2017.
-404
Antonio C/Albanesa, Vise President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
Mutua? Тавигасе
CORPORARE STATE OF NEW YORK, COUNTY OF NEW YORK: ss
On this tat day of May, 2017, before me came the above-named onicer for the Company Mationei de 1925 aforesaid, to me personally known to be the officer describad in and who executed the preceding instrument, and he acknowledged the execution of the same, and baing by me SEAL duly sworn, deposes and says, that heis the officer of the Company aforesaid, that the Ohio seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
BARRY T, BASSIS
Notary Public, State of New York
No. 02BA4656400 Notary Public
Qualified in Naw York County My Commission Expires
Commission Expires April 30, 2019 April 30, 2019
CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power oi attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the oards of directors and the same has noi been revoked or amended in any manner; thai said Antonio C. Albanese was on the date of the execution of the foregoing power of attornay the duiy alecied officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said insirument by the authority of said board of directors; and the foregoing power of altorney is still in full forca and effect.
Rou Goz
Assistant Secretary