Contract No.:
Approval Date:
CONSTRUCTION REIMBURSEMENT AGREEMENT
MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN
(Euclid Land Venture, LLC Project / City of Ontario)
This CONSTRUCTION REIMBURSEMENT AGREEMENT ("Agreement") is entered into this 30^ day of July 2024 ("Effective Date"), by and between CITY OF CHINO, a California municipal corporation ("City"), and EUCLID LAND VENTURE, LLC, a Delaware limited liability company ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties".
RECITALS
A. On December 1, 2020, the City of Ontario ("Ontario") approved a subdivision of approximately 80.653 acres of land into eight parcels within the Ontario Ranch Business Park Specific plan area, located on the northeast comer of Merrill and Euclid Avenues as shown on Exhibit A . The development project consists of seven warehouse buildings ranging from 43,400 square feet to 1,099,000 square feet, totaling a maximum of 1,676,000 square feet of warehouse and office uses (the "Project"). In response to the EIR for the Project, tlie City submitted a comment letter requesting full width improvements on Euclid Avenue and Merrill Avenue and noted that it had funding to contribute to the costs relating thereto.
B. Pursuant to that certain Development Agreement No. PDA 19-001, effective between Ontario and Developer ("Development Agreement"), and the conditions of approval provided on F.vhihit B for said Project, Developer was required to design and construct public improvements along the perimeter of Merrill Avenue to mitigate traffic impacts resulting from the Project as a condition of development approval.
C. Developer is obligated to construct full-width ultimate street improvements on the north side of Merrill Avenue within Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue Widening to be eligible for reimbursement from Ontario's Development Impact Fee ("DIP') program.
D. On the south side of Merrill Avenue within Chino City limits, fronting the San Bemardino County Airport, Developer is obligated to construct street improvements up to the curb, excluding sidewalk, landscaping, and streetlights ("Merrill Improvements").
E. On October 18, 2022, the Developer entered into a Public Improvement Agreement with City and provided necessary securities to ensure timely completion of the Merrill Improvements.
F. The Merrill Improvements are estimated to cost $7,015,250, based on competitive bids.
G. Subsequently, Developer and City reached an agreement for full-width ultimate street improvements on the south side of Merrill Avenue, which will include traffic signal interconnect, sidewalks, landscaping, and streetlights ("Additional Improvements"). 7-lO-20v2
H. Developer has elected to construct the Additional Improvements in excess of those specifically required by the conditions of approval, which are estimated to cost $3,362,838.
I. The City received $5.0 million from the Scannell/Fed-Ex project ("Developer Deposit") which is designated for future improvements along the San Bernardino County Airport perimeter.
J. City completed a comprehensive airport right-of-way survey funded by the Developer Deposit. Upon approval by the Federal Aviation Administration ("FAA"), the City will proceed to acquire the necessary ultimate right-of-way for the streets surrounding the airport.
K. Concurrently with this Agreement, the City entered into a Right of Entry Agreement with San Bernardino County to facilitate the construction of the Additional Improvements, while the City awaits approval from the FAA to proceed with the formal right-of-way dedications along Merrill Avenue.
L. The remaining Developer Deposit will fund additional enhancements on Merrill Avenue, including sidewalks, landscaping, and lighting.
M. The Preserve Circulation DIF program will offset costs not covered by the Developer Deposit for the construction of Merrill Avenue and the Additional Improvements, as established in Chapter
3.45 of the Chino Municipal Code ("DIF Ordinance**).
N. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance ("Nexus Reports").
O. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, Developer shall be entitled to reimbursement for eligible costs of constructing the public facility. The DIF Ordinance specifically requires that the Developer and City enter into a reimbursement agreement.
P. Additionally, pursuant to the terms of the Development Agreement and the conditions of approval for said Project, Developer was required to design and construct public improvements along the perimeter of Euclid Avenue to mitigate traffic impacts resulting from the Project as a condition to the development.
Q. As part of the Euclid Avenue widening efforts, the City is responsible for the west half of the street improvements and raised Euclid Median between Merrill and Eucalyptus Avenues ("Euclid Improvements")
R. Over the years, City developments along the Euclid Avenue corridor located in the Citywide DIF program paid an in-lieu-of-construction fee for the Euclid Median and Widening. The City will utilize these in-Iieu deposits to offset costs associated with the Euclid Improvements.
S. The City will include a new project in the next update to the Nexus Report to cover costs not funded by the in-lieu fees for Euclid Avenue Improvements. DIF ensures adequate funding for regional infrastructure in the general City area.
T. The Euclid Improvements are estimated to cost $5,331,013 based on competitive bids.
U. Developer will proceed with finalizing engineering plans for the Additional Merrill Improvements concurrently with the commencement of construction for Merrill and Euclid Improvements (referred to collectively as "Public Improvements") as shown on Exhibit C. This coordinated approach is essential to avoid project delays, niinimi2» road closures, and maintain the project schedule, thereby minimizing disruptions to traffic and the local community.
V. Developer agreed, at its own expense, to flunish all equipment and materials necessary to perform and complete in a good and workmanlike manner, the improvements and to advertise, publicly bid, and award a contract for construction of the Public Improvements in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code.
W. The City and Developer are committed to expediting the completion of Public Improvements, which may require overtime pay for night and weekend work to meet this objective. City will allow additional expenses under the construction contract for this effort, recognizing its community benefits and the financial burdens faced by affected businesses in the area.
X. Allowances for soft costs related to engineering and inspection shall not exceed 25% of the construction costs. If these soft costs exceed the 25% threshold, the excess amount will be borne solely by the Developer.
Y. Developer and City desire to memorialize herein Developer's right to the highest priority reimbursement of funds from the Preserve Circulation DIP Fund, Citywide Circulation DIF Fund, and In- Lieu Fees in consideration of the construction of the Public Improvements.
Z. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensiue that construction of the Public Improvements is undertaken in accordance with the City's Plans and Specifications, and the laws and ordinances pertaining to the construction of the Public Improvements, (iii) to provide the methodology for establishing the reimbursement amount to which Developer shall be entitled after completion of the Public Improvements.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parlies hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Public Improvements. Developer shall construct the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to complete the Public Improvements fully and adequately.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until ail plans and specifications for the Public Improvements have been submitted to and approved in writing by City ("Plans and Specifications"). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.
2.2 Permits and Notices. Prior to commencing any work. Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.
2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City's Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Developer's general contractor for the construction of the Public Improvement (''General Contractor") shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (b) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.
2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Schedule of Performance attached as Exhibit D.
2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of their performance of the work.
2.6 Alterations to Public Improvements. AH work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent material alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any material alterations to the Plans and Specifications, it shall provide written notice to City of such proposed material alterations.
