Agenda packet — Chino City Council, July 7, 2026 (part 2 of 9)

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 3 • Over 220 employees across multiple states, with high employee retention ensuring clients are handled with consistent knowledge and care.
• Wholly owned and operated out of 5 regional production facilities. • Modern Electronic Billing, Payment & Presentment platform, PCI-Level 1 certification, IVR & SMS. • Specializes in supporting 650+ utility clients nationwide, out of our 800+ clients. • PCI DSS Level 1 Compliant and SOC 2 Type I & II Audited as well as other regulatory compliance.

Summary
InfoSend has proudly served the Indio Water Authority since April of 2003 and we are committed to continue to perform the services and adhere to the requirements of the RFP. Our 22 years of service to the Authority makes InfoSend uniquely familiar with the Authority’s billing practices and use of the SunGard-HTE software to ensure the Authority’s customers receive timely and accurate billing statements. Our continued partnership ensu res the Authority and its customers will continue to realize the most robust offering at the best value.

Thank you for the opportunity.

Russ Rezai Glen Everroad President/Authorized Signatory Government Solutions/Primary Contact [email protected] [email protected]
Office: 714.993.2690 Mobile: 949.874.4786

SECTION 2 – Experience
Provide a summary of the Vendor’s prior experience with similar projects. Vendors should have a minimum of five (5) years providing service to public agencies or utility agencies of comparable size. Summary should include specific and detailed descriptions of similar projects previously performed, project results, client name and year completed.

InfoSend has produced documents similar to the Authority's since 1997 and has provided the specific services required by this RFP to the Authority since 2003. InfoSend is uniquely experienced in providing the services required by Indio Water Authority. Leveraging our experience and understanding of the City’s business rules ensures the efficient and risk-free production of the City’s documents to its customers. We think that your experience working with us, our capabilities, and attentive Client Services department, is the best testament to the quality of work we perform. We have provided a list of references below featuring similar utility bill print/mail work provided, including utilities using HTE data similar to yours as well as utilities local to your area. InfoSend supports over 650 utility clients nationwide from our 5 production facilities.

SECTION 3 – Scope of Work
Respond to all requirements defined in the Scope of Work. If any requirements cannot be supported, those items should be listed as exceptions. For exceptions, provide a recommendation for an alternative approach. Provide a description of the required tasks for the implementation and post-production support. Include the tasks needed to complete the project and any recommended additions to the requirements. Also, document assumptions used in development of the work tasks, including assistance needed from IWA staff and required hardware and software.

Note: Y = Yes, N = No, P = Possible or Alternative Approach A. File Transfer and Data Processing

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 4

1. Vendor must have the ability to accept daily bill files using an HTTPS upload or a standard FTP or SFTP transmission with encryption support. IWA must be able to log into the Vendor’s server and transmit the files 24/7.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend will continue to support daily file transmission from Indio Water Authority. On a 24/7 basis, data files can be sent to InfoSend via FTP or SFTP or clients can also log in to InfoSend’s secure website and upload files using the HTTPS file upload method. Optionally, and depending on client security requirements, password protected or PGP/GPG encryption can be utilized on the files. When a file is received, it is automatically time-stamped and logged in InfoSend’s Job Tracking database.

The Data Processing platform is capable of accepting data extracts from clients in a "flat-file" format (text, csv, XML, etc.), as well as in a print-ready PDF format. InfoSend has unique expertise and knowledge working with print-ready PDFs efficiently, providing clients with options to dynamically modify the PDF output before final distribution. The system is capable of accepting multiple file inputs and formats to generate a single output stream, helping clients create more informative and complete communications.

No matter the source, all data is normalized within the InfoSend database, ensuring the distribution and reporting is seamless, transparent and meets client requirements.

File Submission and Job Tracking: Clients are able to upload files directly to InfoSend over the HTTPS connection, allowing users to send the input data for InfoSend processing on demand (note: PGP file encryption and secure FTP also available). All status on the fulfillment of client output is displayed via the online tool: confirmation of receipt, processing status, sample file and approval status (optional), Printing, Quality Control, Mail Prep and Confirmation of distribution. Clients are able to check the "Viewed" box to confirm that the batch was reviewed internally.

2. Vendor must be able to accept IWA files in their current format as IWA may be unable to change the bill file format without manual intervention and/or a modification to the billing system. Vendor must be able to handle zipped data files in ASCII format or PDF format.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

On a 24/7 basis, data files can be sent to InfoSend via FTP or SFTP or clients can also log in to InfoSend’s secure website and upload files using the HTTPS file upload method. Optionally, and depending on client security requirements, password protected or PGP/GPG encryption can be utilized on the files. When a file is received, it is automatically time-stamped and logged in InfoSend’s Job Tracking database.

InfoSend's cloud-based Data Processing platform is a key engine in driving the overall CCM distribution platform. The Data Processing workflow has been designed from the beginning to flexibly accept client input in a wide variety of formats. While having domain expertise with clients within Government, Citations, Utility, Healthcare, Finance, Insurance, and more, InfoSend's technical experience and platform capabilities mean clients enjoy efficient and on-time implementations. The Data Processing platform is capable of accepting data extracts from clients in a "flat-file" format (text, csv, XML, etc.), as well as in a print-ready PDF format. InfoSend has unique expertise and knowledge working with print- ready PDFs efficiently, providing clients with options to dynamically modify the PDF output before final

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 5 distribution. The system is capable of accepting multiple file inputs and formats to generate a single output stream, helping clients create more informative and complete communications. No matter the source, all data is normalized within the InfoSend database, ensuring the distribution and reporting is seamless, transparent and meets client requirements.

3. The vendor must provide a web-based interface to: a. Track the status of job types through the production process; b. View reports; c. Manage inserts; d. Process exception or special handling of documents; e. Manage ad-hoc messages displayed on job output; f. Upload test files Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend.com Web Administration Highlights
• Secure SaaS Cloud Solution: Secure, hosted, infosend.com website allows clients to administer their InfoSend applications, as well as user roles and permissions from any modern web browser 24/7.
• File Submission and Job Tracking: Providing transparency into each file received as it progresses through data processing and manufacturing by InfoSend. Also allows clients to securely upload files via the web.
• Sample Approval: Optional workflow, allowing clients to view output and approve prior to manufacturing and distribution.
• Message Manager: Allows clients to self-administer ad-hoc and scheduled messaging on customer-facing output.
• Insert Management: Allows clients to requests additional materials be included with output, such as flyers, buck slips, newsletters etc.
• Print Image Archive and Mail Tracking: Allows clients to view images of each document produced, reprint or email the document, as well as view USPS delivery tracking information for qualified documents.
• Support Tracking: Allows clients to open tickets and securely communicate with InfoSend staff on change requests or issues.
• Reporting: Reports on the details of each client Job are posted to the website for secure viewing and download.

4. Vendor must provide IWA the ability to view and approve sample bills online before they are printed and mailed. Vendor must notify IWA once the sample bills are ready to review via email or online platform. Samples shall be approved within 24 hours of sample notice. Included with the sample bills must be a summary of the total counts of printed bills, suppressed bills, and number of inserts included with the batch.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Sample Approval: This optional workflow allows clients to download a sample of the output, with an included Process Summary report of the input/output counts, Inserts to be included, suppressions and a postage estimate. The sample file can contain the entire output or a subset based on client criteria. Upon approval, the sample output is released for production and distribution by InfoSend.

Process Summary Report: The Process Summary Report is a detailed PDF document that summarizes key data points contained within a document run batch. If a client chooses to review sample files prior to printing, the Process Summary Report will be included as a cover page within each set of samples. It is also posted to InfoSend’s “Reports” tab of the web portal in PDF form. The Process Summary Report details important information such as data files that were included within the job, document details such as page count and batch amount if documents are bills, print output information, suppressions, inserts included, and USPS presort counts and estimated postage.

5. Vendor must mail documents within 24 hours of approval of sample files. Approvals must be made withing the vendor’s web-based interface, and include a mailing status report with the confirmation.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 6 InfoSend will continue to provide next business day (24-hours) turnaround time from sample approval.

Additionally, the InfoSend website provides an optional workflow, allowing clients to view output and approve prior to manufacturing and distribution.

6. Vendor must have the capability to suppress the printing of bills and/or envelopes for certain customers based on IWA requirements. Suppression could be on a one-time or ongoing basis.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

As IWA's current vendor, InfoSend has established business logic rule sets for "selective" inclusion or suppression of messages or materials such as inserts or return envelopes based on IWA's requirements.

Suppressions were programmed during implementation and available throughout the life of the account.

7. Vendor must be able to produce IWA bill in the current format, propose a new bill format and/or provide a bill re-design included in the implementation.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend currently produces the Authority’s utility bills, miscellaneous bills and prints letters in support of this requirement. InfoSend provides document composition services for hundreds of utilities nationwide.

Initial design is part of our implementation process. After initial implementation, should the City elect to make additional changes to the statements, InfoSend’s Client Change Management process has you covered. InfoSend’s Account Managers are trained in the use of various graphic design tools which are leveraged to create your documents. The Account Manager assigned to this project will work with the client’s project team to create outputs which meet the high st andards expected by our clients. All of the graphic design work for your projects will be conducted in -house at InfoSend allowing for us to maintain a high level of quality and responsiveness to your requirements.

InfoSend Document Design Services Highlights
• Customizable document look and feel for all clients providing "raw data" inputs, hosted and maintained by dedicated InfoSend staff.
• Experience with a wide array of industry-specific document types, including Government, Citations, Utility, Healthcare, Finance, Insurance and more. • Client Services staff trained in the use of graphic design tools to ensure mockups are professional and accurate.
• During design and mockup, InfoSend advises on latest design best practices for consumer readability, response rate and USPS compliance.
• For documents with OCR, barcode or remittance requirements, full compliance with any specification, including lockbox testing with the delivery of production samples prior to Go-Live. • Extensive experience, software and dedicated equipment for facilitation of both transactional and promotional documents: full-color Inkjet, high-capacity folding and cutting, and online tools for managing marketing copy or images.

Client Application Change Management Highlights
• Dedicated Account Manager ensures client application specific knowledge and expertise. • All aspects of client application change requests and project history logged within InfoSend CRM. • Account Manager builds Statement of Work (SOW), accurately capturing scope for client sign off. • Changes made and tested within a dedicated development environment, with source control check-in.
• Transparently tracked project, with samples and mockups provided to the client for sign off. • Strict deployment procedure, which includes options for detailed sample review on the first live run.

8. Vendor must configure the remittance stub to work with the remittance processing equipment and software used to process the incoming checks.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend accepts and currently supports this requirement. Should Indio Water Authority change its remit processor, InfoSend will work to provide printed samples for testing.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 7

9. Vendor must have the capability to print: a) Intelligent bill messages based on customer type, or other parameter within the data file; b) Logos; c) Usage history graphs; d) Multiple page bills as needed
Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Message Manager: This free account management tool is a custom-built web-based application that allows clients to control the messages that print on output. Clients can schedule the messages months or even years in advance, as well as set criteria to assign unique messages to different types of customers, or even to individual accounts. A PDF preview displays the message in the actual font that will be used.

