AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRUCTION
CONTRACTORS
1555
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been designed to pro vide Contractors with in formation necessary to comply with Federal regulati ons found under Title 41, Part 60 of the Code of Federal Regulations. It is the intent of these guidelines to ensure that equal opportunity for
employment is practiced by t he Contractor without regard to race, color, sex, re ligion, nati onal origin, disabi lity, and veteran’s status. These guidelines provide the minimum information necessary to comply with EEO and affirmative action requirements, including the preparation of an
Affirmative Action Plan that complies with federal regulations regarding Affirmati ve A ction for federally assisted projects.
Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) offic er for any ne cessary technical assistance in meeting Affirm ative Action
requirements if they are considering bidding under this contract.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principles:
1. Discrimination beca use of race, color, age, sex,
religion, national or igin, marital status, disability, or veteran’s status is inconsistent wit h the
constitution, laws, and policies of the United
States, State of California a nd San Bernardino
County.
2. The i mplementing entity is committed to e nsure
that there be no disc rimination by vendors,
Contractors (including professional services and
consultants), lessors, or lessees doing business
with the implementing entity.
3. Contractors and Subcontractors agree to take
affirmative personnel actions to hire and promote
workers who traditionally have been discriminated
against in the job market, including women,
minorities, members of certain ethnic and
religious groups, individuals with disabilities, and
veterans.
B. Affirmative Action S tep Requirements for
CONSTRUCTION Contractors and Subcontractors:
1. Personnel affirmative action in recruitment, hiri ng, and promotion is required by Contractor and
Subcontractors who have entered into a federally
assisted construction or non-c onstruction contract
that exceed $10,000 or $10,000 in t he aggregate
over a 12-month period.
2. Contractors and Subcontractors who enter into a
CONSTRUCTION CONTRACT in excess of
$10,000 must take 16 specific affirmative action
steps to e nsure equal empl oyment o pportunity.
These steps are included in 41 CFR 60-4.3 (a) (7)
and are also included under "Standard Federal
Equal Employment Opportunity Construction
Contract Specifications" of Attachment "D " of the
bid package.
C. Affirmative Acti on Plan r equirements for N ON-
CONSTRUCTION Contractors:
1. All Contractors who h ave entered into a NON-
CONSTRUCTION CONTRACT and who: 1) do
business in the amount of $50,000 or more with
the implementing entity in any one fiscal year
and, 2) employ 50 or more employees, must
develop a written Affirmati ve Action Pr ogram
within 120 days after the contract award date.
2. All Subcontractors rendering services or supplies
to a Contractor in the amount of $50,000 or more
and employ 50 or more employees, must develop
a written Affirma tive Acti on Pro gram within 120
days after the contract award date.
D. Exemptions under 41 CFR 60:
The following persons/contracts shall be exempt from
this program:
1. A contract or contracts by a Contractor that do not
exceed $10,000 in the aggregate over a 12-month
period.
2. C ontracts for Work outside the United States
3. State and Local Governments
4. Contracts with certain educational institutions
5. Work on or near Indian Reservations
6. Specific contracts and facilities found exempt by
Deputy Assistant Secretary
7. Contracts with religious entities
8. National security contracts
Any Contractor who feels qualified for an exemption
should contact the local Contract Compliance Officer
or the U.S. Department of Labor's OFCCP Officer for
further information.
II. SATISFYING AFFIRMATIVE ACTION PLAN
A. Affirma tive Action Plan requirements f or NON-
CONSTRUCTION Contractors can be met through the
following:
1. Completing a Contract Compliance Quali fying
Report for Non-construction Contractors and
Vendors, (refer to the form found in the "Additional
Required Documents/Sample Documents" section
of Attachment "D" of the bid package).
2. Completing a Contractor’s Affirma tive Action
Policy, including met hods of recruiting minorities
and women. If the Contractor does not have i ts
own Affirmative Action Policy, it may adopt the
County's model Affirmati ve Action Policy ((refer to
the form found in the "Additional Required
Documents/Sample Documents" section of
Attachment "D" of the bid package).
3. Following Federa l Affirm ative Ac tion Plan
guidelines which comply with the req uirements of
41 CFR 60.2.10.
1556
DEFINITIONS
Unless a provision of a contract otherwise requires, certain words and phrases shall be defined as follows:
A. “Af firmative Action” is a commitment t o i ncrease the number of minorities and women in the work forc e by
setting employment goals a nd timetables, including
action to achieve objectives. Affirmative Action seeks to ensure that discrimination is eliminated in dealings with employees or applicant s for employment whether
the discrimination is intentional or unintentional. In addition, A ffirmative Action seeks to improve job
standards and productivity through the removal of
artificial and unnecessary barriers to employment and
promotion and ensure that all job actions are related to job performance measures.
B. “Affirmat ive Action Plan” is a written affirmative plan required of Contractors and Subcontractors who have
50 or more employees and have entered into a
contract with the implementing entity that exc eeds
$50,000, or $50,000 in contracts over a 12- month
period.
C. “C ontract” means a federally assisted purchase order, offer and acceptance, lease, agreement or other
arrangement creating an obligation to which the
implementing entity is a party, whi ch would make one
of the parties within the definition a Contractor.
D. “C onstruction” means the co nstruction, rehabilitation, alteration, conversion, extension, demolition or repai r of buildings, highways or other change s or
improvements to real property, including facilities
providing utility services.
E. “Contractor” means a prime Contractor or
Subcontractor.
F. "Covered Area" means the geographical area
described in t he solicitation from which the contract resulted;
G. "Director" means Director, OFCCP, U.S . Dept. o f
Labor, or any person to whom the Director delegates
authority to;
H. “Employee” means one wh o performs work for
compensation, or a person who is permanently or
regularly employed by the Contractor or
Subcontractor.
I. "Employer Identification Number " means the Feder al Social Security Number;
J. “Disa bility” means any individual who:
1. Has a p hysical or mental impairment, which
substantially limits one or more major life activities
of such individual;
2. Has a record or such impairment or,
3. Is general ly reg arded as havi ng such an
impairment.
K. "Employer Identification Number" means the Federal
Social Security Number;
L. “Implementing Entity” means public jurisdiction who is administering the contract.
M. “Minority” includes:
1. Black (all persons having origins in any Black
African racial groups not of Hispanic origin);
2. H ispanic (all persons of Mex i
can, Puerto Rican,
Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
3. Asian or Pacific Is lander (all persons having
origins in any o f the o riginal peoples of the Far
East, Southeast Asia, the Indian subcontinent or
the Pacific Islands);
4. American India n or Alaskan native (all persons
having origins in a ny of the native peoples of
North America and maintaining identifiable tribal
affiliations throug h membership and participation
in community identification).
N. “Non-construction Contract” means any contract that does not fall within the definition of “Cons truction
Contract”.