City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such material alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the material alterations within such ten (10) business day period, City will be deemed to have disapproved such material alterations to the Plans and Specifications. Any and all material alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement.
2.7 Force Maieure. Developer agrees that tlie time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer's detailed efforts to avoid such delay, which references this section and deliver such notice within twenty (20) days of discovering such delay, and Developer's obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer's performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.
3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City's request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by (Ility and in the form and upon terms approved by City ("Security"). The amount of the Security shall be based on the estimated actual costs ("Estimated Costs") to constnict the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.
Providing the Security shall not release Developer of its indemnification obligation in Section 4.
3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as defined in Section 13, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are completed by Developer, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.
3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, malerialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than fiffy percent (50%) of the Estimated Costs.
All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.
3.3 Additional Requirements. The surety fOr any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.
4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or wiUfiil misconduct of Developer in connection with the performance of this Agreement ("Claims")- This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonable attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence, fi-aud, or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction and excludes any Claims arising out of incidents occurring after the date of the City's acceptance of the Public Improvements. Developer's obligation to indemnify regarding Claims arising from incidents occurring prior to the date of the City's acceptance of the Public Improvements shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
5. Insurance.
5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.
5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
5.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($ 1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such Insurance shall be endorsed to include contractual liability.
5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 53 Additional Insured: Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of ite protection to City, its elected officials, officers, employees, or agents.
5.4 Primary Insurance: Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
5.6 Term: Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to City.
5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least -'A-" and FSC-VIII.
6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.
Prior to acceptance by the City, it shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section. City may, upon written notice and Developer's failure to remedy as provided in Section 13, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence, fi-aud, or willful misconduct of City, its elected officials, employees, and/or agents.
7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into confonnity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer's contractors shall make all such modifications and corrections requested by City Engineer.
8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the subject property.
9. Acceptance of Improvements: As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 ("Notice of Completion"), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor, except as expressly set forth herein. Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides the "as-built" or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials ^mished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance wth the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for reimbursement. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. Reimbursement.
11.1 The City Engineer has determined that the total cost of the Public Improvements that are eligible for reimbursement are estimated to be Fifteen Million Seven Hundred Nine TTiousand One Hundred dollars ($15,709,100) (^'Estimated Costs"). The Estimated Costs shall be subject to adjustment based on the final accepted and approved "as-built" plans and specifications and the review of actual cost documentation by the City Engineer upon the final acceptance of the Public Improvements by the City ("Actual Cost").
11.2 Developer shall be reimbursed for the Actual Cost that the Developer incurs to construct the Public Improvements pursuant to the procedure set forth in this section. 113 Reasonable Soft Costs. City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement. Such amounts may include professional engineering and design services, constraction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys' fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed twenty-five percent (25%) of the construction costs. Any soft costs incurred by Developer in excess of such twenty-five percent (25%) of the construction costs, as approved by the City Engineer shall be the sole responsibility of Developer. Additionally, City Engineer may, in his or her reasonable discretion, reduce or disallow reimbursement for any costs he finds excessive or unreasonable.
11.4 Developer may submit to the City payment requests during the course of construction based on completed work. Developer shall provide documentation supporting each payment request, including but not limited to progress reports, material receipts, and any other relevant documentation requested by City.
11.5 City shall, within ten (10) days after the submittal of such payment request, review and approve the invoice or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. City may extend this review for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal. In the event of the delivery by City to Developer of a request for revision, Developer, City and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate, and City shall then, within five (5) days after the resubmittal of such invoice, review and approve the invoice or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City shall provide payment of the invoice to Developer within five (5) days after such approval. City's review of invoices hereunder shall be conducted in good faith and City's approval shall not be unreasonably withheld, conditioned, or delayed.
11.6 The City shall retain five percent (5%) of each progress payment as retention until final completion and acceptance of the Public Improvements by the City. The retention amount shall serve as security for the satisfactory completion of all obligations under this contract, including rectification of defects and outstanding workmanship prior to the final acceptance of Public Improvements. Acceptance of the Public Improvements shall be subject to the procedures in Section 9 of this Agreement.
11.7 Final Payment. City shall reimburse the remaining balance of the Actual Costs to Developer, including any withheld amounts, upon satisfaction of the following:
11.7.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.
11.7.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics' lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.
11.7.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted final as-built drawings for the Public Improvements to City Engineer.
11.7.4 Acceptance of Required Public Improvements bv Citv. The City Council shall have accepted title to the Public Improvements. 11«8 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
11'9 Citv Ability to Reimburse. The City represents and warrants that it has the financial ability and means to pay all reimbursements described in this Agreement. The City further warrants that it has allocated sufficient funds and identified future funding sources and obtained all necessary approvals to fulfill its payment obligations under this Agreement.
12. Assiunment. Prior to completion of the Public Improvanents, Developer may assign this Agreement to a third party ("Assignment"), subject to the approval of City's Director of Development Services ("Director") in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee ("Assignee") as requested by City including but not limited, evidence of Assignee's right to acquire the subject property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release the assignor.
13. Default: Notice: Remedies.
13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Norice of Default"). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days after its receipt of the Notice of Default, or such longer period as is reasonably necessary to substantially commence such remedial work. If the default or violation constitutes an immediate threat to the public health, safety, or welfare. City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.
13.2 Failure to Remedy: Citv Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 13.1 of this Agreement and diligently prosecuted to completion. City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
10 133 Other Remedies. No action by City pursuant to tiiis Section 13 shall prohibit City from exercising any other right or pursuing any other legd or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Develop)er fails to comply with any other obligation contained herein. Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys* fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
15. Miscellaneous.
15.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
15.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the lime of mailing if mailed as provided in this Section:
To City; City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Hye Jin Lee, P.E.
Director of Public Worics
Email; [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Atm; Fred Galante, Esq.
Email; [email protected]
To Developer: Euclid Land Venture, LLC
c/o Real Estate Development Associates, LLC
4450 MacArthur Blvd., Suite 100
Newport Beach, California 92660
Attn; Jeff Johnston
Email; iiohnston@j'edallc.com
11 With Copy To: Allen Matkins Leek Gamble Mallory & Natsis LLP 2010 Main Street, Eighth Floor
Irvine, California 92614
Email: [email protected]
15.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
15.5 Construction: References: Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, au^ent, or describe the scope, content, or intent of this Agreement.
15.6 Amendment: Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.
15.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or obligation.
15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15.10 invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15.11 Governing Law: Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties* activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
15.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
15.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
15.14 City Officers and Emoiovees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successoifs) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or 12 any successors) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terras of this Agreement.