Utility Bill Design Highlights
• Information hierarchy based on customer feedback, ensuring Amount Due and Due Date are very clear. Amount Due is placed strategically in multiple locations. • Color schemes are utilized to enhance labeling of various services and/or charges. • Usage and historical information are given prime real estate. • A dynamic message area for clients to place customizable messages to all customers or customers falling under specified criteria.
• Graph done in a circular manner, utilizing multiple colors to communicate the various charges that lead to the total.
• Backside of the bill utilized to communicate details of charges and payment options, labeled with different colors by channel.
• We offer multilingual support and are able to present bills in multiple languages.

10. Vendor must provide an interface that will allow IWA to update requirements for bill messages and bill inserts on an ad-hoc basis. Interface must allow IWA to include/exclude inserts and messages based on IWA requirements including customer type, account number, or other parameter within the data file.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Insert Management: The Insert Management tool is designed for clients to control what additional materials will be included with the standard output. Clients may request InfoSend Produced Inserts as well as schedule drop-shipped inserts from within the tool. The tool also provides the history of all Insert requests for client reference. The Insert Management tool pre-populates forms with the user's information.

This tool asks users to input an insert name as well as select the type of insert. InfoSend Produced Inserts will be printed at InfoSend's facility or a local offset printing partner, Drop Shipped inserts must be sent to InfoSend, and Online Billing inserts are electronically presented. For InfoSend Produced inserts, users are able to use the automated Insert Management tool to select insert printing specifications. This form also allows users to upload artwork files for review by InfoSend's team.

The tool allows users to designate the job types inserts should be included with, as well as specify the quantity and run dates. InfoSend also enables users to utilize selective inserting. Selective inserting is a dynamic technology that specifies which inserts will be included for certain account types. Clients can also designate insert billing options on the next screen. Once the insert request has been completed, users will receive an email confirmation detailing the request. Users must authorize the confirmation before an insert request is activated.

11. Vendor must have in place and provide as part of the response a comprehensive Quality Control Plan (QCP) for ensuring the data, printing and mailing is error free.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 8 InfoSend Quality Control Highlights
• Company culture demands client satisfaction with over 99.99966% accuracy on an annual output in the tens of millions.
• Systems, personnel, and equipment are organized around well-defined processes that control and report the accuracy of work performed.
• Comprehensive Quality Control (QC) built into Data Processing platform, ensuring client output is verified prior to entering manufacturing environment. • Unique QC process involving dedicated personnel and procedures executed after printing and before release to mailing department, customized specifically to each client's output during implementation.
• Automated 2D Barcode Accuracy System utilized, providing individual document tracking and alerting to address errors (damaged or missing documents) real-time during fulfillment. • Dedicated Quality Assurance Team that performs Root Cause Analysis, coordinates remediation and plans continual process improvements.

12. Vendor must provide information of the process to ensure that the billing data provided is being protected from unauthorized exposure and use.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend Security Procedures Highlights
• InfoSend employs industry best practices while complying with numerous regulatory requirements for protecting client data.
• Compliant and/or audited by third parties for PCI-DSS Level 1, HIPAA, SSAE18, GLBA and FACTA.
• All Facility Physical Premises Secured
• Secure Encrypted Data Transfer and Storage Practices
• Secure Segmentation Client Data
• Secure Disposal of Client Data
• Firewalls and Web Application Security
• Background Checks and Drug Tests for All New Employees • Annual Security Policy and Awareness Training for Employees • Formal Suspected Breach Escalation, Review and Notification Process

13. Vendor must provide a process of “pulling” a bill from live production file. Vendor must indicate in the response whether live pulling fees apply.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend does not charge a fee to pull a bill.

File Cancellation and Document Pull Request Procedures: InfoSend’s CS department accepts requests to cancel entire batches or pull select documents from a batch as a standard function of the department. This request can be placed through InfoSend's online website support ticketing system, via email, or by calling the 800 number. The request is then documented by the CS team and communicated to the InfoSend production departments through our internal systems.

1. File Cancellation: These requests are typically submitted to InfoSend just after file transfer but before printing. InfoSend's CS personnel will immediately change the status of the Job to prevent any further progression through the InfoSend manufacturing environment and remove the Job batch from the queue. Clients utilizing the Sample Approval workflow will have the option to cancel their own job, which will then be removed from the queue.

2. Pull Document Requests: These requests are typically submitted by the Client after the file is processed and prior to mailing. Ideally, these requests would be submitted to the CS team prior to the mail piece receiving the “Quality Control” timestamp in the website’s client-facing job tracking system. Once the job has been marked as completing Quality Control, it will be moved into Mail Preparation. For this reason, Pull Document Requests made after the job has passed through QC should be communicated directly via phone call to ensure that they are handled immediately to minimize the chance that the piece is processed for mailing. The document to be

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 9 pulled will then be intercepted after the document is printed. Pulled documents can either be recycled or returned to the Client.

14. Vendor must provide description of printing and mailing equipment used, and explain how redundancy is achieved in the event of equipment failure at the facility.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend does not anticipate the need to purchase additional equipment to meet volume requirements as outlined in this RFP. InfoSend is vigilant in its review of available operating equipment; maintaining, servicing, and replacing equipment as necessary in order to meet the demand of our clients. Should the Indio Water Authority choose to remain with InfoSend as their print and mail vendor, the volumes from the Authority will not add undue stress to our current production.

Printers
Type Printer QTY Images per hour
Full Color Canon Colorstream 6900 1 109,080
Full Color Canon i300 1 18,000
Full Color Ricoh Pro VC60000 1 128,820
Full Color Ricoh Pro VC40000 1 128,820
Full Color Xerox Rialto 900 MP 2 54,960
Full Color Ricoh Pro C9100 1 6,600
Monochrome Ricoh Pro 8320 1 8,160
Full Color Bluecrest Accellejet 1 42,960
Full Color Riso GD9630 7 67,200
Full Color Riso GD9150 1 9,000
Monochrome Kodak Digimaster HD150 3 27,000
Inkjet Printing Technology
InfoSend operates roll-fed inkjet presses out of multiple facilities to enable true Disaster Recovery capabilities. Each facility uses multiple printing and inserting production lines, each that operate independently of the others in the case of equipment maintenance or downtime. Transactional documents can be printed using full-color production inkjet technology. Inserts can be digitally pre-printed as well as offset equivalent quality using the latest high-definition inkjet technology. Maintenance contracts are in place with qualified vendors for all InfoSend equipment involved in the fulfillment of client documents.

InfoSend carefully selects vendors and equipment to guarantee production of documents according to the Service Level Agreement (SLA) between InfoSend and its clients.

Inserters
Inserter Type QTY Insertions Per Hour
Sensible Technologies/Bell & Howell Intelligent Inserter with Mail Piece Integrity
26 195,000
Pitney Bowes/BlueCrest FPS/Rival Line of Inserters 10 120,000 Pitney Bowes/BlueCrest MPS Line of Inserters 1 15,000
MB Inserters 5 74,000

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 10 Envelope Manufacturing
Equipment Type QTY Envelopes Manufactured Per Hour
W+D Model 202 2 84,000
W+D Model 102 3 48,000
W+D Model 627 2 54,000

15. Vendor must have procedures for ensuring that the bill file transmissions are completed successfully. Vendor must provide in the response details on what happens if a file transfer errors.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend Data Process Flow
InfoSend's Customer Communications Management (CCM) platform is designed to securely and efficiently accept, process and output client data to customers in a reliable and transparent manner. • Secure File Upload Options: On a 24/7 basis, data files can be sent to InfoSend via FTP or SFTP or clients can also log in to InfoSend’s secure website and upload files using the HTTPS file upload method. Optionally, and depending on client security requirements, password protected or PGP/GPG encryption can be utilized on the files. When a file is received, it is automatically time-stamped and logged in InfoSend’s Job Tracking database. • Duplicate File Prevention: All data transfers are checked against an archive of file-level hashes and if a match is found, the system will detect the file as a duplicate. If a duplicate is detected, the processing program is halted and a warning is generated, calling for immediate follow up by InfoSend support personnel.
• Multi-File Inputs: InfoSend's system can be configured to create batches based on multiple source files, as well as wait a predetermined amount of time for more client records to be transferred before beginning the batch processing.
• Process Confirmation: Successfully transferred files are identified by client input type, resulting in a confirmation receipt sent.
• File Integrity: Each of InfoSend’s programs is custom made to work with the clients' specific data file format. Incomplete or erroneous data will result in a program halt, issuing a warning that is escalated to InfoSend support personnel for immediate follow up. • Data Checks: InfoSend programs are set up to check for individual data fields and halt if criteria are not met--for example if a date field contains a value older than an acceptable threshold. All data check halts issue a warning and escalation to InfoSend support personnel. • Dedicated Workflow and Staffing: InfoSend's emphasis on quality and customer satisfaction requires a dedicated step and operator role in the process to validate the printed output. This step in the process takes place after printing but before distribution. Each job is thoroughly checked a minimum of 4 times for general alignment, printing, color or mailing address block issues which would result in problematic processing or mailing: before printing, after printing, upon delivery to the QC department and finally upon delivery to the mailing department. • Uniquely Tailored QC Program: InfoSend has an internally developed workflow that provides onscreen prompts to QC personnel, requesting they check for bill specific information (such as customer name, account number, address) on randomly selected pages throughout the batch.

These onscreen prompts are customized to the client's data and ensure the integrity of data throughout the batch before releasing for distribution. • Process Confirmation: Once InfoSend has completed the distribution of the client job batch, a confirmation receipt is sent to the client with details on the job batch execution. This receipt serves as the final notification regarding the input data received. • Reporting: InfoSend's platform also provides robust reporting back to clients on the output services performed. InfoSend offers detailed address update and suppression reporting, as well as customized, detailed breakdown of the fulfillment.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 11 B. Materials

1. Vendor must support 8.5” x 11”, 24# white paper stock. The Vendor must be able to reproduce preprinted and perforated paper stock that matches or exceeds the quality of the current stock, including providing the same number of preprinted colors.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend's standard bill stock is 24 lb. white bond with a minimum 96 brightness. InfoSend will add the perforation, where needed, inline as we are printing the statements. InfoSend maintains a wide array of printing and finishing equipment necessary to handle transactional and promotional document production. Print statements, invoices, letters, postcards, notices, or other various documents using laser or inkjet technology: simplex, duplex, black, grayscale, black plus one or more spot colors, and full color printing, perforated and non-perforated, are all supported.

2. Vendor must be able to provide:
a) A double window #10 mailing envelope, 24# white paper stock b) A single window #9 security return envelope, 24# white paper stock Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Effective Envelope Stock: Standard and reliable outgoing #10 and return #9 envelopes predominantly manufactured and stocked by InfoSend and have strategically placed windows which allow client logos to be visible for the customer prior to opening, as well as tinting to ensure data privacy.

3. Vendor must provide the ability to print inserts, newsletters or other notices to be included with regular mailings and in full color.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend can continue to provide the printing of inserts should the Authority choose to remain with InfoSend. Our Direct Communications Team is here to assist with any and all insert requests.