O. “Officer” means the Contract Compliance Officer of
the implementing entity o r U.S. Department of Labor
Office of Federal Contract Co mpliance Program
(OFCCP) Officer.
P. “Persons” means any individual, firm, co-partnership, public servic e, joint venture, as sociation, social club, fraternal organization, corporatio n, est ate, tr ust
receiver, syndicate CITY, county, municipal
corporation, district or other poli tical subdivision, or any other group or combination acting as a unit.
Q. “Underutilization” means hav ing fewer minorities or women in a particular job class ification t han w ould
reasonably be expected by their availability.
R. “Vietnam-Era Veteran” means a person who:
1. Served on actual duty for a period of more than
180 days, any part of which occurred betw een
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge; or
2. Was discharged or released from active duty for a
service-connected disability if any part of such
active duty w as performed between August 5,
1964, and May 7, 1975.
1557
S. Violation and Appeal Procedure:
1. A C ontractor found in violation of equal
opportunity/affirmative action laws will be refer red
to the U.S. Department of Labor’s OFCCP
Division, and the Solicitor for Labor, Associate
Solicitor of Labor Relations and Civil Rights
Regional Solic itors and R egional Att orney are
authorized to institute enforcemen t proceeding s
by filing a complaint and serving that compliant to
the Contractor (defendant), in accordance with
procedures set forth in 41 CFR 60 -30.5. The
complaint shall contain information on the a lleged
violation, a prayer regarding the relief being
sought, and the name and address of the attorney
representing the Government. Within 20 days
after receiv ing the com plaint, the defendant shall
file an answer with the Chief Administrative Law
Judge, if the case h as not been assigned to an
Administrative Law judge.
2. T he answer shall conta in a statement of the facts
which constitute the ground of defense, and shall:
1) specifically admit, explain, or deny each of the
allegations of the complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the alleg ations contained in
the complaint. The answer may contain a waiver
for a hearing and if not, a separate paragraph in
the answer shall request a hearing. The a nswer
shall contain th e name and address of the
defendant, or of t he attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegatio n of the co mplaint shall
constitute an admission of such allegation.
3. C ontractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) identified herein. Such compliance is required to the
extent such laws, programs and their regulations are, by their own term s, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar with the applicable provisions of said laws, programs,
and regulations prior to commencing performance of the
contract. Copies of said laws, programs, and regulations are a vailable upon request from the implementing
entity’s Contract Compliance Officer, o r from the U.S.
Department of Labor's OFCCP Officer to the extent
applicable the p rovisions of said laws programs and
regulations are deemed to be a part of this contract as if fully set forth herein.
4. Vietnam Era Veterans’ Readjustment Assistance A cts of 1972 and 1974, as amended. Pub. L. 92- 540, Title V,
Sec 503(a), P ub. L 93 -508. Title IV, Sec. 4 02. (38
USCA 2011-2013).
5. Rehabilitation Act of 1973, as amended (disability) Pub. l 93-112 as amended. (29 USCA 701-794).
6. California Fai
r Emplo yment Practice Act. Labor Code
Sec. 1410 et seq.
5. Civil Rights Act of 1964, as ame nded (42 USCA 2000a to 2000H-6) and Executive Order No. 11246, September
24, 1965, as amended.
1558
EQUAL OPPORTUNITY CLAUSES
The Contractor and Subcontractors not found
exempt under 41 CFR 60- 1.5, are required to
comply with the following equal opportunity
clauses as a condition of being awarded a federally
assisted contract. Each no nexempt prime
Contractor shall include equal employment
opportunity clauses in each of its no nexempt
Subcontractors.
EQUAL OPPORTUNITY CLAUSE FOR
FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS
This clause is i nserted pursuant to Executive Order 11246 of September 24, 1965, as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR Sec. 60-1.4. The following requirements apply to Contractors and Subcontractors
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that
applicants are employe d, and that employees are
treated during employment without regard to their
race, color, r eligion, sex, national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer;
recruitment or recruitm ent advertising; layo ff or
termination; rates of pay or other forms of
compensation; and s election for training, including
apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees pla ced by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor u nion or
representative of worke rs with which he has a
collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency
contracting officer, advising the labor u nion or
workers’ representative of the Contractor’s
commitments under Section 202 of E xecutive Order
11246 of September 24, 1965, and s hall post copies
of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will com ply with all provisions of
Executive Order 11246 of September 24, 1965 and of
the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The Contractor will furnish all infor mation and reports required by Executive Order 11246 o f September 24,
1965, and by rules, regulations and order s of the
Secretary of Labor, purs uant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders
(6) In the event of the Contractor’s n oncompliance with the nondiscrimination clauses of this contract or with any of such rules, re gulations or orders, this contract may be canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Governm ent co ntracts in
accordance with procedures author ized in Executive
Order 11246 of September 24, 1965, and such ot her
sanctions may be imposed and remedies inv oked as
provided in Executive Order 11246 of September 24,
1965, or by rule, r egulation or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contrac tor will include the provisions of
paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
each Subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or
purchase order as the contracting agenc y may direct
as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that
in the event the Contractor becomes involved in, or is
threatened with, litigation with a Subcontractor or
vendor as a result of such di rection by the contracting agency, the Contractor may request the United States
to enter into such litigation to p rotect the interests of the United states.
The applica nt further agrees that it will be bound by
the above equal opportunity clause with res pect to its own employment practices when it participates in
federally assisted construction w ork; provided, that if the applicant so participating is a state or lo cal
government, t he above equal opportunity clause is
not applicable to any agency, instrument ality or
subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperat e actively with th e administering agency and the
Secretary of Labor in obtaining the compliance of
Contractors and Subcontractors with the equal
opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of
Labor in obtaini ng the compliance of Contractors and
Subcontractors with the equal opportunity clause and
the rules, reg ulations, and relevant orders of the
Secretary of Labor, that it will furnish the admi nistering agency and the Secretary of Labor such information
as th ey may require for the supervis ion of such
compliance, and that it will otherwise assist the
administering agency in the discharge of the agency’ s
primary responsibility for securing compliance.
1559
The applicant further agrees that it will refrain from
entering into any contract or cont ract m odification
subject to Executive Order 1124 of September 24,
1965, with a Contractor debarred from, or who h as
not demonstrated eligibility for Government
contracts and federa lly assisted construction
contracts pursuant to the Executive Order and wil l
carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed
upon Contractor s and Subcontractors by the
administering agency o r the S ecretary of Labor
pursuant to Part II, Subpart D of the Exec utive
Order. In addition, the applicant agrees that if it fails or refuses to comply with t hese undertakings, th e
administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in
whole or in part this grant (contract, loan, insurance, guarantee), refrain from extending any further
assistance to the applicant under the program with
respect to which the failure or refund occurred until
satisfactory as surances of f uture compliance has
been received from such applicant, and refer the
case to t he Department of Justice for appropriate
legal proceedings.