15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
15.16 Attorneys' Fees. Notwithstanding the provisions of Section 14 above, in the event of any litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of litigation reference:
15.17 Eyhlhits. The following exhibits are attached hereto and incorporated herein by Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D Schedule of Performance
Exhibit E Estimated Costs
(SIGNATURES ON FOLLOWING PAGE]
13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
APPROVED AS TO FORM:
ALESHIRE & WtoDER^LLP
Fred Galante
City Attorney
APPROVED AS TO CONTENT:
LeHye
Director of Public Works
ATTEST:
By:
Natalie Gonzaga
City Clerk
, -y
EUCLID LAND VENTURE, LLC,
a Delaware limited liability company:
By: RBV Euclid, LLC,
a Delaware limited liability company,
its managing member
By: REDA Bascom Ventures, LLC,
a Delaware limited liability company,
its managing member
By: Real Estate Development Associates, LLC,
a California limited liability company,
its administrative member
By:
Carl W. Golte^ann
Authorized Sw^atory
CITY OE NO
Dr da Reich
anager
Dated:
14 CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT CIVIL CODE 9 1188 A notary public or cither officer completing this certificate verifies only the Idently of the indhMual who signed the document to which this certificate is attached, wd net the truthfuinees, accuracy, or vaBdIty of that dociffnert.
State of California
County of
On
Dete
personally appeared
before me, ^
Hem Inswt Name and Tide of the Officer
uD.
Name(s) of Sfgner^)
who proved to me on tiie basis of satisfactory evidence to be the person^^whose name^T^^are subscribed to the within instrument and acknowledged to me that (ff^^e/they executed the sarne in ^fiS/her/their authorized capacity(ies); and that byfi^er/their signatureW'on the Instrument the person(8). or the entity upon behalf of which the person^s) acted, executed the instrument ' 'OANAOmELo' ' ICOMM. #2394774 2
Notary Public • California g
Orange County
My Cynrn. Expires Fefa^ 23^ 2(^ [
I certify under PENALTY OF PERJURY under the laws
of the State of Caiifomia that the foregoing paragraph
is true and
WfTNESS and Qffi^isrseal.hand
Signature
StgrmtumxeNot
Place Notary Sea/ Atx>ve
OPTIONAL
Though this section is opffonaf, completing this information can dbfer alteration of the doci^nent or fraudulent mattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:
Number of Pages: Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Doc
Signer's Nam
ument Date:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Cons«vator
□ Other.
Signer Is Representing:
e:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other
Signer Is Representing:
Q2014 National Notary Association • virww.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6^7) it^n #5907 01225
EXHIBIT A
LOCATION MAP
lATTACHEDl
A-l
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C
EXHIBIT "A"
ORBP
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PROPOSED
BUILDINGS
c
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D
en CITY OF ONTARIO _ J I
CITY OF CHINO
MERRILL AVE.
jnm DRAM MPRmoors 10 ~i500' south of yosou.
sncn VRMkons to •400'
LEGEND:
PROPERTY BOUNDARY
STREET RIGHT OF WAY
STREET CENTERUNE
STREET WIDENING & STORM DRAIN WORK WITHIN
WestLAWP
JCrOUp/ Inc. Engineering •GeospaCal* land Planning4150 CONCOURS, ONTARIO. OA 91764 PHONE: (909) 989-9789 FAX: (909) 969-9660 N.T.S.
Ontario Ronch Business Pork Specific Plan
EXHIBIT B
CONDITIONS OF APPROVAL
lATTACHEDl
B-l
EXHIBIT "E"
TO THE DEVELOPMENT AGREEMENT
DESCRIPTION OF REQUIRED IMPROVEMENTS
1. OWNER shall design, construct, and complete the following Improvements, Potable Water (WT), Storm Drain (SD), Streets (ST), Sewer (S\AO, Recycled Water (RW), and Fiber Optics (FO), as descnbed, prior to OWNER'S request for final occupancy of the first building:
a. WT on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water GIF Project WT-011).
b. WT on Sultana Avenue between Eucalyptus Avenue and Memll Avenue.
c. WT on Eucalyptus Avenue between Euclid Avenue and Grove Avenue (Local Water OIF Project WT-011).
d. WT on Eucalyptus Avenue between Grove Avenue and Carpenter Avenue {Regional Water DIF Project, portion of Phase 2A Water). e. WT on Merrill Avenue between Euclid Avenue and Walker Avenue (Local Water DIF Project WT-011).
f. WT on Walker Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water DIF Project WT-011).
g. SD onsite detention shall be designed, constructed, and completed by OWNER prior to issuance of the first building permit. However.
OWNER is eligible to request from CITY a grading permit prior to the completion of the SD onsite detention.
h. OWNER shall contribute to the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall participate in funding the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall pay the CITY within thirty (30) days of the execution of the Agreement, in the amount of Two Million Four Hundred Forty Six Thousand One Hundred Ninety One Dollars ($2,446,191) in recognition of OWNER'S contribution to the ultimate Euclid Avenue SD connection south of Merrill Avenue. Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIF Credit in the Regional Storm Drain Category equal to the contribution amount 37 B-2
paid to the CITY. Such Regional Storm Drain Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. OWNER shall also mitigate flooding of existing storm drain facilities downstream of the Project site, in the City of Chino, caused by the Project, to the satisfaction and approval of the City of Chino and the City Engineer.
(. SD on Euclid Avenue from Eucalyptus Avenue to Merrill Avenue.
J. SD on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
k. SD on Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.
I. SD on Merrill Avenue between Euclid Avenue and Sultana Avenue. m. As part of the SD improvements the OWNER shall be responsible for the Plan and Profile drawings of the ultimate SD improvements downstream on Euclid Avenue from Merrill Avenue to the ultimate point of connection south to Pine Avenue, in the City of Chino. to the satisfaction of the City Engineer.
n. SD bleeder line or alternative interim connection at the discretion of the City on Euclid Ave south of Merrill Ave. This shall connect to the SD on Merrill Ave between Euclid Ave and Sultana Avenue. o. Two (2) Debris Separation Baffle Boxes at the intersections of Euclid Avenue and Merrill Avenue.
p. Full half ST improvements on the south half and circulation lane improvements on the north half of Eucalyptus Avenue from Euclid Avenue to Sultana Avenue.
q. Full half ST improvements on both sides of Merrill Avenue between Euclid Avenue and Sultana Avenue.
r. Full half ST improvements on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
s. Full half ST improvements on the west side and circulation lane improvements on the east side of Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.
38 B-3
t. Modifications to existing traffic signals at intersections of Euclid/Eucalyptus Avenues and Euclid/Merrill Avenues.
u. Bus rapid transit (BRT) Improvements along Euclid Avenue.