InfoSend Direct Communication Service Highlights
• Single Source Production: InfoSend produced one-time or recurring print runs for special outbound customer communications; avoid juggling vendors and excessive drop shipping costs by producing content with InfoSend.
• High Quality Output Range: Support for low cost black and white through full color communications on uncoated or glossy paper stock. Communication can be:
o Buck Slips, Postcards, Letters, Flyers, Folded Brochures and more. • Online Management & Excellent Customer Service: Dedicated online web request tools and support personnel that provide quotes for any required services, from artwork design through fulfillment.
• Selective Inserting: Support for inserting materials within existing customer transactional document, with the capability to selectively insert for specific customers based on client criteria. • Inline and Electronic Inserting: Support for printing marketing materials on the fly, "inline" with customer transactional billing document, as well as show with electronic images produced by InfoSend, for just-in-time manufacturing and reduced postage costs. • Envelope Messaging: Ability to apply special messages that show through windows or directly on the envelope to ensure customer visibility.

4. Vendor must agree to receive shipments of inserts and store/warehouse all forms and envelopes used to process IWA bills.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully meets this requirement. This process is in place now.

5. Vendor must be able to perform intelligent/selective inserting based on customer type or other parameters provided in the data.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend can continue to comply with this requirement. Selective Inserting: Support for inserting materials within existing customer transactional document, with the capability to selectively insert for specific customers based on client criteria.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 12 C. Archived Documents

1. Vendor must be able to archive as PDF files of document images. PDF images must be available on the same day that data files are processed. These files must be accessible through the vendor’s web-based interface and available for download.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully meets this requirement. InfoSend's Customer Communications Management (CCM) platform offers a robust, secure, redundant archive service that clients can rely upon to access documents rendered, modified or processed by InfoSend. InfoSend has built a flexible set of options to ensure clients and their customers can access documents in the context that they prefer, including in existing CIS/ERP or billing applications. InfoSend offers PDF delivery and hosted models.

With all options, InfoSend is capable of including the insert communications as additional pages in the PDF (eInserts), ensuring clients and their customers are viewing the complete document which was distributed.

2. Vendor must supply an online interface to IWA to view the document images produced. Vendor must provide details about the interface capabilities including: a) Screen shots of the interface ; b) Search capability; c) Print capability; d) Process for viewing archived bill images; e) Process for emailing archived bill images to specific customer email addresses Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Fully met. This process is in place now. Screen shots were not included due to the page limit and because IWA currently uses these interfaces today.

InfoSend Archiving Services Highlights
• Multiple Channels: Capable of hosting documents within an InfoSend database as well as shipping PDFs via secure FTP or DVD media.
• InfoSend Hosted Option: Secure cloud solution where InfoSend hosts documents for a client - specified historical retention, allowing for reprints and emailing documents on demand. Upon batch completion, InfoSend will archive the documents for the client to retrieve on demand from a web interface.
• API Access for Hosted Docs: For clients who choose to have InfoSend host, an API is made available that enables paperless integrations with ERP/CIS/billing systems, as well as online payment providers.
• Insert Communications Included: The InfoSend system is also capable of including the insert communications as additional pages in the PDF (eInserts), ensuring clients and their customers are viewing the complete document which was distributed. • USPS Mail Tracking: For clients using the hosted solution, USPS mail tracking info is provided for eligible First Class mail, using the IMb Tracing™ service. • Remit Tracking: Also, for clients using the hosted solution, InfoSend can provide a report of checks mailed back by customers using the included remit stub. A daily report of customer mail and amounts due will be provided, assisting clients with cashflow expectations. • Final Document Transfer: InfoSend can push PDFs via secure FTP in a standard or customized format, allowing clients or third parties to archive documents on other systems.

3. Vendor must be capable of indexing at least five (5) data fields for searching via online interface.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

PIA Hosted: Search via the InfoSend Portal
For clients looking to outsource the storage and retention of past documents, the InfoSend Print Image Archive search tool is an option that is simple to set up and use. Located within the administrative InfoSend Portal already used by customers to track batches, this option provides robust search criteria along with document download and email options for archived documents.

By default, InfoSend provides search criteria for Name, Account Number, InfoSend Job Code and

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 13 Date Range. In addition, InfoSend can provide 5 additional custom fields mapped to the client’s data (examples: Bill Date, Due Date, Service Address, Notice ID, etc).

4. Vendor must be able to store document images for 60 months. These files must be accessible through the vendor’s web-based interface and available for download.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

With InfoSend hosting the documents, the batches processed can be archived as long as the client requires. Fees apply based on length of time and are generally quoted as part of the contracting process.

5. Vendor document archiving system must have a secure, encrypted API to allow third party integration to access bill images.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend provides an API to its Print Image Archive (PIA) document archive which contains bill images.

Archiving and Secure Third-Party API Access: Documents can be stored within an InfoSend archive, and may be accessed by clients via an InfoSend portal. InfoSend also has an API available, allowing any vendor the client authorizes to pull customer documents for display.

D. USPS Presort and Mail

1.Vendor must be capable of presorting documents and including an intelligent mail barcode and maintaining CASS certification or NCOA to maximize postal discounts.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully satisfies this requirement. All USPS automation, CASS, presort and IMB application is performed by InfoSend and the City will pay pass through postage costs, including all available discounts.

USPS Compliance and Efficiency Highlights
• InfoSend maintains ongoing USPS regulatory compliance and cost savings on behalf of clients, standard.
• Full Service with Intelligent Mail Barcode (IMb) certified, ensuring clients with qualified mailings receive lowest automated postage rate.
• Address validation applied via Coding Accuracy Support System (CASS) and Delivery Point Validation (DPV), improving the accuracy of addresses and lowering postage. • Customer Move Updates optionally applied and reported via the NCOALink database or Address Change Service (ACS).
• USPS Seamless Acceptance Provider verifying mail electronically for acceptance • Detached Mailing Unit (DMU) designation, with USPS personnel on-site at select InfoSend facilities, expediting mail entry into the USPS system and increasing overall efficiency. • Ability to "house-hold" multiple documents intended for the same customer into a single envelope to provide postage savings.

2. Vendor must produce and deliver to the USPS from a Southern California production/processing facility.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully meets this requirement. This process is in place now. InfoSend owns and operates its 80,000 sq. ft. headquarters and Western US production facility that currently produces IWA’s documents, located just 110 miles from IWA.

3. Vendor must be able to provide automated proof of delivery to the USPS.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully meets this requirement. This process is in place now. • Job Tracker - provides real-time production status from receipt of data through completion of production and induction of mail to the USPS. This visibility includes timestamps as well as reports throughout the process. The final timestamp and Confirmation Report are provided as the mail is entered/inducted with the USPS.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 14 • Mail tracking data is provided by the USPS as scanned and reported at mail entry and subsequently scanned and reported at the destination Post Office. This data is made available through the client facing portal at infosend.com.
• InfoSend can also provide the detailed mailing paper work (USPS 3600 reports) as requested.

4. Vendor must be able to match multiple bills destined to the same customer and mailing address in the same batch. Matched bills must be inserted into one appropriate size envelope and metered first-class separately, and delivered to the USPS at the same time as all other bills are delivered.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend has default workflow, where applicable, to household into one envelope all statements destined for one mailing address, reducing both the number of envelopes and inserts that are used.

5. Vendor must prepay for postage on agency behalf and bill IWA for actual postage used on a monthly basis. Any handling fee or mark-up on the postage costs must be clearly stated and agreed upon in advance. The vendor must provide receipts from USPS or other documentation with the invoices to verify the actual postage charges
Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend fully meets this requirement. This process is in place now. InfoSend passes through the lowest available USPS postage rates after applying automation discounts for IWA’s mailings without markup.

InfoSend’s invoices list the USPS postage rates realized for each job submitted by IWA.

E. Reporting

1. Vendor must provide an email confirming receipt of file transmission for data processing.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Upon client upload of a data file for processing, InfoSend will send the File Transfer Acknowledgement Report as certification of receipt of the file. The File Transfer Acknowledgement Report provides information about the file name, byte size, page/record count and file receipt date. This report is posted to InfoSend’s secure web portal for viewing and is also commonly emailed to designated client staff members.

2. Vendor must provide daily production confirmation reports. This report should contain the following details, at a minimum: a) Number of bills received for processing; b) Number of bills printed; c) Number of suppressions; d) Postage presort breakdown including actual rates; e) Inserts used and insert counts
Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Process Confirmation Report: The Process Confirmation Report is emailed to designated client staff members as well as posted to the reports section of the web portal after documents have been completed for mailing and released to the USPS. This report provides confirmation that InfoSend has released a job’s mail pieces to the USPS for mailing. The Process Confirmation Report can be created in one of three different formats: plain text, XML or HTML. This report provides the name of the file(s) mailed along with a detailed mail count. For statements, invoices and other financial documents, the total dollar amount is also provided. Additional information can be provided after the “totals” section of the report. For example, addresses that could not be verified for delivery point validation can be listed at the end of this report.

F. Customer Support

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 15

1. Vendor must provide unlimited customer support to agency personnel during vendor’s business hours.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

This process is in place now. There are no per hour or incident fees and support is unlimited.

2. Vendor must provide procedures for providing after-hours support.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

InfoSend Client Services Support
InfoSend's mission to provide the industry-best support requires excellence and attention to detail within the Client Services (CS) department. InfoSend has designed support around extensive procedural controls to ensure client output is handled accurately and issues are addressed expeditiously. The following describes InfoSend’s standard support coverage, the services that are included as part of annual software support, a listing of call priorities and an outline of escalation procedures.

InfoSend offers emergency an after-hours support line. An after-hours answering service is available 24/7/365. The answering service contacts InfoSend employees sequentially until one receives and acknowledges the call. Requests can be answered within 4 hours. InfoSend provides escalation phone number and contacts during the implementation. After-hours support may be billable. Please note, with the extensive support hours and support channels available, the after-hours answering service being used is extremely rare.

3. Vendor must provide a list of dates when vendor operations will not be conducted.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Standard hours of support are from 6:00 AM Pacific to 6:00 PM Pacific, Monday through Friday, excluding designated statutory holidays. Weekend assistance is available and must be scheduled in advance and in most cases is billable. InfoSend recognizes the below holidays and will be closed should they fall on a weekday.

New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day

4. Vendor must provide contact points for customer service which include: a. Primary and Backup contact individual name and role; b. Primary and Backup contact individual phone numbers and availability; c. General Support email addresses; d. Online Support via web interface; e.

Escalation Contact for higher level support; f. After Hours support contact information Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Support Channels and Availability: InfoSend provides the following methods to be reached to initiate a support request:
• 800 Toll-Free Telephone support: (800) 955-9330
• General Support Email Address via [email protected] • Free electronic access 24 x 7 at www.infosend.com with the following online benefits:
o Log, track & close support requests
o View & update support requests
o Access published documentation
o Access available downloads
o Download reports
o View Job Tracking statistics
o Download sample files in PDF format
o After-hours answering service is available 24/7/365
Derek Reis (714.993.2690 x307, 8am – 4:30pm PST), IWA’s Account Manager and primary point of contact, is a trusted member of the InfoSend team and will remain IWA’s dedicated Account Manager going forward. Kacie Koulias (714-993-2690 x351, 730am - 4pm PST) will serve as a backup to Derek.