In addition to the above, Contractor will agree to
furnish all information and reports, includin g
Standard form EEO-1, if applicable, to the U.S.
Equal Employment Opportunity Commission
(EEOC) an d th e U.S. Department of Labor's
OFCCP, as required by Executive Order No. 11246
of September 24, 1965.
EQUAL OPPORTUNITY CLAUSE FOR
SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
This clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Act s of 1972 and 1974 (P .L. 92 - 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60 - 250.
(1) The Contrac tor will not discriminate against any
employee or applicant for employment becaus e he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat
qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their
disability or veterans’ status in all employment
practices su ch a s the followi ng: employment,
upgrading, demotion or trans fer, recruit ment,
advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for
training, including apprenticeship.
(2) The Contractor agrees that all suit able employment openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the perf ormance of this contract, including
those not generated by this contract and including
those occurring at an establishment of t he
Contractor other than the one wherein the contract
is being performed but excluding t hose o f
independently operated corporate affiliates, shall be
listed at an appropriate local office of the State
Employment Service System wherein the opening
occurs. The Contractor further agrees to provide
such reports t o such local office regarding
employment openings and hires as may be
required.
(3) Listings of employment openings with the
employment service syst em pursuant to this clause
shall be made at lea st concurrently with the use of
any other recruitment source or effort and shall
involve the norm al obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and non-
veterans. The listing of employ ment openings does
not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrim ination i n
employment.
(4) The reports required by paragraph (2) of this claus e shall include, but not be limited to, periodic reports
which shall be filed at least quart erly with the
appropriate local office or, where the Contractor has
more than one hiring location i n a State , with the
central office of that State Employment Service.
Such reports s hall indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disabled
veterans of the Vietnam Era hired, (c) the number of
disabled veterans of the Vietnam Era hired, and (d)
the total number of d isabled veterans hired. The
reports shall include covered veterans hired for on-
the-job tr aining under 38 USC Sec. 1787. The
Contractor shall submit a report w ithin 30 days after
the end of each reporting period wherein any
performance is made on this contract identifying
data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the
reports submitted until the expirati on of one y ear
after final payment under the contract, during wh ich
time these reports and relate d documentation shall
be made available, upon request, for examination
by any authorized representatives of the contracting
officer or of the Secretary of Labor. D ocumentation
would include personnel records respecting job
openings, recruitment and placement.
(5) Whenever the Contractor becomes c ontractually
bound to the listing provisions of this c lause, it shall advise the employment service system in each
State where i t has establishments of the name and
location of each hiring location in the State. A s long as the Contractor is contractually bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent con tracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.
(6) This clause does not apply to the listing of
employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.
1560
(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional e mployer - u nion hi ring arrangement.
This exclusion does not apply to a part icular
opening once a n em ployer decides to consider
applicants outside of his own organizati on or
employer - union arrangement for that opening.
(8) As used in this clause:
a. “All suitable em ployment openings” includes,
but is not limited to, openings which occur in
the foll owing job categories: production and
non-production; plant and office; la borers and
mechanics; s upervisory and non-supervisory;
technical; and executive, adminis trative a nd
professional openings as are compensated on
a salary basis of le ss than $25,000 per year.
The term includes full-time employ ment,
temporary employment of more than three
days dur ation, and part -time employment. It
does not include openings wh ich t he
Contractor proposes to fill from within his own
organization or to f ill pursuant to a c ustomary
and traditional employer - union hiring
arrangement or openings in an educational
institution which are restricted to students of
that institution. Unde r mos t co mpelling
circumstances an employment opening may
not be suitable for listing, including such
situations where the needs of the G overnment
cannot reasonably be otherwise supplied,
where listing would be contrary to national
security, or where the r equirement of list ing
would otherwise not be for the best intere st of
the Government.
b. “Appro priate office of the State Employment
Service System” means the local o ffice of the
federal - s tate national system of public
employment offices with assigned
responsibility for s erving the area where the
employment opening is to be fi lled, including
the D istrict of Colombia, Guam, Puerto Rico
and the Virgin Islands.
c. “Openings which the Contractor proposes to
fill from within his own organization” means
employment op enings for which no
consideration will be given to pers ons outside
the Contractor ’s or ganization (including any
affiliates, subs idiaries and the parent
companies) and includes any openings which
the Contractor proposes to fill from regularly
established “recall” lists.
d. “Openings which the Contractor proposes to
fill p ursuant to a custom ary an d traditional
employer - union hirin g arrangement” means
employment openings which the Contractor
proposes to fill from union halls, which is part
of the c ustomary and tradi tional hiring
relationship which exists between the
Contractor and representati ves of his
employees.
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(10) I n the event of the Contractor’s noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor a grees to post in c onspicuous
places, available to employees and applicants f or
employment, noti ces in a form to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shal l state the Contractor’s
obligation under the law to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employm ent, and the rights of applicants and
employees.
(12) The Contractor will no tify each
labor union or
representative of work ers w ith which it has a
collective bargaining agreement or other contract
understanding, that t he Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjust ment
Assistance Act, and is committed to take affirmative
action to employ and advance i n emp loyment
qualified disabled veterans and veterans of the
Vietnam Era.
(13) T he Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon eac h Subcontractor or ve ndor. The
Contractor will take such act ion with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to e nforce such provisions, including
action for noncompliance.
(14) Collective bar gaining agreement or other contract understanding that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employ ment
qualified disabled veteran s and veterans of the
Vietnam Era.
(15) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless ex empted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that suc h provisions will be
binding upon each Subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Di rector of the
Office of Federal Contract Compliance Programs
may direct to e nforce such provisi ons, i ncluding
action for noncompliance.
1561
EQUAL OPPORTUNITY CLAUSE FOR
WORKERS WITH DISABILITIES
This clause is inserted pursuant to the Rehabilitation Act of 1973 (P.L. 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discrim inate against any
employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for employment
is qualif ied. The C ontractor agrees to take
affirmative action to employ , advance in
employment and otherwise treat qualified
(2) disabled individuals without discrimination bas ed
upon their physical or mental disability in all
employment practices such as the follow ing:
employment, up grading, demotion or transfer,
recruitment, advertising, layoff or terminat ion, r ates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(3) The Cont ractor agrees to comply with the rules,
regulations and relevant or ders of the Secretary of
Labor issued pursuant to the Act.
(4) In the event of the Contractor’s non-compliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevan t orders of the
Secretary of Labor issued pursuant to the Act.
(5) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the co ntracting
officer.
(6) Such notices shall state the Contractor’s obligation under the law to tak e affirmative action to employ
and advance in employment qualifi ed disab led
employees and applicants for employ ment, and the
rights of applicants and employees.
(7) T he Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of S ection 503 of the Rehabilitation Act of
1973, and is committed to take affirmative action to
employ and advance in employment physically and
mentally disabled individuals.