V. Traffic Signal at Sultana/Eucalyptus Avenues.
w. Traffic Signal at Sultana/Merrill Avenues.
X. SW (Westem Trunk Sewer) in Euclid Avenue (or through the Chino Airport) between Kimball Avenue and Merrill Avenue (Regional Sewer DIE Project SW-002).
y. SW (Westem Trunk Sewer) on Merrill Avenue between Euclid Avenue and Sultana Avenue (Regional Sewer DIP Project SW-002). z. SW in Euclid Avenue between Merrill Avenue and Eucalyptus Avenue (Local Sewer DIP Project SW-011).
aa.SW in Sultana Avenue between Merrill Avenue and Eucalyptus Avenue.
bb.RW in Euclid Avenue between lEUA point of connection on Eucalyptus Avenue and Merrill Avenue.
cc. RW in Merrill Avenue between Euclid Avenue and Sultana Avenue. dd.RW in Sultana Avenue between Menil! Avenue and lEUA point of connection on Eucalyptus Avenue.
ee.FO on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
ff. FO on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
gg. FO on Merrill Avenue between Euclid Avenue and Sultana Avenue.
2. CITY shall design, construct, and complete the Phase 2 Water (WT) Improvements and Interim Chino Avenue Loop. The Phase 2 Water Improvements wilt be constructed by the CITY In phases, with the Initial improvements, designated as Phase 2A Water Improvements, Interim Chino Avenue Loop, and Phase 2B Water Improvements as described below
39 B-4
a. Phase 2A Water Improvements shall consist of the following:
i. WT on Grove Avenue between Eucalyptus Avenue and Chino Avenue (Regional Water DIP Project WT-010).
b. Interim Chino Avenue Loop shall consist of the following:
i. WT on Chino Avenue between Cucamonga Channel and
Grove Avenue, which will provide the second point of
connection from the 1010 Pressure Zone (Local Water DIP Project WT-009).
ii. Pressure Reducing Station at Grove Avenue and Chino Avenue, which will provide the second point of connection from 1010 Pressure Zone (Puture Local Water DIP Project wr-009).
OWNER shall pay one hundred percent (100%) of the costs to construct the Phase 2A Improvements and the Interim Chino Avenue Loop, within forty-five (45) days prior to the CITY'S award of contract, and such payment shall be the "Phase 2A Water Payment". The costs in the foregoing sentence shall equal the actual bid amount of the awarded contracts for the work, plus fifteen percent (15%). Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIP Credit in the Regional Water Category and/or the Local Adjacent Water Category, as appropriate. Each DIP Water Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment.
c. Phase 2B Water Improvements shall consist of the following:
i. WT on Prancis Street between Grove Avenue and Bon View Avenue (Regional Water DIP Project WT-010).
il. WT on Bon View Avenue between Prancis Street and the Bon View Reservoir Site (Regional Water DIP Project WT-010). ill. WT - Nine (9) Million Gallon reservoir at Bon View Reservoir Site (Regional Water DIP Project WT-014).
iv. WT - Two (2) Groundwater Production Wells in vicinity of Bon View Reservoir Site (Regional Water DIP Project WT-007). 40 B-5
V. WT on Grove Avenue between Chino Avenue and Francis
Street (Regional Water DIP Project WT-010). The final design and alignment north of Riverside Drive is subject to change at the reasonable discretion of the CITY.
The Phase 2B Water Improvements will be constructed by the CITY and funded by future developers. In recognition of OWNER'S payment towards funding one hundred percent (100%) of the Phase 2A Water Improvements and Interim Chino Avenue Loop, the OWNER'S obligation to participate in the funding of the Phase 2B Water Improvements shall not be required for the Property. CITY and OWNER mutually agree and understand, that with completion of Phase 2A and the Interim Chino Avenue Loop, the project will be utilizing interim water supply and storage capacity from the 1010' Pressure Zone and that other developers will be required to participate in the funding of future Phase 2 Water Improvements to support the permanent water supply and storage needs of future development within Ontario Ranch.
41 EXHIBIT C
PUBLIC IMPROVEMENTS
(ATTACHEDl
C-1
LOCATION MAPr
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C-2 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
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MATCHLINE - SEE BELOW LEFT
T
LEGEND
EUCALYPTUS AVENUE
INSTALLED PUBLIC STREET
INSTALLED LANDSCAPE
INSTALLED TRAFFIC LIGHTS
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
MATCHLINE - SEE ABOVE RIGHT MATCHLINE - SEE SHEET 2
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200
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r= 200'
200
EE
400
feet
SHEET 1 OF 2
03 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
MATCHLINE - SEE SHEET 1
MERRILL AVENUE^1 cmr or Ontarioo
f.w
CITY BOUNDARY
cm^ OF CH NO
LEGEND
111
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^estLAND
INSTALLED PUBLIC STREET
^ INSTALLED LANDSCAPE
jl ♦ INSTALLED TRAFFIC LIGHTS
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
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200
scale
200
1"= 200"
400
feet
SHEET 2 OF 2
EUCLID AVENUE
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C-5 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
V
' CflY OF OHTAWO
Ti