Jessica Macklin (714-993-2690 x296, [email protected]) is the escalation contact for higher level support

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 16

5. Vendor must provide a dedicated project manager for implementation and ongoing customer support after project go-live.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

The Indio Water Authority will continue to have access to a dedicated project manager as described above. Our local staff has over 10 years of experience with the Authority’s account and related services.

6. Vendor must provide weekly status updates during all project implementations, including progress, upcoming milestones, issues, and timeline adjustments. Updates should be sent via email or an online tool, with relevant documents attached, and include follow-up on any issues or feedback.

Indicate Y/N/P: Y - Vendor Response: InfoSend meets this requirement.

Indio Water Authority is currently live on InfoSend's print/processing platform, eliminating the cost and risk of implementations and eliminating the need for weekly status updates. We are eager to once again earn the IWA’s business and continue as a trusted partner.

SECTION 4 – Project Schedule
Include a project schedule for each key focus area of the project, as identified in the Scope of Work. Project schedule should contain key project milestones and timelines for deliverables.

Identify assumptions used in developing the schedule.

Because Indio Water Authority is currently live on InfoSend's print/processing platform, there is no implementation to detail.

SECTION 5 – Project Cost
Provide a cost proposal for print and mail development, implementation and ongoing maintenance. Identify all costs to be billed to the project, including costs for hosting, testing and customer support. A sample bill is included as “Attachment A” to this RFP which is the billing format that IWA uses and wants supported by the Proposer. Please adhere to the table form provided below.

Initial and Ongoing Professional Services Fees
One-Time Implementation Fee
Includes all phases of the project prior to the production phase: initial programming, testing and implementation. $ 0.00
Currently
Implemented
One-
Time
Fee
Professional Services Charges
For requested programming changes after initial
implementation.
$160.00 Per
Hour

Cost of Materials
Statement Paper Stock Cost

8.5x11”, 24# pound paper stock with a micro-perforation. $0.0179 Per Sheet
Late Notices

8.5x11”, 24# pound paper stock
$0.03 Per Sheet
Inline Inserts

8.5x11”, white, 24# pound paper stock
$0.0325 Per Sheet

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 17 Outgoing Envelope Cost
#10, Custom Indio, envelope with security tint.
$0.0325 Per Envelope
Return Envelope Cost
#9, Custom Indio, envelope with security tint.
$0.0258 Per Envelope
Flat Single Window Envelope Cost
Applies only to multi -page bills that do not fit in the standard Custom Indio #10 envelope.
$0.19 Per Envelope

Service Fees
1 Page Bill Service Fee (Est. Volume 25,000/month) $0.085 Per Sheet Includes file transmission, data processing, simplex bill printing, mail preparation (folding, inserting a 1 -page bill and the return envelope into an outgoing envelope) and delivery to the USPS.

Delinquents (est. Volume 5,000/month)
Includes file transmission, data processing, simplex bill printing, mail preparation (folding, inserting a 1-page b i l l into an outgoing envelope) and delivery to the USPS.
$0.085 Per Sheet
Inline Inserts Service Fee
Price to include full color duplex printing of insert PDF on the front and back of the page onto white page.
$0.085 Per Sheet
Multiple Page Mailpiece Surcharge– Flat Mailpieces
For handling when there are too many pages to be
inserted by machine. For example, multiple bills are
grouped together into one envelope or box to reduce the average per page postage. These high page count sets
can either be inserted into a #10 envelope or flat
9x12” envelope.
$0.00
$0.35
Per #10
Package
Per Flat Envelope
Optional Marketing Insert Fee
Charge for inserting client-provided marketing insert. For example: Newsletter.
$0.01 Per Additional
Insert
Optional Move Update Service Fees
NCOALink or ACS service.
$0.33 Per Reported
Change
Optional Archive Fee
Images must be stored in PDF format for 60 months.
$0.02 Per Archived PDF

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 18

SECTION 6 – Ancillary Services
Please list other services you may want to offer. This section is optional.

InfoSend's Electronic Billing, Payment and Presentment (EBPP) Solution • Mobile-Ready Customer Engagement: All products are mobile compatible out of the box, with no app store downloads required of customers. Powered by InfoSend's CCM platform, customer specific messaging extends to the electronic channel.
• Multi-Channel Payment Collection: InfoSend's payment platform will consolidate web, telephone, SMS, CSR, in-person EMV and bank payments into a single lockbox file. • One-Time and Automatic Payments: Allow customers to quickly make a one-time payment, as well as sign up to have their payment account auto debited with each billing cycle. • Paperless Bill Notification and Presentment: Notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers via the secure portal.
• Interactive Voice Response (IVR): Accept customer payments via automated phone service with InfoSend-hosted phone number, enabling client phone systems to redirect customers with ease.
• SMS Text-to-Pay: Enrolled customers may opt in to receive text notifications of new bills, and reply to have the registered payment method drafted for the amount due, speeding up the time to payment.
• Bank Payments (MasterCard RPPS): InfoSend can collect payments made via the customer bank and include them within the lockbox file.
• PCI-Compliant Cloud Based Solution: Electronic billing and payment related products hosted in the cloud by InfoSend in a secure PCI-Level 1 compliant environment.

SECTION 7 – References
Provide a description of projects similar in nature and scope that the Vendor has completed in the last five years. Include client names, addresses, contact person and telephone numbers. Also provide a list of customers who stopped service prior to the original contract expiration date and the reason for the contract termination if any.

InfoSend believes its 22 continuous years of service to the Indio Water Authority offers no better reference of our service and has provided below additional public agency references on the SunGard platform.

InfoSend has not had a client stop service prior to the original contract expiration date in the past 5 years.

Coachella Valley Water District 760.398.2651
85-995 Avenue 52 Scott Burritt, Management Analyst
Coachella, CA 92236 [email protected]
"InfoSend provides us with excellent and responsive service and are our partner in customer billing and communications, we thank them for all they do.” Scott Burritt, Management Analyst • Contracted Since: 2006
• Billing System: SunGard Naviline
• Volume: 110,000 documents monthly
• InfoSend Products Used: Data Processing Print and Mail, Print Image Archive City of Oceanside, CA 760.435.3809
300 North Coast Highway, Bldg. B Darrin Eaton, IT
Oceanside, CA 92054 [email protected]
• Contracted Since: 2011

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 19 • Billing System: HTE Original Implementation, Transitioned to CIS in 2019 • Volume: 48,000 documents monthly
• InfoSend Products Used: Data Processing Print and Mail City of Oxnard, CA 805.385.7811
251 S. Hayes Ave. Eden Alomeri, Assistant City Treasurer/Director of Revenue and Licensing
Oxnard, CA 93030 [email protected]
• Contracted Since: 2012
• Billing System: SunGard/Superion
• Volume: Approximately 45,000+ Mail Pieces Monthly
• InfoSend Products Used: Data Processing Print and Mail West Valley Water District 909.875.1804 ext. 303
855 W. Base Line Jon Stephenson, M.B.A., Billing Supervisor Rialto, CA 92377 [email protected]
• Contracted Since: 2011
• Billing System: HTE
• Volume: 17,000 documents monthly
• InfoSend Products Used: Data Processing Print and Mail Also, please list how many government agencies have discontinued your services for any reason within the past 3 years and identify those that left due to a quality, production or breach of contract issue if any.

InfoSend provides document production services to over 650 public agencies. Most of these public agencies purchasing regulations require regular competitive procurement processes (e.g. RFP’s), some of which assign cost the greatest evaluation criteria. While InfoSend provides clients cost effective, yet sustainable prices, competitors (typically proposing to produce from lower cost states) have offered lower initial prices to win business with the intent of increasing prices over the term of the agreement. InfoSend has lost government agency clients based on pricing, with many returning to InfoSend in subsequent solicitations. InfoSend has never lost a client (government agency or private company) based on a quality, production or breach of contract in our 29 years in business.

SECTION 8 – Conflicts of Interest
Vendors submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect or potential conflicts of interest that may exist with respect to the vendor, management, or employees of the vendor or other persons relative to the services to be provided. If a vendor has no conflicts of interest, include a statement to that effect in the proposal.

InfoSend Inc., its management and employees assert that we have no actual, apparent, direct, indirect or potential conflicts of interest with regards to the Indio Water Authority.

DISCLOSURES AND ACKNOWLEDGEMENTS

InfoSend respectfully requests to revise the following provisions contained within the Authority’s Professional Services Agreement in a manner that is mutually agreeable to both parties. We look forward to discussing these with the Authority in further detail.

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InfoSend, Inc. | www.infosend.com Response to RFP for Indio Water Authority | 20 Section 4 COMPENSATION AND METHOD OF PAYMENT (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Authority, Authority will use its best efforts to cause Consultant to be paid pay Consultant within forty-five (45) thirty (30) days of receipt of Consultant’s correct and undisputed invoice.

Section 16 (a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to Authority) and hold harmless Authority and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that directly arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any negligence or willful misconduct on the part of Consultant , its officers, agen ts, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control, in the performance of Services goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control . Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negl igence or willful misconduct of the Indemnified Parties.

InfoSend also respectfully requests to revise the following provision contained within the Authority’s Disclosures and Acknowledgements. In light of current market conditions and uncertainty, InfoSend is unable to relinquish all control over potential future price increases.

3. Contract Period and Price Escalation: The selected Vendor shall be designated as IWA’s utility printing and mailing vendor for a minimum three-year period beginning when the contract is awarded, approximately July 1, 2025 and renewable annually. IWA shall reserve the right to award an optional two terms of one (1) year each. The fees proposed shall remain fixed for the initial three-year period. A price adjustment will be considered for each optional annual term on the anniversary date of the contract. A request for a price adjustment must be submitted in writing at least 90 days prior to the anniversary date of the contract ; IWA will be the sole judge of an acceptable annual price adjustment . If the parties are unable to agree on a price adjustment, either party may opt not to renew the Agreement without penalty.

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154

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

TO: LINDA REICH, CITY MANAGER
FROM: TERRY DOYLE, DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT

SUBJECT
..titl e
Contract Amendment - The Lincoln National Life Insurance Company. ..end

RECOMMENDATION
1) Approve a contract amendment with The Lincoln National Life Insurance Company to continue providing employee disability benefits through June 30, 2028, in the amount of $220,000 for a revised contract amount of $440,000 , and; 2) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds were included in the F Y 2026-27 Adopted Budget in the Risk Management program and will be included in the FY 2027-28 if approved. .

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

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

Revenue: Click or tap here to enter text.

Expenditure: 6305010-43535
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 155
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: CONTRACT AMENDMENT - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY.

PAGE: 2

BACKGROUND
The City of Chino has contracted with The Lincoln National Life Insurance Company (Lincoln) since F iscal Year 2023-24 to provide disability benefits and leave management services to employees. This partnership has benefited the City greatly by providing a dedicated point of contact for all disability benefits and leave management services.

Previously, City staff wou ld manage the disability leave process, including numerous, varied interactions with employees and employees’ physicians to obtain information and updates to qualify for an employee’s leave. Lincoln handles the entire process from start to finish, includin g issuing disability leave payments directly to employees. This has standardized the approval procedures for the City, resulting in an overall more efficient and improved leave management process.