(8) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted b y rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, s o that such
provisions will be binding u pon each Subcontractor
or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the
Director of the Office of Federal Contract
Compliance Programs may direct to enforc e su ch
provisions, including action for noncompliance.
1562
STANDARD FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4.3 (a)
1. As used in these specifications:
a. “C overed area” means the geographical area
described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal
Contract Com pliance Pro grams, United States
Department of Labor, or any person to whom the
Director delegates authority;
c. “Employer identification number” means the
Federal Social Security number used on the
Employer’s Quarter Federal Tax Return. U.S.
Treasury Department form 941.
d. “Minority” includes:
(i) Black (all person s having origins in any of
the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto
Rican, Cuban, Central or South American or
other Spanish Culture or origin, regardless
of race);
(iii) Asian and Pacific Islander (all persons
having origins in any o f the original peoples
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) Ame rican Indian or Alaskan Native (all
persons having origins in any of the original
peoples of North America and maintaining
identifiable tribal a ffiliations through
membership and participation or community
identification).
2. Whenever the Contractor, or a ny Subc ontractor at
any tier, subcontracts a portion of the work in volving any construction trade, it shall phy sically incl ude in each subcontract in excess of $10,000 the provisions
of these specifications and the Notice which contains
the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved b y the U.S.
Department of Labor in the covered area either
individually or through an as sociation, its affirmative action obligations on all work in the Plan area
(including goals and t imetables) shall be in
accordance with the plan for those trades which have
unions participating in the Plan. Contractors must be
able to demonstrate their participation in and
compliance with the provisions of any such
Hometown Plan. Each Contractor or Sub contractor
participating in an approved Plan is individually
required to comply with its obligations under the EEO
clause, and to make a good faith effort to achieve
each goal und er the Plan in each trade in which it
has employees. The overall good fa ith performance
by other Contractors or Subcontractors toward a goal
in an approved Plan does not excuse any cover ed
Contractor’s or Sub contractor’s failure to t ake good
faith efforts to achieve Plan goals and timetables.
4. The Contrac tor shall implement t he s pecific
affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set
forth in the solicitation from which the contract
resulted are e xpressed as percentages of the total
hours of employment and training of minority and
female utilization the Contractor should reasonable
the able to achieve in each construction trade in
which it has employees in the covered area.
Covered construction Contractors performing
construction work in geographical areas where they
do not have a federal or federally assisted
construction contract shall ap ply the minority and
female goals established for the geographical area
where the work i s being p erformed. Goals are
published periodically in the FEDE RAL REGISTER
in notice form, an d such notices may be obtained
from any Office of Federal Contract Compli ance
programs Office or from federal proc urement
contracting officers. The Contractor i s expecte d to
make s ubstantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provi s
ions of any collective bargaining
agreement, nor the failure by a union w ith whom the
Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the
Contractor’s obligations und er t hese specifications,
Executive Order 112 46 or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be count ed in meeting
the goals, such apprentices and trainees m ust be
employed by the Contractor during the training
period and the Contractor must have ma de
commitment to employ the apprentices and trainees
at the completion of their training, subject t o the
availability of employment opportunities. Trainees
must be trained pursuant t o trai ning programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative acti ons to ensure equal employment opportunity. Th e
evaluation of the Contractor’s compliance with these
specifications shall be based upon its eff ort to
achieve maximum results from its acti ons. The
Contractor shall document these efforts fully, and
1563
shall implement affirmative action steps at least as
extensive as the follow 16 steps:
a. Ensure and maintain a working
environment free of harassment ,
intimidation, and coercion at all sites,
and in all facilities at which the
Contractor’s employees are assigned
to work. The Contractor shall
specifically ensu re that a ll foremen,
superintendents, and other on- site
supervisory personnel are aware of and
carry out the Contractor’s obligation to
maintain such a working environm ent,
with specific attention to minority or
female individuals working at such sites
or in such facilities.
b. Establish and maintain a current list of
minority and f emale recruitment
sources, provide written notification to
minority and female recruitment
sources and to community
organizations when the Contractor or
its unions have employment
opportunities available, and maintain a
record of the organizations’ responses.
c. Maintain a cur rent file of the names,
addresses and telephone numbers of
each minority and female off -the-street
applicant and minority or female
referral from a union, a recr uitment
source or co mmunity organization and
of what action was taken with r espect
to each such i ndividual. If such
individual was sent to the union hiring
hall for referral and was not referred
back to the Contractor by the union or,
if referred, not employed by the
Contractor, this shall be documented in
the file with the reason therefore, along
with w hatever additional actions the
Contractor may have taken.
d. Provide immediate written notification
to the Dir ector when the union or
unions bargaining agreement has not
referred to the Contractor a minority
person or wom an sent by t he
Contractor, or when the Contractor has
other information that the union referral
process has impeded the Contractor’s
efforts to meet its obligations.
e. Develop on-the -job traini ng
opportunities and/o r participate in
training programs for the area which
expressly include m inorities and
women, including upgrading progr ams
and apprenticeship and trainee
programs relevant to the Contractor’s
employment needs, especially those
programs funded or approved b y the
Department of Labor. The Contractor
shall provide notice of these programs
to the sources compiled under 7b
above.
f. Disseminate the Contractor’s EEO
policy by providing notice of the policy
to unions and training programs and
requesting t heir cooper ation in
assisting the Contractor in meeting its
EEO o bligations by includi ng i t in any
policy manual and collective bargaining
agreement; by publicizing it in the
company newspaper, annual report,
etc.; by specific review of the poli cy
with a ll management personnel and
with all minority and female employees
at least once a year; and by posting the
company EEO policy on bulletin boards
accessible to all employees t hat each
location where c onstruction work is
performed.
g. Review, at least annuall y, the
company’s EEO policy and affirmative
action obligations under these
specifications wi th all employees
having any responsibility for hiring,
assignment, layoff, termination or other
employment d ecisions including
specific review of these items with
onsite super visory personnel such as
Superintendents, Ge neral Foremen,
etc., prior to t he initiation of
construction work at any job site. A
written record shall be made and
maintained identifying the item and
place of these meetings, persons
attending, subject matte r discussed,
and disposition of the subject manner.
h. Disseminate the Contr
actor’s EEO
policy externally by including it i n any
advertising in the news media,
specifically including minority and
female news media, and providing
written n otification to and d iscussing
the Contractor’s EEO policy with o ther
Contractors and Sub contractors w ith
whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral
and w ritten, to minority, female and
community organizations, t o schools
with minority and female students and
to minority and f emale recruitment and
training organizations serving the
Contractor’s recruitment source, th e
Contractor shall send written
1564
notification to organizations such as the
above, describing the openings,
screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female
employees to recruit other minority
persons and women and, where
reasonable, provide after school,
summer and vacation employment to
minority and fem ale youth both on the
site and in other areas of a Contractor’s
work force.
k. Vali date all tests and other selection
requirements where there is an
obligation to do so under 41 CFR Part
60-3.
l. Conduct, at least annually, an inventory
and evaluation at least o f all minor8ty
and female personnel for pr omotional
opportunities and enc ourage these
employees to seek or to prepare f or,
through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job
classifications, work assi gnments and
other personnel practices, do not have
a di scriminatory effect by continua lly
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
Contractor’s obligations under these
specifications are being carried out.
n. Ensure that all facilities and company
activities are non- segregated except
that separate or single-user toilet and
necessary changing facilities shall be
provided to assure privacy between the
sexes.
o. Document and maintain a record of all
solicitations of off ers for subcontracts
from minority and femal e constructi on
Contractors and suppliers, including
circulation of solicitati ons to minority
and female Contractor associations
and other business associations.
p. Conduct a review, at least annually, of
all superv isors; adherence to and
performance under the Contractor ’s
EEO policies and a ffirmative action
obligations.