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MERR LL AVENUE
lU
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CfTY BOUNDARYCfTY or CHINO
OTY OF ONTARIO MERRILL AVENUE
CITY eOUMMRYcmr OF CHNO
LEGEND
' INSTALLED STORM DRAIN
INSTALLED TRAFRC SIGNAL
INTERCONNECT
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INSTALLED PUBUC STREET
I I INSTALLED SIDEWALK
INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS
O D INSTALLED STREET UGHTS 200
scole
200 400
r= 200' feet
SHEET 1 OF 2
C-6 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
bl MERRILL AVENUE OTY OF ONtAR»cm OF ONTARO
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crrr boundaryarc OF CHMOarr or cmno
g iMERRia AVENUE
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LEGEND
INSTAaED STORM DRAIN
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
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INSTAUID PIAUC STREET
I I INSTALLED SIDEWALK
INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS
O D INSTALLED STREET UGHTS
r= 200'
400
feet
SHEET 2 OF 2
EXHIBIT D
SCHEDULE OF PERFORMANCE
lATTACHED)
D-1 ORBP
Offsite tmpiovements Schadul*
o TakNim* lOuniioa sun FMih |Pinlinuiuis
1 OfWP OVERAU SUMMERY SCHEOULl 3fil days Thu 5/23/24 Mon 7^25 MtrrUI Am. Imp North SMe Strwt (Eucfid to 6roM) 71 days Mone/10/24 Sati/31/24 } Slerm Oriin Otili S Approval (PC 2 Si^Ktrd 5/10/24) 38 days Mon 6/10/24 Wed 7/24/24 ~4~ NonUr - Bon View / Merhll AddHlonii CB • Uptlied C8 15 days Thu 7/25/24 Sat 8/10/24 3 s Horsar - Bon View tnlencctlan DW Une Contvuctlon Sdays Mon 7/1S/24 Fit 7/19/24 NorsUP - Bon View InlefMetlen RW UMConttnxtlon Sdays Thu 7/1B/24 Tua 7/23/24 SFS-3days 7 PW/RW Testing end AuepTance Udays Sat 7/K/24 fn 8/2/24 5 ■ NersMr-Ben View Ci. MH v CBi (no Impaa to Sti. Imp.) 10 days Mon S/12/24 ThuB/22/24 4 \'i«sv/Mrmll hilcup^lfAH [loithxlinf Soil Cemchl] ts djvi lL.r»/(./J4 IhLP«'/»/2'l 5,6.4FS4 days ' io~ S4* iS-sotcconfmjctioA 10 days Tub 6/11/24 Fri 6/21/24 "Ti" 60*iS*McrrtllAve. E»tSyHraOW2 JS UpM* tan to 60* 23 days Mon 7/8/24 Fri 8/2/24 12 60' IS Kecwittioct RC( Pavrm«int S dayi Sal 6/17/21 Ihua/12/24 lt9FF "fj form/Poot Stid«wilk Jdayi ItiS/n/M Mui. t/26/74 IW
14 DO TrnI 5 ddT) ImS/jj/M WrdS/2»/24 1355
1J Atxi suipiiqr idays Frt8/Z3/24 Mon 8/26/24 9
It ri>oVvif SwiKh ScHJih <o ^cxtti Soir }days Thu a/29/24 Sat 8/31/24 i4Ai2.ia,i5 17 0 Itj-,n P.i-I !,• 'jl !.'3I'/4 16,10
' ii~ Mtnfll Awe. Imp South Shtc (EuclM to Grovo) 161 days Men e/17/24 ThuU/26/34 "it Oty Chirpo / Cocmty Encroeehmenl Agroemem (Placeholder) iday Thu8/V24 Thu 8/1/24 ' » Nortlwlde TrilTtc Control Plan (Pcndaig from All Amaricai) SO days Mon 6/17/24 Wed 8/14/24 21 South Side Road Imprevemant* (EjrduAig Eucfld Inmrucllon) Wdays Tua B/1/24 Wad 12/18/24 ~a Clei' h Cs^4l^ / I •rkv«tio*i 11 davh Iurs;j774 Ihu <>,'191 J.I 19J0,15 ~a / HiiOil 4 prkviviv 19 .+•>•« fn o/!ii';r Pi.' IC/!./4 22 CMne - Irrlptton - Water Servkaa Sdays Wad 10/2/24 Mot) lB/7/24 23 25 Cn-.m.-M 'All 5 rtiyi V.14!'.' l/!'l M;lli 23
Odne-SttaetUgliti 15 days TmIO/B/24 Thu 10/24/24 25
~27~ Odne-SidBwaai IS days FH10/25/24 Mon 11/11/24 26
21 CMno - Iwidicepint and trrtgallen Wdays Tua 11/11/24 Wad 12/18/24 27 a~ 14a,. lik< LO/8/24 S,.l ;0,'12.'14 25
» Soil Ccniinl |( iiiiiiiiir R Vafui now) ( dert Moo 10/14/24 Thu lC/l'i/4 29 11 A^(7c<f >t« Elis4 < anstrcclion a day. f'l 10/11/74 Sat in//6'/4 30 u Odno-Ntidnt bnpememaett ISMys I8M1Q/2B/24 WadU/lVM 31 u UifCAiuirCC htor^ection PMin4 to day* Mon 10/2S/24 Thu 11/7/14 31 "5~ CftfTiftwf PCC >nt«n«*ction Pfvlng 10 dayv Sal li/7/14 WnIl5/ll/J4 33FS-Sda^ 35 Oun Vm PCC lnl»ri«(tion P«vint lOdayt FriU/»/24 t.ra I I/1P/J4 34FS4dayi 1 Lr- _A_ 1 ° 0 , J . r , M , * , M _L_ i . s
' 1/3
OW / S<XC Summay Schadul*
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D-2 ORBP
Offittte Improvenwnts Scheduto
SOIC l>Cf Ifltctmlton ttmnt
Aiphatl ftiu pMin(
Cap Pptfhri
S.I/.i Slnpini
Avc. OpmloTrtffle
Marrfl Ave. Mgnalt 9 Suttuii Avv.
Merrtll Ave. Sl|n*l»9CinipuiAv*, bon WewAve. &S01C Enliy M^ril Ave. Complete
Eueilypbti Ave Improvcmenti
Tempenfv Atphiit Pavtnf M Eucelvptu* / EudM Open to Trifflc TP..1I.. U'lil, .11.1,1 It I'-.-'t. .) I:.
Sa Pate MocMton, North sue
Cil Wea UndergrourMi Eut
Cil West Underground West
SCE Power hvilch Over
frooUer Overhead line Remove!
SCE WOdl.S Pole Removal / Releeatton
EtolypttB Ave. Closure / Compiete Water tiRptovemrti
TempEudld/Euulypcus SlgnelImp. Approved (PtrrdlngAtAherbarienlo Proceed)
Eudid Ave Improvements
EucBd Ave Street Imp. North to Eucelvptus Soutit BCR
EucEd Avattue Street Imp ■ MtrrM Ave. Street Ooturt
I lullk Courittl Sfrrrl riiniiic
EacH Avenue street Imp - Mtrrfll tntersecdon Cest
CountY Eesemenf Approval - Pocilble Approvel Date
Eicevetkin 1 Subaiadc
Brloictr $r((niil (iiulrmrnt (tflni ii r
OsinaWater VeuH Subrttitlal Approval / Constiueltait
Conrplrlv .SD / Cetch flatira an S'julli Side
PUreCAB
linr Grade * Pore Cuih A Outer
ruM Grade tor PCC Pavina
PCC Pavemem
AC Sate Pevltif (IntliMhiig rretiiRleo hem Eatrtine)
AdRnt Utilltict y Cenrech
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IS deyt Thu U/J4/2a Wed 11/27/24 '3S~PS4di^~
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EXHIBIT E
ESTIMATED COSTS
[ATTACHEDl
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM-aoon
LOCATION : MwrW Avmw -EudM to Omo
By.