ISSUES/ANALYSIS
Extending the agreement will allow the City to maintain continuity in the administration of employee disability benefits and leave management services. These services involve sensitive employee information, regulatory compliance requirements, and ongoing claim and leave case management that require consistent administration and support. Maintaining the current service provider minimizes operational disruption and ensures uninterrupted service to employees.

Staff recommends the City Council approve a contract amendment with Lincoln to increase compensation by $220,000, for a revised total contract amount of $440,000, and extending the agreement term through June 30, 2028.

Attachments: Lincoln Contract Amendment 3

156

01225.0001/863605.1

AMENDMENT NO. 3

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and The Lincoln National Life Insurance Company (together with its affiliates and subsidiaries) , a Third-party Administrative Service for leave Administration, Short- & long-term Disability (“Consultant”) is effective as of the 1st day of July 2026.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 1, 2024 (“Agreement”) whereby Consultant agreed to administer leave and Short-Term Disability administrative services & insurance carrier for Long-term Disability insurance coverage services.

B. On July 1, 2025, the City and Co nsultant entered into a first amendment to the Agreement to renew for one additional year and increase compensation.

C. On February 17, 2026, the City and Consultant entered into a second amendment to the Agreement to renew for one additional year and increase compensation.

D. City and Consultant now desire to amend the Agreement to increase compensation by $220,000 and extend the term.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) 2.1 Contract Sum. The Contract Sum is revised to read in its entirety as follows:

Subject to any limitations outlined in this Agreement, City agrees to pay the total compensation, including reimbursement for actual expenses, four hundred and forty thousand Dollars ($ 440,000) unless additional compensation is approved pursuant to Section 1.10.
(b) 3.2 Term
The term of this Contract/Agreement shall commence as of July 1, 2026, and continue through June 30, 2028.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 157

01225.0001/863605.1

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

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

[SIGNATURES ON FOLLOWING PAGE]

158

01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Terry Doyle, Department Director

LINCOLN:

The Lincoln National Life Insurance Company

By:

Name: Mark Higgins
Title: VP, Group Underwriting

Address: 8801 Indian Hill Dive
Omaha, NE 68114-4066

159

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Approve an appropriation of $150,000 from the General Fund balance for Development Engineering General Plan Check Services for Fiscal Year 2025-26. ..end

RECOMMENDATION
Appropriate $150,000 from the available General Fund (100) balance to the Development Engineering Program (1007010) for FY 2025-26 for additional General Plan Check Services provided by Bureau Veritas North America, Inc (Contract 202 4-066) with corresponding increase to the General Fund revenue estimates in the same amount ; and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $150,000 from the General Fund (100) to the Development Engineering Program (1007010) for FY 2025-26 for general plan check services. Plan check services are fully recovered through user fees charged to the developers ; therefore, staff will increase the FY 2025-26 revenue estimate for plan check revenue.

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

Revenue: Click or tap here to enter text.

Expenditure: 1007010 - 43570
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 160
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: APPROVE AN APPROPRIATION OF $150,000 FROM THE GENERAL FUND

BALANCE FOR DEVELOPMENT ENGINEERING GENERAL PLAN CHECK SERVICES FOR FISCAL YEAR 2025-26.

PAGE: 2

BACKGROUND
The City frequently receives development projects that require timely and thorough engineering plan review to ensure compliance with applicable City standards, codes, and engineering requirements. Due to fluctuating project volumes, specialized technical review needs, fast-track reviews, and the importance of maintaining efficient development processing timelines, the City utilizes on-call consulting support to supplement in -house engineering staff as needed. These services provide additional capacity and specialized technical expertise to assist with plan check review, coordination with applicants and design professionals, and compliance verification for public and private improvement projects.

ISSUES/ANALYSIS
The Public Works Department collects fees from developers for engineering plan check services associated with development activity. The requested appropriation is fully offset by developer paid plan check fees.

Engineering plan check activity ha ve exceeded prior budget projections during Fiscal Year 2025-26, resulting in the need for additional funding for consultant services through the fiscal year end. As a result, additional appropriations are needed to fund payments to Bureau Veritas North America, Inc. for engineering plan check services performed through the final two months of the fiscal year. T herefore, staff recommend that the City Council approve an appropriation of $150,000 to the Development Engineering Program for additional general engineering plan check services.

161

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Award Professional Services Agreements with Mark III Consultants, Inc. and Advanced Transportation Concepts Group, Inc. for Transportation Engineering On-Call Services. ..end

RECOMMENDATION
1) Award Professional Service Agreements with Mark III Consultants, Inc. (Exhibit A) for $300,000, and Advanced Transportation Concepts Group, Inc. (Exhibit B) for $300,000 for a five-year term for as needed transportation engineering services, and; 2) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds, in the amount of $60,000 per fiscal year for each contract, have been included in the FY 2026-27 Adopted Budget in the Transportation Engineering Program. Sufficient funds will be budgeted in future proposed Fiscal Year Operating Budgets for both agreements.

Revenue: Click or tap here to enter text.

Expenditure: 3207100 - 43650
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 162
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENTS WITH MARK III CONSULTANTS, INC. AND ADVANCED TRANSPORTATION CONCEPTS GROUP, INC. FOR TRANSPORTATION ENGINEERING ON-CALL SERVICES.

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BACKGROUND
The City’s Advanced Traffic Management System (ATMS) is a specialized communication network that integrates more than 150 traffic signals, 100 cameras, associated communication equipment, and the citywide fiber -optic system connected to the Traffic Management Center (TMC) at City Hall. This infrastructure supports daily traffic operations and provides essential communication services for multiple City departments.

Over the past 15 years, the City has expanded this system through development projects, capital improvement progra ms, and ongoing maintenance activities, establishing it as a vital utility that ensures reliable connectivity to facilities citywide. In addition to supporting Chino’s traffic signal system, the citywide network provides communication services for various municipal functions, including remote City facilities, City-owned utility sites, and City parks.

ISSUES/ANALYSIS
Advanced Transportation Concepts (ATC) was instrumental in the design, implementation, and on-going operation of the City’s traffic managem ent and communication systems. ATC developed the network architecture, established system standards, integrated communication technologies, and continues to provide specialized programming, troubleshooting, and technical support services. Due to their exte nsive knowledge of the City’s unique system configuration and infrastructure history, transitioning these services to another consultant would require significant time for system familiarization, increased costs, and will impact service reliability.

ATC also provides responsive support during emergencies and is readily available after hours and on weekends when critical system issues arise. Sole sourcing these services to ATC ensures continuity of operations, rapid response to system issues, and efficient m anagement of the City’s transportation and communication networks.

Mark III Consultants, Inc. (Mark III), has also played a critical role in the development, expansion, and maintenance of the City’s fiber optic and traffic signal communication systems.

Since the inception of the network, Mark III has provided design support, construction oversight, communication troubleshooting, IT support, and traffic engineering services, including traffic signal design and interconnect. Their extensive institutional know ledge and hands -on experience with the City’s infrastructure allow them to respond quickly to operational needs without the learning curve required of a new consultant. Mark III is also readily available after hours and on weekends to address urgent commun ication and infrastructure issues, helping minimize downtime of critical City services. In addition, their successful support in securing transportation grant funding has provided added value to the City. Sole sourcing these services to Mark III ensures co ntinued reliability of critical infrastructure, minimizes service disruptions, and provides cost-effective technical support for the City’s transportation network.

Staff recommend the City Council award Professional Service Agreements with Mark III Consultants, Inc. and Advanced Transportation Concepts Group, Inc., each in an amount of $300,000 over a five-year term, with annual expenditures estimated at $60,000 per fiscal year.

Attachments: Exhibit A – ATC PSA
Exhibit B – Mark III PSA

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Project Name/No.: On-Call Transportation Consultation Contract No.: ___________ I.T. Integration and Signal Design Services

Project Manager: PW/ Transportation Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
ADVANCED TRANSPORTATION CONCEPTS GROUP, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of July, 2026, (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Advanced Transportation Concepts Group, Inc. , a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 164
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 165
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

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

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

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

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 168
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Thousand Dollars and Zero Cents ($60,000) per fiscal year for a total contract amount not -to-exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

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

2.4 Invoices.

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

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

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2031, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

John Thai, P.E. President & Project Manager (Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 171
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Dennis Ralls, City of Chino, City Traffic Engineer or any other person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independ ent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 172
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 173
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 175
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 177
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 178
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 179
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 180
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 182
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 183
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials ______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, PE, Director of Public Works

CONSULTANT:

ADVANCED TRANSPORTATION
CONCEPTS GROUP, INC.:

By:

Name: John Thai
Title: President
By:

Name:

Title:

Address: 8 Glen Ellen
Irvine, CA 92602
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

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

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
186

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

SCOPE OF SERVICES
A. Fiber Optic Communications Design
Plan near and long-term communications vision for traffic engineering, Intelligent Transportation systems (ITS), law enforcement, and citywide IT applications.

Plan and design VLAN and connectivity to I.T.’s network.

Review traffic signal communications plans and schematics for Citywide projects including development projects.

Establish fiber quantity requirements and provide fiber communication plans and fiber termination schematics and specifications.

Determine how to intertie to live communication network without losing connectivity.

B. ITS Integration
Troubleshoot, furnish, program and install Ethernet switches.

Test integrity of fiber connectivity from field to TMC: end-to-end.

Furnish, program, and integrate traffic signal equipment and ITS devices.

C. Signal Design
Perform traffic signal design and communications design.

Perform design review for ITS applications including CCTV cameras, Red Light Violation Warning, License Plate Recognition, Dilemma Zone.

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01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

188

01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

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

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

FEE SCHEDULE
Staff Rate/Hr. Experience CA Professional Engineer
10+ Yrs 30+ Yrs
Principal ITS Engineer $180.00 X Electrical, Traffic
Sr. Design Engineer $125.00 X Civil
Sr. Design Engineer $125.00 X Civil

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01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

191
Project Name/No.: On-Call Transportation Consultation Contract No.: ______________ Communication Design, I.T. Integration,
Signal Design Services, and T.M.C

Project Manager: PW/ Transportation Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
MARK III CONSULTANTS, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of July, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Mark III Consultants, Inc. , a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated 192
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herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing 193
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wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

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

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

1.6 Familiarity with Work.

1.7 Software and Computer Services.

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

1.9 Further Responsibilities of Parties.

1.10 Additional Services.

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 196
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Thousand Dollars and Zero Cents ($60,000) per fiscal year for a total contract amount not -to-exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

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

2.5 Waiver.

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

2.6 Contingency of Funds.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

3.4 Term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

Mark Ha Project Manager
(Name) (Title)

Eduardo Lopez Principal
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 199
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of the Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced, nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.

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

4.2 Status of Consultant.

4.3 Project Manager.

The Project Manager shall be Dennis Ralls , City of Chino, City Traffic Engineer or any other person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independ ent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 200
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 201
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 203
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 205
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 206
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.2 Disputes; Default.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 207
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Liquidated Damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 208
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 210
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

9.3 Counterparts.

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

9.4 Integration; Amendment.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 211
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, Director of Public Works

CONSULTANT:

MARK III CONSULTANTS, INC.