8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling
one or more of their affirmative action
obligations (7a – p). The efforts of a Contractor
association, join t Contractor-union, C ontractor-
community or other similar group of which the
Contractor is a member and participant may be
asserted as fulfilling any one or more of its
obligations provided that the Contractor actively
participates in the group, makes ever y effort to
assure that t he group has a positive impact on
the employment of minorities and women in the
industry, ensures that the concrete benefits of
the program are reflected i n the Contractor’s
minority and female workforce participation
makes a good faith effort to mee t its individual
goals and timetables, and can provide access to
documentation, which demonstrates the
effectiveness of actions taken on behalf of the
Contractor. The obli gation to comply, however,
is the Contractor’s and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.
9. A single goal for minorities and a separate single
goal for women have been established. The
Contractor, h owever, is required to provide
equal employment opport unity and to take
affirmative action for all minority groups, bot h
male and female, and all women, both minority
and non-minority. Consequently, the Contractor
may be in violation of the e xecutive order if a
particular group is employed in a s ubstantially
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executive Order if a specific minor ity group
of women is underutilized).
10. The Contractor shall not use the goal s and
timetables or a ffirmative action standards to
discriminate against any person because of
race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any
Subcontract with a ny person or firm debarred
from Government contracts p ursuant to
Executive Order 11246.
12. The Contractor shall carry ou t such sanctions
and penalties for violation of these specifications
and of the Equal Opportunity Clause, including
suspension, termina tion and cancellation of
existing subcontrac ts as may be imposed or
ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by
the Office of Federal Contrac t Compliance
Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation
of these specifications and Ex ecutive Order
11246, as amended.
13. The Contractor , in fulfilling its oblig ations under these specifications, shall implement specific
affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum
1565
results from its efforts to ensure equal
employment opportunity. If the Contractor fails
to comply with the requirements of the Executive
Order, the i mplementing regulations, or these
specifications, the director sh all proceed in
accordance with 41 CRF 60-4.6.
14. The Contractor shall designate a responsible
official to monitor all employment related activity
to ensure that the company EEO polic y is being
carried o ut, to submit reports relating to the
provisions hereof as may be required by the
Government and to keep records. Records shall
at lease include for each employee the name,
address, telephone numbers, construction trade,
union affiliat ion if an y, employee i dentification
number when assigned, social security number,
race, sex, st atus ( e.g., mechanic, apprentice
trainee, helper, or laborer) dates of changes in
status, hours worked per week in the indicated
trade, rate of pay, and locations at whic h the
work wa s performed. Records shall be
maintained in an easily understandable and
retrievable form; however, to the degree that
existing records satisfy this requirement,
Contractors shall not be required to maintain
separate records.
15. Nothing herein provided shall be construed as a
limitation upon the app lication of other laws
which es tablish different standards of
compliance or upon the application of
requirements for the hiring of local or other area
residents (e.g. those under the Public Works
Employment Act o f 1977 and the Community
Development Block Grant Program).
a) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
published at 41 CFR 32482 and commonly
known as the Model Federal EEO Bid
Conditions, and the New Form s hall not be
used after the regulations in 41 CFR Part
60-4 become effective.
Minority Goals
The goal for the util ization of women employees on
federally assisted construction contracts is set at 6.9%.
The goal for utilization of minorities, based on the
Standard metropolitan Stat istical Area (SMSA) for
Riverside/San Bernardino County is 19%.
For additional informat ion on th ese goals, please contact the OFCCP-Pacific Region at (415) 848-6969.
1566
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000)
During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions
1567
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
A TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Award Construction Contract to R.J. Noble Company for Pavement Improvements - Zone 1 & Cypress Avenue Project (ST260).
..end
RECOMMENDATION
..recommendation
1) Approve a Measure I Fund (322) transfer of $319,093, from Chino Hills Parkway Rehabilitation Project (R7231) to Pavement Improvements Zone 1 & Cypress Avenue Project (ST260) for a revised project budget of $974,993; 2) approve the plans and specifications for construction as approved by the Director of Public Works ; 3) award a construction contract to R.J. Noble Company for $852,884 for Project ST260; 4) authorize approved contract change orders up to ten percent (10%), for construction contingencies; and 5) authorize the City Manager to execute the necessary documents on behalf of the City. ..body
FISCAL IMPACT
There is a cost savings identified in the project budget previously allocated to Chino Hills Parkway Rehabilitation Project (R7231). Approving this action transfers Measure I fun ds from Project R7231 in the amount of $3 19,093 to Project ST260. There is no fiscal impact on the Measure I fund, as this is a budget transfer reallocating funds between Capital Improvement Program (CIP) projects. Fiscal Year 2026-27 project budget is summarized below:
Project ST260 – Pavement Improvements Zone 1 & Cypress Avenue Fund Adopted
Budget
Budget
Transfer-In
Expenditures Available
Budget
G7806 - CalRecycle Grant $8,400 $0 $0 $8,400
327 – SB1 Road Maintenance
and Rehabilitation Program
(SB1 RMRA)
$647,500 $0 $116 $647,384
322 – Measure I $0 $319,093* $0 $319,093
Total Available Budget $974,877
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
1568
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY FOR PAVEMENT IMPROVEMENTS - ZONE 1 & CYPRESS AVENUE PROJECT (ST260).
PAGE: 2
Revenue:
Expenditure: 3227190-40003-R7231/ST260
Transfer In: Transfer Out:
1569
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY FOR PAVEMENT IMPROVEMENTS - ZONE 1 & CYPRESS AVENUE PROJECT (ST260).
PAGE: 3
BACKGROUND
California Streets and Highways Code Section 2108.1 requires that jurisdictions maintain a Pavement Management System (PMS). The City of Chino’s PMS, last updated in February 2022, includes a database of evaluated pavement conditions and prioritizes pavement repairs based on observed surface distresses, structural strength, and other field data. Street segments are ranked with a Pavement Condition Index (PCI) score to determine repair priority.