DATE:
flofo NicKlimoy
7mmu
RESOLLmON NO 2022-007
EXHIBIT C
Quantity Untt Ram UnH
Price
Total Coat
Per Item
STREETS
EA Tree RemovN S 800.00 3
CY Concrete Removal S 325.00 3
5328 CY AC Pavement Removal 3 100.00 3 532.800.00
CY Imoorted Common Fit! fincl. Comoacdonl S 34.00 3
103700 SF Preparation of Suborade. Sidewalk and Pavtno 5 1.00 3 103.700.00 5880 LF PCC 8' Curt & 24' Gutter on 6' AB S 26.00 3 152.880.00 LF PCC 6' Curt & 24' Gutter on 6' AB S 24.00 3
LF PCC Curb Onlv 3 20.00 3
2330 LF 8' A.C. Berm 3 20.00 3 46.600.00
SF 8' PCC Crosa Gutter on 6' AB S 16.00 3
26405 SF 4" PCC Sidewalk 3 5.80 3 153.149.00
6421 SF 6' PCC Ttlck Drive Approach on 6' AB 3 12.50 3 80.262.50 SF 8' PCC Thick Drive Approach on 6'AB 3 15.00 3
LF 2" X 6' Redwood Header 3 7.50 3
EA Street Sign and Post 3 475.00 3
0 EA Traffic Sign and Post 3 400.00 3 3.600.00
EA Reflector Sion and Post 3 175.00 3
EA Painted Leoend 3 6.50 3
67233 SF PCC Pavement 3 5.00 3 336.165.00
TON AC Variable - <300T 3 130.00 3
4317 TON AC Variable - >300T 3 120.00 3 516.040.00
TON CAB Variable - <300T 3 100.00 3
7159 TON 5 3 90.00 3 644.310.00
EngCostEsttnato Page 1 of 10 Eflectivo Date: January 1.2021
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
ItanM Avmiim • Eucid to Grovo
Slara ttocKiiMMy
mVMU
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit ttam Unit
Price
Total Cost
Per Item
STREETS
6 EA AOiust Sewer Manhole to Grade S 950.00 $ 5.700.00 EA AdhJst Sewer Cleanout to Grade $ 500.00
9 EA Miual Water Valve and Can to Grade S 525.00 S 4.725.00 19 EA Street Uoht ICitv Owner) S 7.700.00 S 146.300.00 EA Electrical Pedestal $ 6.500.00 $
EA Lot Monument Settino Fee S 550.00 $
LF Sawcut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 $
SF Cold Plane A.C. 2" Thick S 0.28 $
LF ^nina & Striolno for
Arterial S 19.00 $
Colector S 13.00 J
Local $ 7.00 $
5 EA Traffic Skinal (8 - Phase Controtterl S 350.000.00 S 1.750.000.00 EA Modify existina Traffic Slanal oer Quadrant $ 75.000.00 $ LF Chain Link Fence
6 foot School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add S9.0(M.F for Removal of
Existina Fence) S 35.00 5
EA Utilltv Poles
Transmission 5 11.500.00 $
Distribution S 8.000.00 %
Service $ 3.000.00 $
EngCostEstimM Page 2 of 10 Efloctivo Dale: January 1.2021
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
Phuooi*
IMnffl Avvnwt - EuclM to Qrev*
•tan ItocKtaiwy
ravzu*
RESOLLmON NO 2022-007
EXHIBIT C
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
26919 SF
Landscape (Including shnjbs, Herdscape, Irrigation. Orotatd Cover, Lighting, Installation Labor and Conrtectlon to
Exists Systems) S 15.00 S 433.765.00
LF
14 foot Martian wiUi Landscape. Irrigation, Lighting,
Hardscape, Curb. Gutter & Pavement S 300.00 $
Rail Road Crossing
LS
Safety Equipment (Complete Irtctijdlng Crossing Gates,
Signs, and Lights) S 500.000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Aooroach S 4.00 $
5 EA S.W. Ramos (ADA. Compliant) S 4.000.00 S 20.000.00 22 EA Traffic Signal Loops S 600.00 S 13.200.00
7080 LF SIGNAL INTERCONNECT CONDUIT & CABLE $20.00 $ 141.600.00
STREETS
STREET SUBTOTAL 6 5.086.616.50
LS MobHzation (5% of Construction Cost) 5% $ 254,340.83 LS Traftic Control (S% of Construction Cost) 5% S 254.340.63 LS Clear & Grub Site (5% of Construction Cost) 5% $ 254.340.83 LS Excavation (Clean Material) (51^ of Construction Cost) 5% $ 254.340.83 GRAND TOTAL STREETS ONLY $ 6,104,179.80
EngCos^stknate Page 3 of 10 Eftodive Oats: Januwy 1.2021
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE;
Manril Avmm • EucM to Orovt
tloro MoclCiniwy
mvnu
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Item Unit
Price
Total Coat
Per Hern
WATER
LF Trench SwoorVShorlna (6 foot deotht S 15.00
CY Pioe Beddirm & Comoactlon dmoorted) S 90.00 %
LF
6' Pipe & Fittir>gs InstaRed, including excavation, l)edding, backfil and oavement restoration S 60.00
LF
8* Pipe & FitUngs InstaRed, including excavation, bedding, backfHI and oavement restoration. $ 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration S 135.00 J
LF
18' Pipe & Fittings installed, including excavation, beddirrg, backfill artd oavement restoration S 175.00 5
LF Removal. Disposal of ACP ar)d BackfHI $ 150.00 s
EA 6' Gate Valve S 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hydrant Assemblv oer Citv Std. S 7.500.00 S
EA Blow-off Assemblv 4' oer Citv Std. S 8.600.00 J
EA 2' Air Relief Assembly S 4.500.00 s
EA 1' Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mot>8zation (5% of Consbuction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 6% $
GRAND TOTAL WATER ONLY $
EngCosrEgtimrte Page 4 of 10 Eftectivg Date; January 1,2021
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
P«M001«
MtiiW AvwHW - Eucid tc Orom
ttora MacKlwwy
7090024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Kam Unit
Price
Total Coat
Per Hem
RECYCLED WATER
LF Trench SuDDorVShorina (6 foot depth) $ 15.00 $
CY Pipe Beddino Ihnoorted) $ 90.00 5
LF
6* Pipe & FitUngs Installed, indudirtg excavation, bedding, badcfil and pavement restoration S 60.00 J
LF
8* Pipe & FRIings Installed, including excavation, bedding, backs and pavement restoration. S 100.00 $
LF
12' Pipe & Fittings InstaHed. including excavation, beddbig, backfitt and pavement restoration S 135.00 %
LF
18" Pipe 8 Fittings Installed, including excavation. beddir>g. iMckfil and pavement restoration % 175.00 S
EA 6* Gate Valve $ 2.000.00 S
EA 8' Gate Valve S 2.600.00 $
EA ir Gate Valve $ 4.500.00 5
EA 18' Gate Valve $ 7.500.00 %
EA Fbe Hydrant Assembly per Citv Std. S 7.500.00 %
EA Btow-off Assemtbv 5' per Citv Stil. S 8.600.00 S
EA 2" Air Relief AssemtMv % 4.500.00 %
EA r Water Service/Meter S 3.500.00 %
EA 2" Water Service/Meter $ 4.500.00 s
RECYCLED WATER
RECYCLED WATER SUBTOTAL 5
LS Mobflzation 15% of Construction Cost! 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL RECYCLED WATER ONLY 8
EneCostEMmil* Page 5 of 10 Eflectiv* Date: January 1.2021 RESOLimON NO 2022-007
EXHIBIT C
CITVOFCHINC)
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
PM-3001<
ItonHI AvMiM - EucM to OrOM