By:

Name: Eduardo Lopez
Title: Principal Engineer

By:

Name: Mark Ha
Title: Project Manager

Address: 148 Trellis Ln.

Irvine, CA 92620
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

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

II. All work products are subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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01225.0001/863604.2 A1-1
EXHIBIT “A-1”
Scope of Services
I. Geographic Information Systems (GIS) Documentation of Traffic Systems • Provide assistance in organizing and documentation of timing sheets, field inventory, communication schema, fiber optic splices, terminations, and other traffic systems to the City’s preferred format.
• Development of Geographic Information Systems (GIS) datasets based on historical and collected data inventory.
• Design and implementation of formatted shapefiles and feature sets in ArcGIS or Geographic Information Systems (GIS) Compatible application. • Support and maintenance of documentation
• Produce maps and exhibits as needed.

II. Communications Design
• Preparation of schematics and plans for communication systems including fiber optic, copper, and wireless networks.
• Design near – and long-term master communications for traffic engineering, Intelligent transportation Systems (ITS), law enforcement, and Information Technology (IT) applications.
• Plan and design network schemes and connectivity to existing network. • Design interconnect network to maintain connectivity during construction.

III. Intelligent Transportation System (ITS) Integration • Procurement and integration of Intelligent Transportation Systems (ITS) devices including cameras, switches, and other equipment.
• Test, troubleshoot, and integrate fiber network.

IV. Design
• Preparation of construction documents such as plans, specifications, and estimates as it relates to design of Intelligent Transportations Systems (ITS) devices, such as: cameras, video detection, switches, red light violation warning, license plate recognition, and others.
• Survey and design communications systems.
• Preparation of traffic signal design, signing, and striping plans where required by scope of work.

V. Traffic Management Center (TMC) Integration
• Support for Traffic Management Center (TMC) systems including hardware and software procurement and integration.

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VI. Additional Services
• Provide staff support as needed for:
o Preparation of project grant application documents.
o Extension of staff as it relates to Traffic Management Center (TMC) support for traffic management and traffic signal operations, construction event management, and special event management.
o Preparation of special intersection operational analyses and monitoring. o Design of traffic signal synchronization plans and preparation of before and after traffic signal synchronization measures of effectiveness.

216

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

217

01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

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

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01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Award a Professional Services Agreement to  Mariposa Landscapes, Inc. for  Landscape Maintenance Services for Medians and Reservoir Sites.
..end

RECOMMENDATION
Award a Professional Services Agreement for $ 489,680.60 to Mariposa Landscapes, Inc., Irwindale, CA for a five -year term for Landscape Maintenance Services for Medians and Reservoir Sites; and authorize the City Manager to execute all ne cessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds have been included in the FY2026-27 Adopted Budget in the following programs.

Fund Annual Amount Total 5-Year Amount
Medians & Parkways (100) $72,616.72 $363,083.60
Water Services (520) $25,319.40 $126,597.00
Total $97,936.12 $489,680.60

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

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CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO MARIPOSA LANDSCAPES, INC. FOR  LANDSCAPE MAINTENANCE SERVICES FOR MEDIANS AND RESERVOIR SITES.

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure: 1007230-43580 & 5207300-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 222
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO MARIPOSA LANDSCAPES, INC. FOR  LANDSCAPE MAINTENANCE SERVICES FOR MEDIANS AND RESERVOIR SITES.

PAGE: 3

BACKGROUND
The City maintains numerous landscaped median islands and reservoir sites throughout the community that require ongoing maintenance to preserve public safety, support a well maintained street visibility for motorists and pedestrians, and enhance the City's overall appearance. Routine maintenance activities include mowing, weed and pest control, trimming, irrigation system inspections and repairs, litter removal, and general landscape upkeep.

Due to the frequency and scope of services required at many of these locat ions, including multiple service visits per week, the City has historically utilized contract landscape maintenance services to supplement in-house operational staff. Contracted services provide the specialized equipment, staffing resources, and operationa l flexibility necessary to maintain these sites in a safe, efficient, and aesthetically pleasing condition.

Current Public Works staffing levels are dedicated to maintaining existing service demands and operational responsibilities throughout the City. The addition of regular median and reservoir landscape maintenance services to in -house operations would exceed available staffing capacity and would require the hiring of additional personnel, as well as the purchase of equipment and associated resources. To ensure continued, consistent maintenance of these sites in a cost -effective and efficient manner, the City issued a competitive Request for Proposals (RFP) to solicit qualified firms to provide landscape maintenance services for the City's medians and reservoir sites.

ISSUES/ANALYSIS
On May 7, 2026, the City released a Request for Proposals (RFP No. 2026-0015) for "Landscape Maintenance Services for Medians and Reservoir Sites" via PlanetBids, in accordance with City procurement policies. The City received eleven (11) proposals by the closing date of June 4, 2026.

A review committee, consisting of City staff, evaluated proposals separately to maintain confidentiality and fairness. Staff then scored these proposals using the following weighted criteria:
 Experience/Qualifications: 25%
 Past Performance/References: 25%
 Plan Methodology/Project Approach: 20%
 Quality and Responsiveness of Proposal: 15%
 Cost Evaluation: 15%

While cost is considered in the evaluation process, selection is not based solely on price.

Instead, the City em phasizes overall qualifications, demonstrated performance, technical capability, and responsiveness to ensure the selected contractor can provide reliable, high - quality landscape maintenance services that meet the City's operational needs and maintenance standards.

Following evaluation, Mariposa Landscapes, Inc. received the highest average score and is recommended for contract award. Mariposa Landscapes, Inc. also provided a most robust staffing plan compared with competitors.
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CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO MARIPOSA LANDSCAPES, INC. FOR  LANDSCAPE MAINTENANCE SERVICES FOR MEDIANS AND RESERVOIR SITES.

PAGE: 4

Evaluation Results:

RANKING CONTRACTOR
1 Mariposa Landscapes, Inc.
2 Landscape West Management Services, Inc.
3 Merchants Landscape Services, Inc.
4 EMTS, Inc.
5 MCE Corporation
6 Inland Empire Landscape, Inc.
7 New Generation Landscape Management, Inc.
8 Azteca Landscape
9 Tropical Plaza Nursery, Inc.
10 J. Orozco Enterprises, Inc.
11 Greenfield Landscaping and Maintenance, Inc.

Staff requests City Council approval to award a Professional Services Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance Services for Medians and Reservoir Sites for a five-year term from FY2026 -27 through FY2030-31 in the amount of $ 489,680.60 (fixed annual amount of $97,936.12).

Attachment: Professional Services Agreement – Mariposa Landscapes, Inc.

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Project Name/No.: Landscape Maintenance Services Contract No.: ____________ For Medians and Reservoir Sites

Project Manager: PW / S. Parra Approved: ____________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
MARIPOSA LANDSCAPES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of July, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and MARIPOSA LANDSCAPES, INC., a California Corporation (“Contractor ”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

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

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, 225
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experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Contractor ’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 226
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

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

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

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

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

1.9 Further Responsibilities of Parties.

1.10 Additional Services.

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

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 229
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Eighty -Nine Thousand Six Hundred Eight y Dollars and Sixty Cents ($489,680.60) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

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

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 230
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor ’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 231
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reference. When requested by the Contractor , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor ’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor .

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 232
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Contractor .

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

4.3 Project Manager.

The Project Manager shall be the Public Works Services Manager or any other person as may be designated by the Project Manager. It shall be the Contractor ’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

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

4.4 Independent Contractor .

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor ’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become 233
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or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor .

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor , taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Contractor ’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 234
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(d) Workers’ compensation insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor , its agents, representatives, employees or subContractor s. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subContractor s.
(g) Enforcement of contract p rovisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor ’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its sub Contractor s, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor . Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 236
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of this section. Contractor agrees that upon request, all agreements with Contractor s, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor ’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor 238
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agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor . Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor , its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor , or any officer, employee, agent or subcontractor of Contractor , provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor ’s conduct. 239
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(d) Contractor shall promptly notify City should Contractor , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor . However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor ’s acts or omissions in performing or failing to perform Contractor ’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor , or any indebtedness shall exist which shall appear 240
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 241
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Contractor , except that where termination is due to the fault of the Contractor , the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non - terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor .

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 243
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Contractor , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 244
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Contractor ’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, Director of Public Works

CONTRACTOR :

MARIPOSA LANDSCAPES, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:15529 Arrow Highway
Irwindale, CA 91706

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 246

01225.0001/863604.2 A-1
EXHIBIT “A”

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

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

247

01225.0001/863604.2 A-2
EXHIBIT “A-1”

SCOPE OF SERVICES

M
LI will perform all landscape maintenance services as specified in RFP Section F and Exhibit D. The scope below tracks every major category in the RFP.

Site Cleanliness & Hardscape
• Weekly hardscape sweep, blow-off, and vacuuming of all median and reservoir surfaces • Removal of all litter, flyers, decorations, and advertisements from light poles and fixtures • Concrete V-drains, drainage facilities, and grates kept free of vegetation, debris, and algae • Monument and sign wipe-down with clean, non-abrasive cloth • All contractor- and user-generated trash removed and disposed of off-site by end of each service day
Tree Maintenance (Up to 18 Feet)
• Annual trimming, shaping, and thinning per ANSI A300 (2023-2024 consolidated) and ISA Western Chapter pruning standards
• Clearance: 8 ft over pedestrian walkways; 12 ft above curb and gutter for vehicular traffic • Sucker and sprout removal; stake and tie replacement using 2" pressure-treated wood stakes and V.I.T. 32" vinyl straps
• Final cuts made without stubs to promote callous growth; no topping without City written approval
• ISA-qualified English-speaking arborist on-call; on-site within 30 minutes of contact • Pruning tools disinfected with alcohol or bleach between cuts on fungus/disease -infected material
• All trimmings and debris removed and disposed off-site by end of each work day Turf Maintenance
• Mowing with rotary mowers at species-appropriate heights (Perennial Rye: 1.5–2.5"; Tall Fescue:

1.75–2.5"; Bermuda: 0.25–1.0"; St. Augustine: 2.0–3.0"); no more than 1/3 of blade removed per cut
• Mechanical edging concurrent with every mow; chemical edging with non -restricted materials only where mechanical methods are impractical
• All clippings collected and removed before end of service day • Annual dethatch/scalp (Oct 1 – Nov 30); bi-annual aeration (Mar 15 – Apr 15 and Oct 15 – Nov 15), as needed.
• Annual overseed Oct 30 – Nov 30 using perennial rye; City notified 14 days in advance, as needed. • Granular fertilization (Turf Gold 22 -5-6) on 90 -day cycles at 1 lb. nitrogen per 1,000 sq. ft. , as needed.
248

A-3

Shrub, Ground Cover & Plant Maintenance
• Regular pruning to contain size within planter limits and maintain horizontal clearance along all walkways, trails, and fence lines
• Ground cover fertilization with Landscape Color 14 -14-14 during first week of April and November, as needed.
• Re-apply mulch at existing mulched areas. Keep mulch at 3”. supplied by MLI • Plant material loss reported to City within 24 hours; any plant not reported becomes MLI's replacement responsibility
• Annuals replaced a minimum of three times per year or as directed Irrigation System Management
• Full system test and inspection monthly; schedule submitted at contract start and updated for any changes
• Monthly irrigation schedule submission (station number, water time, cycle -start time, damage/repair log).
• Emergency irrigation shutdown response within 30 minutes; emergency repairs within 1 hour; routine repairs within 24 hours
• All replacement components must be high-efficiency products approved by Public Works Services Manager
• All minor irrigation damage costs borne by MLI; MLI also responsible for any plant loss from under/over-watering
Weed, Disease & Pest Control
• Pre-emergent crabgrass control applied Jan 15 – Feb 15 in all fescue areas • Broadleaf pre-emergent applied Nov 1 – 30 citywide
• Broad-spectrum fungicide applied in December and June at manufacturer-recommended rates • Post-emergent applications as needed year-round to maintain weed-free condition • All gopher mounds removed
• All applications conducted under supervision of a Certified Applicators (QAL) under MLI's in-house licensed PCA; NOI filed with County 7 days prior; records retained minimum 2 years Technical Approach & Methods
Crew Deployment & Local Operations Base
MLI operates a dedicated yard facility at 13333 S. Central Ave, Chino, CA 91710 — approximately 400 feet from one of the contracted median sites. MLI has operated continuously from this location for over three years. This proximity directly benefits the City: crew mobilization is near -instant, emergency response times are minimized, equipment and materials are staged on-site, and there is no meaningful travel delay between the yard and any median or reservoir site in the contract area.