Using condition data, annual pavement projects are grouped for construction by the City’s quadrant-based capital improvement zones. This quadrant -based approach reduces contractor travel distances, improves construction efficiency, and allows for phasing of work to one zone per year to achieve economy of scale. This cyclical method enables consistent allocation of time and resources to maintain and improve the roadway network equitably.
Consistent with this approach, design work began i n FY25–26 for Pavement Improvements – Zone 1 and Cypress Avenue (ST260). The project scope includes crack sealing, slurry sealing, asphalt grind and overlay on Cypress Avenue, minor concrete repairs to improve drainage, and pavement restriping. Slurry seal locations within Zone 1 were selected based on their low to moderate distress and narrow crack widths. Cypress Avenue was grouped with Zone 1 improvements due to the similar scope of work and to achieve more competitive bid pricing.
Last year, the City co mpleted Project ST241, which constructed six (6) ADA curb ramps at the intersection of Cypress Avenue and Filmore Street. Project ST260 will return to Cypress Avenue to complete asphalt grind and overlay activities from Walnut Avenue north to the end of th e cul- de-sac. Future pavement projects will continue to rely on the City’s Pavement Management System to identify and prioritize roadway maintenance needs.
ISSUES/ANALYSIS
On May 14, 2026, the City issued an Invitation for Bids (IFB No. 2026 -0012) “ST26 0 – Pavement Improvements Zone 1 & Cypress Avenue” via PlanetBids, in accordance with the City’s procurement policies and Public Contract Code. On June 11, 2026, the City received eleven (11) bids. The results were as follows:
No. Contractor Bid Amount
1 RJ Noble Company $852,884.00
2 All American Asphalt $881,889.40
3 Estate Design & Construction $942,600.00
4 Copp Contracting, Inc. $996,196.00
5 LC Paving & Sealing, Inc. $998,237.00
6 Onyx Paving Company, Inc. $1,041,370.00
7 Hillcrest Contracting, Inc. $1,043,392.00
8 Gentry Brothers, Inc. $1,052,551.00
9 Elegant Construction, Inc. $1,056,070.00
10 Granite Construction Company $1,117,111.00
11 Van Engineering $1,446,280.00
1570
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: AWARD CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY FOR PAVEMENT IMPROVEMENTS - ZONE 1 & CYPRESS AVENUE PROJECT (ST260).
PAGE: 4
RJ Noble Company was the lowest responsive and responsible bidder. Staff recommend that the City Council award a construction contract for $852,884 to RJ Noble Company for the Pavement Improvements Zone 1 & Cypress Avenue Project (ST260). Staff also recommend that the City Council authorize up to $85,288 (10% of the contract amount) for construction contingencies as allowable per Public Contract Code. S taff reviewed the Contractor’s licensing, bonding, references, and list of subcontractors submitted for th e project and found all bid submittal documentation to be in order. The estimated project construction costs are itemized below:
Project Task Vendor Total
Construction RJ Noble Company $852,884
10% Construction Contingency(1) As allowable per Public Contract Code $85,288 Geotechnical Engineering Services(2) AESCO $31,705
Inspection Overtime City Staff $5,000
Total Estimated Construction Costs: $974,877
This project is exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the CEQA Guidelines - Existing Facilities, which includes the operation, repair, and maintenance of highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and other similar facilities. In compliance with CEQA Guidelines, a Notice of Exemption was filed with the San Bernardino County Recorder’s Office prior to the advertisement for bids.
Attachments: Exhibit A – ST260 Project Location Map
Exhibit B – Construction Contract (RJ Noble Company)
1571
Exhibit A - Vicinity Map
ST260 Pavement Improvements -
Zone 1 and Cypress Avenue
City
of
Chino
6 0
R
o
s
w
e
l
l
A
v
e
R
o
s
w
e
l
l
A
v
e
S h a s t a S t
F
a
r
n
d
o
n
A
v
e
M
a
x
o
n
L
n
K
e
r n
R
d
H
u
m
b
o
l
d
t
P
l
L a k e S t
N
a
p
a
D
r
M
o
d
o
c
P
l
S
o
n
o
m
a
C
t
P h i l a d e l p h i a S t
W
a
l n
u
t
A v e
E
E
n
d
A
v
e
R
o
s
w
e
l
l
A
v
e
F
a
r
n
d
o
n
A
v
e
J e
n
n
y
L n
P i l g r i m s W a y
H a r v e s t C t
O
x
a
l
i
s
S
t
P
l a
c
e
n
t i a
R
d
W
a l n u t
A
v
e
E
E
n
d
A
v
e
6 0
W i n t r e s s D r
C
o
n
c
o
r
d
C
t
C
o
n
c
o
r
d
C
t
B r y a n t S t
L o m b a r d y S t
O
l
i
v
e
P
l
O
l
i
v
e
P
l
W a k e fi e l d A v e
O l i v e S t
N
o
r
t
o
n
A
v
e
L o m b a r d y A v e
R o u n d t r e e L n
T e r r y S t
M
u
i
r
C
t
S
i
l
i
c
o
n
A
v
e
P h i l a d e l p h i a S t
W a l n u t A v e
P
i
p
e
l
i
n
e
A
v
e
P e p p e r t r e e L n
E
a
s
y
S
t
N
o
r
t
o
n
A
v
e
C
o
n
c
o
r
d
A
v
e
C
o
n
c
o
r
d
A
v
e
G e t t y s b u r g S t
W i l s o n S t
C
a
r
r
o
l
l
C
t
V a n B u r e n S t
G
u
n
A
v
e
W
i
t
h
e
r
s
p
o
o
n
R
d
P a r k S t
P o l k C t
P o l k C t
O
r
g
r
e
n
A
v
e
P
i
p
e
l
i
n
e
A
v
e
INYO PL
MODOC PL
MAXON LN
WALNUT AVE
NORTON AVE
POLK CT
NAPA DR
ROSWELL AVE
VAN BUREN ST
AMADOR CT
SHOLANDER AVE
SONOMA CT
TRINITY CT
SHASTA
CT
HUMBOLDT PL
LAKE ST
CALAVERAS CT
FARNDON PL
CARROLL CT
WELLS PL
WITHERSPOON RD
EAST END AVE
KERN RD
MENDOCINO
PL
POLK CT
KENNEDY CT
KENNEDY CT
PATE
PL
NORTON
AVE
WALNUT AVE
ROSWELL AVE
PIPELINE AVE
OLIVE PL
PHILADELPHIA ST
ORGREN AVE
GUN AVE
NN
0 0.250.13 Miles PIPELINE AVE
PHILADELPHIA ST
WALNUT AVE
ROSWELL AVE
EAST END AVE
ST260 Limits
Zone 1
NEWMAN
ELEMENTARY
SCHOOL
CALIFORNIA
60 CALIFORNIA
60 1572
Exhibit A - Vicinity Map
City
of
Chino
N
0 0.040.02 Miles
N
6 0
J
a
l
e
p
e
n
o
P
l
V
e
r
d
u
g
o
A
v
e
W
a
t
e
r
l
o
o
D
r
6 0
W i l l i a m s b u r g R d
C
y
p
r
e
s
s
A
v
e
K
u
m
q
u
a
t
P
l
K
u
m
q
u
a
t
P
l
L
i
m
e
P
l
O
r
a
n
g
e
A
v
e
K i n g S t
O
r
a
n
g
e
P
l
W a l n u t A v e
WALNUT AVE
FILLMORE ST
KUMQUAT PL
KING ST
WATERLOO PL
LIME PL
CYPRESS AVEN
0 0.050.03 Miles
ST260 Limits
Cypress Ave
ST260 Pavement Improvements -
Zone 1 and Cypress Avenue
CALIFORNIA
60 CALIFORNIA
60 1573
Contract No.:
Approved:
AGREEMENT
Pavement Improvements Zone 1 & Cypress Avenue Project
Project No. ST260
THIS AGREEMENT is made and entered into this 7th day of July, 2026 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and R.J. Noble Company, hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Pavement Improvements Zone 1 & Cypress Avenue Project (ST260) in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Eight Hundred Fifty-Two Thousand Eight Hundred Eighty-Four Dollars and Zero Cents ($852,884.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work after the date set forth in the Notice to Proceed from the City and the work shall be completed within Forty-Five (45) working days. If the work is not completed within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of 1574
litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitut e a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
1575
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Hye Jin Lee, P.E.