Slani MaeKifiiMy
DATE: 7i2M024
Quantity Unit Item Unit
Price
Total Coat
Per Item
SEWER
LF Trendi SuDoort/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding. backfiH and pavemem restoration $75.00 $
LF
8' Installed, including excavation, bedding. bacMN and
pavement restoration $93.00 $
LF
10' Installed, including excavation, bedding, backfill and pavement restoration $103.00 $
LF
12' Installed. Induding excavation, bedding. badcfS and pavement restoration $123.00 $
LF
15* Installed, including excavation, bedding, backfill and pavement restoration $143.00 $
LF
18' Installed, kKfaidIng excavation, bedding. backfW and pavement restoration $163.00 $
LF
21' Installed, kiduding excavation, bedding, backfill and pavement restoration $193.00 $
LF
24' Installed, including excavation, bedding, backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00 $
EA Wyes 4* X 8* Typical $225.00 $
EA 48' Sewer Manhole $4,700.00 $
EA 60' Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS Mobkization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EngCo«(E«tlfn«la Page 6 of 10 Effeciiv* Dale; Januefy 1.2021 PROJECT NO:
LOCATION:
By:
DATE;
CITYOFCHINO
ENGINEERING COST ESTIMATE
MtrriN Amrw - EucM to Orow*
f l>w NtcWmwy
71230024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Itam Unft
Price
Total Cost
Per Item
STORM DRAIN
LF 24-X 36' C.M.PA (10 Gauael S 230.00 %
LF 27" X 43" C.M.PA (10 Gauge) $ 250.00 %
EA Storm Drain Manhole *1 3 10.000.00 S
EA Junction Stntcture #2 (24' or larger) S 8.650.00 J
EA Junction Structure #4 (24* or smaHer) S 4.000.00 s
EA Outtet Sbuchjre S 7.000.00
EA Catch Basin 3.5' Width S 7.200.00 s
EA Catch Basin 7' Width/L.D. S 7.900.00 $
7 EA Catch Basin 10' WkHri/L.D. S 9.950.00 S 69,650.00 EA Catch Basin 14' WkithA..D. S 11.000.00 $
EA Catch Basin 21' Width/L.D. S 13.000.00 $
306 LF
IB inch RCP Installed, including excavation, bedding,
backfiN and oavement restoration $ 200.00 S 61.200.00 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 s
LF
27 inch RCP Installed, including excavation, bedding,
backfiH and pavement restoration S 260.00 $
LF
30 inch RCP Installed, includirtg excavation, bedding,
backfill and pavement restoration S 260.00 $
LF
33 inch RCP Installed, including excavation. t>edding,
backfil and pavement restoration S 295.00 $
LF
36 inch RCP Installed, including excavaton, bedding,
backfill and pavement restoration S 310.00 $
LF
39 inch RCP Installed, including excavation, bedding,
backfil and pavement restCMation S 320.00 $
LF
42 inch RCP Installed, including excavatton. bedding,
backfn and pavement restoration S 330.00 s
LF
45 inch RCP Instalied, including excavation, bedding,
backfil ar)d pavement restoration S 360.00 $
LF
46 inch RCP Installed, including excavabon, bedding.
backfIN and pavement restoration S 385.00 s
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 440.00 s
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 500.00 $
EngCoXEsUmate Page 7 of 10 Effective Date: January 1,2021 PROJECT NO:
LOCATION:
By:
DATE:
RESOLUTION NO 2022-007
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
ManW AvMiM. EucM to Grew
ttori ttocKlmwy
invzou
Quantity UnH Ram Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfifl and pavement restoration S 560.00 8
LF
72 Inch RCP Installed. Indudirtg excavafion, bedding.
badcfN and pavement restoration S 625.00 8
LF
78 inch RCP Instated, including excavation, beddirtg.
badcIN and pavement restoration S 690.00 8
LF
84 inch RCP Instated. Including excavation, tredding,
badcfHI artd pavement restoration S 765.00 8
LF
90 Inch RCP Instated. Indudtng excavation, bedding,
badcfiil and pavement restoration $ 830.00 8
LF
96 Inch RCP Instated. Including excavation, bedding,
badcfiil and pavement restoration S 920.00 8
LF
102 inch RCP Installed, induding excavation. I>edding,
backfill and pavement restoration S 1.000.00 8
LF
108 inch RCP Installed, induding excavation, bedding,
badcfiH and pavement restoration S 1.075.00 8
LF
7' X 6' RCB Instated. Induding excavation, bedding, badcfM and pavement restoration $ 700.00 8
LF
7* X 8.5' RCB Installed, induding excavation, bedding,
badcIN and pavemenl restoration $ 820.00 8
LF
T X 9.5' RCB Installed, including excavation, bedding,
bacfcffll and pavement restoration $ 870.00 8
LF
8'x 11' RCB Instated. Induding excavation, bedding. badcfiH and pavement restoration 8 1.000.00 8
LF
8' X13' RCB Instated, induding excavation, bedding, badcfiil and pavement restoration S 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, badcffll and pavement restoration 8 1.000.00 $
LF
9' X 12' RCB Installed, induding excavation, bedding, backfill and pavement restoration 8 1.100.00 8
LF
4' X 6' RCB Installed, induding excavation, bedding. badcfiH and pavement restoration 8 680.00 8
STORM DRAIN
STORM DRAIN SUBTOTAL 8 130.850.00
LS Mobilization (5% of Construction Cost) s% 8 6,542.50 LS Traffic Control (5% of Construction Cost) s% 8 6.542.50 GRAND TOTAL STORM DRAIN ONLY 8 143.935.00
EngCostEtUmat* P«0« 8 of 10 Effecttw Date: January t. 2021 RESOLUTtON NO 2022-007
EXHIBfT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PM-2001*
MmtW Avanu* • EucM to Grovo
tlon MacKtoimy
703/2024
Quantity Unit Ram UnH
Price
Total Cost
Per Hem
DfftECT COSTS GRAND TOTAL STREETS ONLY 1 •,104,179S0
GRAND TOTAL WATER ONLY $
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $
GRAND TOTAL STORM DRAIN ONLY $ 143,935.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 6,248,114.80
PROJECT ADDmVES Pro/ecf Contingenel^s 10% t 624,5ff.48
Construction Stakfno 3% ? 187.U3.44
Soils Tectina 1% $ 82.481.15
Matertsl Testina 1% S 82.481.15
Conatructfon Inspection 4.8% 299.809.51
Contract Administration 1% 82.481.15
GRAND TOTAL (FOR BOND AMOUMTSI 7M7.722.88
EfloCostEsOmito PaoeSof 10 EflecOvo Date; January 1,2021 RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PHL2001I
UtrriU Amriw > EucU to Grev*
ttow ttocKinwy
7/21/2024
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
PnpandBy:
R.CJE. Numb^
Explnthn:
86559
9/30/24
^FES^
m«o
ca
No 85559
Hi-9/30/2024txp.