MLI proposes a dedicated 2 -person crew servicing all designated median and reservoir sites 2 days per week on a fixed, City -approved schedule (Monday–Friday). The same crew will be assigned consistently to build site familiarity and a clear sense of owners hip. A bilingual crew leader/foreman will be present on-site. The account manager will accompany City representatives on the required weekly inspection tour.

Supervision, Reporting & Communication
MLI's designated Contractor Representative (Account Manager) will be accessible Monday–Friday during regular business hours. The Account Manager will contact the City's Public Works Services Manager or designee daily to submit Daily Activity Maintenance Reports, return public calls, and address any emerging issues. All reports will document scope, location, personnel, and any observations requiring City attention — in a format pre-approved by the Public Works Services Manager. 249

01225.0001/863604.2 A-4

Chemical Application Protocol
All chemical programs are developed and overseen by MLI's in-house licensed Pest Control Advisor (PCA).

The PCA writes all weed control and pest management recommendations. Our team will file all Notices of Intent with the City and San Bernardino County Department of Agriculture (minimum 7 days in advance), and maintains the required application records for a minimum of 2 years. No restricted or non-restricted material is applied without prior written City authorization. Spray pattern colorant is used as directed.

Drift is controlled to within 6 inches of target areas.

Traffic Control
All median operations comply with the W.A.T.C.H. handbook (latest edition). Lane closure permits are obtained from the City's Traffic Engineer no less than 7 days prior to any closure. Illuminated arrow boards, delineators, and signage are deployed at all roadway-adjacent work sites. No material or equipment will obstruct traffic lanes at end of day.

Emergency Response
MLI maintains 24/7 emergency contact availability. Qualified personnel and equipment will be dispatched to reach any site within 1 hour of an after-hours emergency call. For irrigation emergency shutdowns, MLI will respond within 30 minutes. The City will be provided current contact names and phone numbers for emergency response, updated in writing within 12 hours of any change.

Service Area Metric Standard
Turf Mowing Completion vs. schedule 100% on scheduled day Irrigation Monthly inspection 100% of systems tested monthly Emergency Response On-site arrival Within 1 hour of City call Deficiency Correction Time to resolve Within 48 hours of notice Rodent/Pest Control Gopher mound removal Within 24 hours of observation Irrigation Shutdown Emergency shutdown Within 30 minutes Complaint Resolution Response & correction Within 48 hours Chemical NOI Advance notice to City/County 7 days prior to application Performance Benchmarks
MLI operates on a performance -based work ethic. The benchmarks below are aligned to the RFP's contractual standards and reflect our internal service targets — not just contractual minimums.

MLI will conduct an internal self-inspection of all sites weekly prior to the City's joint inspection, allowing deficiencies to be resolved proactively. The crew leader will document and report any deferred maintenance, plant loss, or system damage to the City within 24 hours of discovery. 250

01225.0001/863604.2 A-5

Innovation
GPS Fleet & Crew Tracking
Majority of MLI service vehicles are GPS -tracked, and all field staff use a GPS -enabled timecard system.

This provides real-time visibility into crew location, time on -site, and route adherence. MLI can provide the City with periodic location and time-on-site reports upon request.

Smart Irrigation Upgrade Capability
MLI has in-house capability to design and install weather-based (ET) smart irrigation controllers where the City determines an upgrade is beneficial. These systems automatically adjust run times based on evapotranspiration data, reducing water consumption and preventing over - or under -watering. In addition, our team consist of numerous Certified Water Manager ( CWM), wh o is able to improve or maximize the efficiency of water usage. Upgrades would be executed via change order, with all equipment selections pre-approved by the Public Works Services Manager In-House Licensed Pest Control Advisor
MLI employs 2 licensed PCA directly on staff — not as an outside consultant. This means weed control and pest management programs are integrated into daily operations with no scheduling lag. The PCA can assess new pest or disease observations the same day they are iden tified and provide written recommendations to the City promptly, accelerating the authorization and treatment cycle. 251

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

252

01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
253

01225.0001/863604.2 C-2
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION
Central Ave. between Chino Ave. & Riverside Dr.
6,662 sq. ft. hardscape
8,636 sq. ft. artificial turf
1,233 sq. ft. planter
TOTAL: 16,531 sq. ft. TOTAL
Central Ave. between Riverside Dr. & Walnut Ave.
5,800 sq. ft. hardscape
3,025 sq. ft. artificial turf
135 sq. ft. planter
TOTAL: 8,960 sq. ft. TOTAL
Central Ave. between Walnut Ave. & Philadelphia St.
6,830 sq. ft. hardscape
8,057 sq. ft. artificial turf
1,412 sq. ft. planter
TOTAL: 16,299 sq. ft. TOTAL
Central Ave. between Philadelphia St. & Francis Ave.
6,482 sq. ft. hardscape
10,229 sq. ft. artificial turf
980 sq. ft. planter
TOTAL: 17,691 sq. ft. TOTAL
Central Ave. between Francis Ave. & Phillips Blvd.
4,732 sq. ft. hardscape
17,300 sq. ft. artificial turf
165 sq. ft. planter
TOTAL: 22,197 sq. ft. TOTAL
Philadelphia St. between Central Ave. & Benson Ave.
8,327 sq. ft. hardscape
6,332 sq. ft. artificial turf
539 sq. ft. planter
TOTAL: 15,198 sq. ft. TOTAL
M-1
(9 Medians)
(1 Monument)
M-2
(7 Medians)
M-3
(4 Medians)
(2 Monuments)
M-4
(5 Medians)
M-5
(3 Medians)
(1 Monument)
M-6
(5 Medians)
(1 Monument)
-$
$
$
$
$
$
$
-$
$
$
-$
-$
$
$

LOCATION PRICE

PER MONTH
$
$
SITE
$
$
-$

CATEGORY I - MEDIANS
$
$
-$
$
$
111.66
231.23
182.52

97.21 81.00

22.76 114.48
215.73
192.76
108.64
273.89

69.98 79.31
463.22

34.14 139.57
169.54

51.78 525.41
200.97
522.97
452.51
576.67
360.89
254

01225.0001/863604.2 C-3

Walnut Ave. between Central Ave. & Tenth St.

Median Shrubs
633 sq. ft. hardscape
72 sq. ft. planter
TOTAL: 705 sq. ft. TOTAL
800 sq. ft. hardscape
448 sq. ft. artificial turf
220 sq. ft. planter
TOTAL: 1,468 sq. ft. TOTAL
Tenth St. between Guardian Way & Walnut Ave.
294 sq. ft. planter
TOTAL: 294 sq. ft. TOTAL
Guardian Way between Vernon Ave. & Saybrook Ave.
1,890 sq. ft. planter
TOTAL: 1,890 sq. ft. TOTAL
Edison Ave. between Central Ave. & Oaks Ave.
4,975 sq. ft. hardscape
4,194 sq. ft. artificial turf
9,404 sq. ft. planter
TOTAL: 18,573 sq. ft. TOTAL
Edison Ave. between Oaks Ave. & Mountain Ave.
1,357 sq. ft. hardscape
402 sq. ft. artificial turf
2,604 sq. ft. planter
TOTAL: 4,363 sq. ft. TOTAL
Edison Ave. between Mountain Ave. & Cypress Ave.
990 sq. ft. hardscape
954 sq. ft. artificial turf
1,638 sq. ft. planter
TOTAL: 3,582 sq. ft. TOTAL
*All medians with artificial turf will be maintained once per week (Wednesday or Thursday).

M-10
(1 Median)
M-11
(2 Medians)
M-12
(2 Medians)
M-13
(1 Medians)
M-7
(2 Medians)
M-8
(2 Medians)
(1 Monument)
M-9
(1 Median)
$

TOTAL PRICE FOR MEDIANS PER MONTH

TOTAL PRICE FOR MEDIANS ANNUALLY

MAINTENANCE PRICE PER SQUARE FOOT, FOR ADDITIONAL AREAS ADDED TO THE AGREEMENT $
$
$
-$
Ramona Ave. between Chino Hills Pkwy. & Corporate
Center Ave.
$
$
-$
-$
$
$
$
$
-$
$
$
$
-$
$
$
-$
$
$
$
-$
$

10.61 22.76

13.41 12.00
348.32

22.76 156.01

83.38 112.30
1,137.93

22.74 10.76
287.67

16.59 25.54
295.86

0.041 / month
5,218.06
62,616.72

33.37 373.73

22.76 156.01
1,333.61
321.17
337.99
255

01225.0001/863604.2 C-4

11840 Benson Ave.
(Benson south of Francis)
5251 Phillips Blvd.
(S/W/C of Phillips & Central)
10762 State St. (Montclair)
(S/W/C of State & Benson)
Eastside Water Treatment Plant
7537 Schaefer Ave., Ontario, 91762
13351 Mountain Ave.
(Westside of Mountain View Park)
R-3
R-4
R-5
E.S.T.P.

W-19

TOTAL PRICE FOR RESERVOIRS & WELL SITE ANNUALLY

MAINTENANCE PRICE PER SQUARE FOOT, FOR ADDITIONAL AREAS ADDED TO THE AGREEMENT $
TOTAL ANNUAL PRICE FOR MEDIANS, RESERVOIRS, AND WELL SITES $ $
$
$

CATEGORY II - RESERVOIRS AND WELL SITES
5,625
$
$

TOTAL PRICE FOR RESERVOIRS & WELL SITE PER MONTH

LOCATION
(PERIMETER LANDSCAPE) SQ. FT.RESERVOIR
SITE NO.