Director of Public Works
R.J. Noble Company
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
Date
1576
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Establishment of a New Capital Improvement Program (CIP) Project and Award of a Professional Services agreement to PBK Architects California, Inc. for Conceptual Architectural Design Services for a Public Works Administration/Operations Building. ..end
RECOMMENDATION
..recommendation
1) Establish project PF273 - Public Works Administration /Operations Building and appropriate $94,180from the available Development Impact Fee (DIF) General Facilities Fund (233) reserves; 2) award a professional services agreement for $94,180 to PBK Architects California, Inc., Rancho Cucamonga, CA for Conceptual Architectural Design Services; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body
FISCAL IMPACT
Requires an appropriation of $94,180 from the available DIF General Facilities Fund (233) reserves, as shown in the table below:
Public Works Administration Building (PF273)
Funding Source Appropriation
233 – DIF General Facilities $94,180
*Total Project Budget: $94,180
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Responsible Long-Range Planning
Exemplary Leadership
Effective Technology
1577
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ESTABLISHMENT OF A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO PBK ARCHITECTS CALIFORNIA, INC. FOR CONCEPTUAL ARCHITECTURAL DESIGN SERVICES FOR A PUBLIC WORKS ADMINISTRATION/OPERATIONS BUILDING.
PAGE: 2
Revenue:
Expenditure: 2337005-40010-PF273
Transfer In: Transfer Out:
1578
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ESTABLISHMENT OF A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO PBK ARCHITECTS CALIFORNIA, INC. FOR CONCEPTUAL ARCHITECTURAL DESIGN SERVICES FOR A PUBLIC WORKS ADMINISTRATION/OPERATIONS BUILDING.
PAGE: 3
BACKGROUND
The Chino Public Works Department currently operates from both Chino City Hall and the Public Works Services Yard (PW Yard) located at 5050 Schaefer Avenue, approximately 1 mile southwest of the Civic Center. The PW Yard was built in 1983 . There are three (3) enclosed buildings with combined space of approximately 17,250 square feet. Building Description Approximate Square Footage
Public Works Services Administration 2,600 SF
Field Operations and Inventory Building (Metal Shed) 9,900 SF Fleet Shop/Maintenance Bays 4,750 SF
Total enclosed area 17,250 SF
The PW Yard serves as the primary administrative and operations office for the Department and supports the delivery of public works services citywide.
The Public Works Department has 128 employees consisting of a mix of Part-time and Full-time positions supporting various divisions, including Administration, Engineeri ng, Right -of-way Permits and Inspections, Water Operations, Water Resources and Services, Development Engineering, and Public Works Service Center. In addition to administrative and operations functions, the PW Yard houses Fleet Management Operations, whic h includes a building that houses four maintenance bays and tools used for the servicing and repairing of City’s light -duty and heavy -duty vehicles and equipment. Of the four bays, two are equipped for mid -size vehicles, one is equipped for heavy duty long axel vehicles, and one is equipped for small vehicles only. One bay is also utilized for Police for accident damage assessments related to accident investigation. This bay should be a protected and secure bay as the vehicle is considered as an evidence.
The PW Yard also serves as the City’s permanent Household Hazardous Waste (HHW) collection facility and provides operational space for equipment storage, materials management, and field staff deployment. The HHW program is provided by the City of Chino in partnership with San Bernardino County. As the department’s operational responsibilities and staffing levels have increased over time, the facility continues to serve multiple functions from a site originally developed in the early 1980s.
ISSUES/ANALYSIS
The PW Yard was originally constructed to support a smaller workforce and service area than exists today. As the City has grown and expanded services, staffing levels, regulatory requirements, and operational responsibilities have also expanded, placing increased demands on Public Works services that were not designed to accommodate current needs. The existing building face s challenges such as limited capacity for an expanding workforce and outdated configuration, which has created operational inefficienc ies and constraints to meet the needs of the community.
In addition to space limitations, the facility requires ongoing maintenance and upgrades to address aging building systems. While these investments help maintain operations, they do not 1579
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ESTABLISHMENT OF A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO PBK ARCHITECTS CALIFORNIA, INC. FOR CONCEPTUAL ARCHITECTURAL DESIGN SERVICES FOR A PUBLIC WORKS ADMINISTRATION/OPERATIONS BUILDING.
PAGE: 4
resolve fundam ental deficiencies related to functionality, workspace needs, technology integration, and coordination among Public Works divisions. As service demands continue to increase, the Department requires a facility that can better support efficient operations and long- term organizational needs. The Field Operations/Inventory and Fleet Shop/Maintenance Bays buildings lack proper heating and cooling systems to provide relief during extreme hot summers and winter cold days as required by CalOSHA.
To proactively address these challenges, the Public Works Department is initiating a conversation and recommends the City start planning now for the development of a new Public Works Administration /Operations Building. As an initial step, establishing a CIP project and initiating a conceptual design will allow the City to evaluate space requirements, develop preliminary building concepts, identify project costs, and establish a roadmap for future design and construction. This approach ensures informed decision making whil e strategically positioning the City to meet current and future service demands. Having a conceptual design could also provide the City an opportunity for a public/private partnership with a developer.
The new PW Yard is being proposed to be constructed on an empty lot owned by the City of Chino, located east of the existing PW Yard and North of the Chino Valley Fire Department, Station 61 located at 5078 Schaefer Avenue (Exhibit A). The proposed new Fleet Services Building will be located westerly from the existing Public Works Services Yard office building in an empty lot owned by the City of Chino at the north -east corner of Schaefer Avenue and 3rd Street (Exhibit A).
The conceptual design for the proposed Public Works administration Building could be envisioned as a three-story facility totaling approximately 60,000 square feet, with each floor consisting of approximately 20,000 square feet. The facility is being plann ed to accommodate the needs of the community and would include dedicated employee and visitor parking areas.
Preliminary programming elements include administrative office space, conference and training rooms, a Supervisory Control and Data Acquisition (SC ADA) control room, a Traffic Management Center, a data center/server room, warehouse space, employee locker rooms and showers, and a fitness area. The site concept also includes solar panel covered parking stalls and a backup generator to enhance energy ef ficiency, operational resilience, and continuity of critical Public Works functions during emergencies. These elements will be further evaluated and refined during the conceptual design phase to ensure the facility meets the City’s current and future operational needs.
After construction of a new PW Administration/Operations building and construction of new fleet bays, existing metal building and fleet shop/bays will be demolished to make room for additional vehicle parking as the fleet vehicles are continuing to increase as the City’s workforce is right - sized to accommodate the growing needs of the community.
On February 19, 2026, the City released a Request for Proposals (RFP No. 2026 -0005) for “Public Works Services Yard – Conceptual Design Services” via PlanetBids, in accordance with City procurement policies. The City r eceived Fourteen (14) proposals by the closing date of March 19, 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: 20%
Past Performance/References: 20%
1580
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: ESTABLISHMENT OF A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT
AND AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO PBK ARCHITECTS CALIFORNIA, INC. FOR CONCEPTUAL ARCHITECTURAL DESIGN SERVICES FOR A PUBLIC WORKS ADMINISTRATION/OPERATIONS BUILDING.
PAGE: 5
Plan Methodology/Project Approach: 30%
Quality and Responsiveness of Proposal: 15%
Cost Evaluation: 15%
Following evaluation of all proposals and reference checks, PBK Architects Calif ornia, Inc. received the highest average score and is being recommended for contract award. Evaluation results are as follows:
RANK CONSULTANT RANK CONSULTANT
1. PBK Architects California, Inc. 8. Owen Group Limited Partnership
2. Griffin Structures, Inc. 9. Studio 2G Architects
3. Huitt-Zollars, Inc. 10. TAIT & Associates, Inc.
4. Acton Architecture, Inc. 11. iARCHsocal
5. IDS Group 12. TR Design Group, Inc.
6. HMC Architects 13. BFK Architecture + Planning
7. K+R Design Inc. 14. Kadre Architects, Inc.
Staff recommend the City Council approve the establishment of project PF27 3 - Public Works Administration Building and the appropriation of $94,180 to project PF27 3 from the DIF General Facilities Fund (233). Additionally, staff recommen d the City Council award a professional services agreement to PBK Architects California, Inc., for $94,180 for Architectural Conceptual Design Services for project PF273.
Attachments: Exhibit A – Project Vicinity Map
Exhibit B – PBK Architects PSA
1581
Exhibit A - Vicinity Map
1582
Project Name/No.: Public Works Contract No.: ____________ Administration Building
Project Manager: PW/ A. Espinoza Approved: ______________ 01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
PBK ARCHITECTS CALIFORNIA, 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 PBK Architects California, 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, 1583
01225.0001/863604.2 2
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 1584
01225.0001/863604.2 3
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.”
1585
01225.0001/863604.2 4
(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.
1586
01225.0001/863604.2 5
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 1587
01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety-Four Thousand One Hundred Eighty Dollars and Zero Cents ($94,180.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 1588
01225.0001/863604.2 7
(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 1589
01225.0001/863604.2 8
reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, 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, 2028, 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 Consultant under this Agreement.
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:
Andrew Thompson Principal-in-charge
(Name) (Title)
Jesse Miller Managing Sr. 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. 1590
01225.0001/863604.2 9
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 Albert Espinoza, Deputy Director of Public Works/ City Engineer, or any other person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an 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 1591
01225.0001/863604.2 10
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. 1592
01225.0001/863604.2 11
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall 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.
1593
01225.0001/863604.2 12
(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 1594
01225.0001/863604.2 13
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;
1595
01225.0001/863604.2 14
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the 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 1596
01225.0001/863604.2 15
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or 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. 1597
01225.0001/863604.2 16
(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 1598
01225.0001/863604.2 17
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the 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 1599
01225.0001/863604.2 18
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.
1600
01225.0001/863604.2 19
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which 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 1601
01225.0001/863604.2 20
Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address 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 1602
01225.0001/863604.2 21
“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]
1603
01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________
Fred Galante, City Attorney Hye Jin Lee, Director of Public Works
CONSULTANT:
PBK ARCHITECTS CALIFORNIA, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
1604
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.
1605
EXHIBIT A-1
A1-1
1606
A
1-2
1607
A
1-3
1608
A
1-4
1609
01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
1610
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.
1611
EXHIBIT C-1C
1-1
1612
C
1-2
1613
C
1-3
1614
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 projects schedules, which shall be approved by the City in writing. 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.
1615
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MAYOR PRO TEM CURTIS BURTON
SUBJECT
..titl e
Community Support Fund – Mayor Pro Tem Burton.
..end
RECOMMENDATION
..recommendation
Approve community support fund contribution of $250 to Chino High School Sports Boosters (Football Program).
..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2026-27 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
1616
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: COMMUNITY SUPPORT FUND - MAYOR PRO TEM BURTON.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Burton recommends that the City Council approve the following contribution:
Chino High School Sports Boosters (Football Program) - $250: Builds strong connections between the Chino community, Chino High’s faculty, students, and the school, working together for athletic success across the board.
By approving th is contribution, the Chino High School Sports Boosters (Football Program) will be better equipped to provide services to our community. Therefore, as proposed by Mayor Pro Tem Curtis Burton, it is recommended that the City Council approve th is community support contribution.
1617
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 7, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER FLORES
SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end
RECOMMENDATION
..recommendation
Approve a community support fund contribution of $500 to the Chino Valley Chamber Foundation for the Chamber of Commerce Leadership Collaborative Cohort Fundraiser. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2026-27 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
1618
CITY COUNCIL MEETING DATE: JULY 7, 2026
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
$500 to Chino Valley Chamber Foundation – This community support donation is in support of the Chino Valley Chamber of Commerce Leadership Collaborative Cohort , which selected non-profit Chino Neighborhood House for this year’s donation. The Chino Neighborhood House p rovides groceries/food and hygiene items to low -moderate income families and individuals in the community.
By approving th is contribution, Chino Valley Chamber Foundation will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Flores , staff recommends that the City Council approve this community support contribution.
1619