PRICE

PER MONTH

LOCATION
(PERIMETER/INTERIOR LANDSCAPE)
WELL
SITE NO. SQ. FT. PRICE

PER MONTH
2,430
14,950
4,800
25,000
$
$

0.041/ month
87,936.12
257.29
900.00

22.76 702.31
227.59
2,109.95
25,319.40

A
S-NEEDED EXTRAORDINARY ANNUAL AMOUNT $
1 0,000.00
256

01225.0001/863604.2 C-5

EXTRA WORK

ADDITIONS TO THE SYSTEM

COST FOR ADDITIONAL

ITEMS AT VARIOUS

LOCATIONS

ADDITIONS TO THE SYSTEM (PER SQUARE FOOT)
Litter & Debris Pick up
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Reseeding
Shrub Pruning
Tree trimming
Turf Mowing
Vine & Hedge Trimming
Fertilization of Turf, Shrubs, & Ground Cover
Ground Cover Trimming
Hard Surface Cleaning
Hard Surface Power Wash
Overseeding
Additions to the system as needed and requested by the City. Price per square foot is required and shall be entered on the appropriate line for each Proposal Category.

Aeration
Artificial Turf Maintenance
Dethatching

EQUIPMENT PRICE PER HOUR
Pickup Truck
Flatbed Truck
Additional Equipment classifications:
$
$
$
$
Foreman/Crew Leader
Worker/labor
Irrigation Specialist
Additional employee classifications:

LABOR PRICE PER HOUR
$
$
$
To be paid on a time and materials basis. Total price, in writing, will be required before authorization of Work in this category.

65.00 48.00

75.00 Tree Trimmer
120.00

13.00 15.00
Per request

0.02/ sq ft

0.03/ sq ft/ month

0.04/ sq ft

0.02/ sq ft

0.02 / sq ft/ month

0.03/ sq ft/ month

0.05/ sq ft/ month

0.045/ sq ft

0.03 / sq ft/ month
N/A per Sq Ft $120.00/ Hr

0.01 / sq ft/ month

0.03 / sq ft/ month

0.02 / sq ft/ month
257

01225.0001/863604.2 C-6

EXTRAORDINARY WORK
Emergency Work Call-Out $
$
$
$
$
$

UNIT PRICE
$
Materials will be reimbursed at Contractor's cost or purchased by the City and supplied to the Contractor at the discretion of the Public Works Services Manager. $
$
$

UNIT DESCRIPTION
Individual Tree Trimming
Complete Tree and Stump Removal
Stump Removal Only
Tree Planting
15 Gallon With Root Barrier
15 Gallon Without Root Barrier
24 Gallon With Root Barrier
24 Gallon without Root Barrier
Watering
350.00 each

60.00 / Diameter inch

17.00 / Diameter Inch
Per Proposal (varies)
220.00 each
120.00 each
650.00 each
550.00 each

75.00 per hour
100.00 per hour
258

01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

259

01225.0001/863604.2 D-2
EXHIBIT “D-1”

SCHEDULE OF PERFORMANCE

Weekly Service Schedule
MLI proposes a 2-person dedicated crew servicing all designated areas 2 days per week on a fixed schedule approved by the City prior to contract commencement. The structure below illustrates the proposed service day allocation. Exact days of the week will be confirmed with the Public Works Services Manager at the kick-off meeting.

Visit Day (Per approved) Service Type Hours Notes
Day 1 (Mon/Tue) Turf mowing, edging,
clipping removal
7:00 a.m. – 4:00 p.m. Per City operating hour
requirements
Day 1 (cont.) Hardscape blow -off, litter
removal, drain check
Concurrent All areas cleared same day
Day 2 (Thu/Fri) Irrigation check, weed
control, shrub/tree care
8:30 a.m. – 3:00 p.m. (major
streets)
Traffic control deployed as
required
Day 2 (cont.) Pest inspection, spot
treatments, reporting
Concurrent Daily Activity Report
submitted

Annual Maintenance Schedule
The table below identifies all required maintenance tasks, their frequency, and the quarters in which they are performed. Filled circle (●) = task performed this quarter; half circle ( ◑) = task performed in specific months within the quarter; dash (–) = not scheduled this quarter. All seasonal task dates comply with RFP Section F specifications.

Task Frequency Jan–Mar Apr–Jun Jul–Sep Oct–Dec
Mowing & Edging (turf areas) Weekly ● ● ● ●
Hardscape Sweep / Blow-off Weekly ● ● ● ●
Litter & Debris Removal Weekly ● ● ● ●
Irrigation Walk-through Check Weekly ● ● ● ●
Drain & Grate Inspection Weekly ● ● ● ●
Full Irrigation System Test Monthly ● ● ● ●
Irrigation Schedule Submission Monthly ● ● ● ●
Weed Control (pre/post-emergent) Monthly ● ● ● ●
260

01225.0001/863604.2 D-3

Task Frequency Jan–Mar Apr–Jun Jul–Sep Oct–Dec
Pest/Rodent Inspection &
Treatment
Monthly ● ● ● ●
Daily Activity Reports to City Every visit ● ● ● ●
Shrub & Ground Cover Pruning As needed /
quarterly
● ● ● ●
Tree Trimming (up to 18 ft)
(clearance)
1× per year – ● – –
Pre-Emergent Crabgrass (fescue) Jan 15–Feb
15 ● – – –
Broadleaf Pre-Emergent Nov 1–30 – – – ●
Broad-Spectrum Fungicide Dec & Jun ◑ ◑ – ◑
Fertilization – Turf (90-day cycle) 4× per year ● ● ● ● Fertilization – Trees & Shrubs Apr & Nov – ● – ●
Fertilization – Ground Cover Apr & Nov – ● – ●
Aeration 2× per year ◑ ◑ – ●
Dethatch / Scalp Oct 1–Nov 30 – – – ●
Overseed (perennial rye) Oct 30–Nov
30 – – – ●
Smart Irrigation Seasonal Adjust Spring & Fall – ● – ●

All proposed schedule modifications — including those due to inclement weather — will be submitted to the Public Works Services Manager for approval prior to implementation. Missed turf maintenance operations due to weather will be rescheduled and complete d within 3 working days. Operations not completed within the required timeframe will be deducted from the monthly billing statement per RFP Section F requirements.

261

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 7, 2026

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

SUBJECT
..titl e
Acceptance of State Department of Resources, Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program (TRP18) Grant Funds.
..end

RECOMMENDATION
1) Authorize the acceptance of the State Department of Resources, Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program (TRP18) grant funds in the amount of $138,525; 2) establish Grant No. G7806; 3) appropriate $39,750 to the Traffic Installation – Monte Vista Avenue at Walnut Avenue Project (TR212) and appropriate $8,400 to the Pavement Improvements Zone 1 and Cypress Avenue Project (ST260); and 4) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $39,750 to Capital Improvement Program (CIP) Project TR212 and an appropriation of $8,400 to CIP Project ST260 from Grant No. G7806.

Revenue: 5507380-59500-G7806

Expenditure: 5507380-40010-G7806
Transfer In: Transfer Out: Click or tap here to enter text. 262
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ACCEPTANCE OF STATE DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE) RUBBERIZED PAVEMENT GRANT PROGRAM (TRP18) GRANT FUNDS.

PAGE: 2

BACKGROUND
CalRecycle administers the Rubberized Pavement Grant Program to encourage the use of recycled waste tires in roadway projects throughout California. Established as part of the State’s waste tire recycling efforts, the program provides funding to local agencies that use rubberized asphalt in pavement rehabilitation and roadway improvements. By supporting the use of recycled tire materials, the program helps reduce landfill waste, promotes sustainable construction practices, and improves roadway infrastructure across the state.

ISSUES/ANALYSIS
On September 8, 2025, City staff applied for CalRecycle’s Rubberized Pavement Grant Program (TRP18) to fund eligible pavement rehabilitation projects. The application included pavement work on Monte Vista Avenue as part of the T raffic Signal Installation – Monte Vista Avenue at Walnut Avenue Project (TR212), on Cypress Avenue as part of the Pavement Improvements Zone 1 and Cypress Avenue Project (ST260), and future improvements on Edison Avenue and Chino Avenue as part of Pavemen t Improvements Zone 2 . Eligible work under TR212 focuses on Monte Vista Avenue between Harrison Street and Riverside Drive, while ST260 includes improvements along Cypress Avenue from Walnut Avenue to the cul -de- sac south of State Route 60. On January 20, 2026, CalRecycle notified the City that the project was selected for a funding award of $138,525.

Staff recommend that the City Council accept the grant award for pavement improvements and appropriate $39,750 to Project TR212 for Monte Vista Avenue and $8,400 to Project ST260 for Cypress Avenue. The remaining grant funds will be brought forward for appropriation at a future date when the Edison Avenue and Chino Avenue pavement improvements project is presented to City Council. Based on the grant guid elines and award amount, the City will submit a reimbursement request upon completion of the eligible project work.

Attachment: Exhibit A – Grant Application and Award Summary

263
Application
Application Information
Applicant:

City of Chino
Cycle Name:

Rubberized Pavement Grant Program
Application Due Date:
9/11/2025
Cycle Code:

TRP18
Secondary Due Date:
10/21/2025
Grant ID:
33281
Grant Funds Requested:
$138,525.00
Matching Funds:
$0.00
(if applicable)
Awarded Funds:
$138,525.00
Project Summary:

1. TR212 - Traffic Signal Installation (Monte Vista @ Walnut): Construction Scheduled from November 2026 to March 2027, using 2,650 tons of RAC Hot-mix.

2. ST252 - Cypress Avenue Rehab: Scheduled from February 2026 to April 2026, using 560 tons of RAC Hot-mix.

3. Pavement Improvements Zone 2: Scheduled from August 2026 to November 2026, using 6,025 tons of RAC Hot mix.

Total RAC Hot-mix usage across all projects: 9,235 tons Applicant/Participant
Name:

City of Chino
Lead:

X
Federal Tax ID:

Jurisdiction:

Chino
County:

San Bernardino
Contacts
Prime
Second
Auth
Cnslt
Steven Galindo
Title: Management Analyst
X
Public Works

13220 Central Avenue

Chino, Ca 91710
Phone: 9093343477

Fax:

Email: [email protected]
Michelle Chapman
Title: CIP Engineering Manager
X
Public Works

13220 Central Avenue

Chino, CA 91710
Phone: 9093343389

Fax:

Email: [email protected]
Hye Jin Lee
Title: Director of Public Works
X
Public Works

13220 Central Avenue

Chino, CA 91710
Phone: 9093343535

Fax:

Email: [email protected]
Budget
Category Name
Amount
Materials
$138,525.00
No Site Information Provided
Documents
Document Title
Received Date
Required
Application Certification
City of Chino Application Certification
9/8/2025
Project Summary & Calculation
City of Chino Project Summary & Calculation
9/8/2025
Project Summary & Calculation
Approved Project Summary & Calculation
12/16/2025
Required By Secondary Due Date
Generated By: Steven Galindo
Grants Management System (GMS)

Page 1 of 2 ends

Chino City CouncilJuly 7, 2026

Chino City Council
July 7, 2026