c/v\^
e or
Ptoc* RCJe. Stamp and Slgnmtun Hto (nquimO
BY CITY
Faithful Parformanca Bond (100% of Constrvedon Cosp
Labor & Material Bond (50% of Construction Cosp
Vi^rranty Bond (10% of Construcdon Cosb
7,547,700.00
3,773,900.00
754,800.00
EngCostEsOmato Page 10 of 10 Effective Date: January 1,2021
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PM-2001«
EucKd AvMiiw
Sian ItocKifWMy
7/110014
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Ram Unit
Price
Total Cost
Per Item
STREETS
EA Tree Removal $ 800.00 s
CY Concrete Removal S 325.00 $
3090 CY AC Pavement Removal S 100.00 3 309.000.00
CY ImDOrted Common Fill (Ind. ComDaction) S 34.00 $
242566 SF Preparation of Subgrade. Sidewalk and Pavtna S 1.00 $ 242.566.00 357 LF PCC 8" Curb & 24" Gutter on 6" AB S 26.00 $ 9.282.00 LF PCC 6' Curb & 24" Gutter on 6" AB S 24.00 $
3326 LF PCC Curb Onlv S 20.00 $ 66.520.00
LF 8" A.C. Berm S 20.00 3
SF 8" PCC Cross Gutter on 6" AB $ 16.00 5
SF 4" PCC Sidewalk S 5.80 S
SF 6" PCC Thick Drtve Ado roach on 6" AB S 12.50 $
SF 8' PCC Thick Drive Aporoach on 6" AB S 15.00 S
LF 2" X 6" Redwood Header S 7.50 $
EA Street Sign and Post S 475.00 3
EA Traffic Sian and Post S 400.00 3
EA Reflector Sian and Post S 175.00 3
EA Painted Leoend S 6.50 3
15487 SF PCC Pavement S 5.00 3 77.435.00
TON AC Variable - <300T S 130.00 3
2062 TON AC Variable - >300T S 120.00 3 247.440.00
TON CAB Variable - <300T $ 100.00 3
4273 TON CAB Variable - >300T S 90.00 3 384.570.00
EngCottEcBmate Page 1 of 10 Effective Date: January 1,2021 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINC)
ENGINEERING COST ESTIMATE
EuclM Avhiiw
ttow MtcKimwy
7/2S/3024
RESOLUTiON NO 2022-007
EXHIBIT C
Quantity UnH ttarn Unit
Price
Total Cost
Per Hem
STREETS
EA Adjust Sewer Manhi^ to Grade S 950.00 s
EA Adjust Sewrer Clearwut to Grade S 500.00 $
EA Adjust Water Valve and Can to Grade S 525.00 $
EA Street Uaht fCltv Ownerl S 7.700.00 s
EA Electrical Pedestal S 6.500.00 s
EA Lot Monument Settina Fee S 550.00 $
LF Saw cut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 s
SF CokJ Plane A.C. 2' Thick S 0.28 $
LF Sionlno & S^lno for
Arterial S 19.00 s
CoRector S 13.00 $
|j3cal S 7.00 $
EA Traffic Slonal (8 • Phase Ccmtroller) S 350.000.00 $ 4 EA Modify existina Traffic Sional per Quadrant S 75.000.00 S 300.000.00 LF Chain Unk Fence
6 fool School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add $d.00/LF for Removal of
Existina Fence) S 35.00 $
EA Utilitv Poles
Transmission S 11.500.00 $
Otetritnilion S 8.000.00 $
Service S 3.000.00 $
EngCo«tE«tlmai» Pag« 2 of 10 Eftoctiva Date: January 1.2021 RESOLUTION NO 2022-007
EXHIBIT C
CITVOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION;
By:
DATE;
PM-20011
Euclid AnwfiM
Hcfi NccKtency
inv»u
Quantity Unit Kam Unit
Price
Total Cost
Per Hem
STREETS
63731 8F
Landscape (Including shrubs. Hardscape. IrrigaOcn. Ground Cover. Lighting, Installation Labor and Connection to
Existino Systems) S 15.00 S 955.965.00
IF
14 foot Median with Landscape. IrrigatirHi, Lighting.
Hardscaoe. Curb. Gutter & Pavement $ 300.00 S
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates.
Sions. and Uahts) S 500.000.00 3
SF Track Crossina (Concrete) $ 175.00 S
SF Aooroach $ 4.00 $
2 EA S.W. Ramos (A.DA Comollant) % 4.000.00 S 8.000.00 13 EA Traffic Sianal Looos S 600.00 S 7.800.00
3300 LF SIGNAL INTERCONNECT CONDUTT S CABLE S20.00 $ 66.000.00
STREETS
STREET SUBTOTAL $ 2,674.578.00
LS Motiflzation (5% of (instruction Cost) 5% $ 133.728.90 LS Traffic Control (5% of Construction Cost) 5% $ 133.728.90 LS Clear & Grub Site (9% of Construction Cost) 5% $ 133,728.90 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 133,728.90 GRAND TOTAL STREETS ONLY $ 3.209.493.60
EnsCostEsdmcte Page 3 of 10 Eftective Date: Januaiy 1.2021 PROJECT NO:
LOCATTON:
By:
DATE:
CITY OFCHINO
ENGINEERING COST ESTIMATE
PIM001«
EucM AVMMM
ttow ItecKlniwy
7)230024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Itam Unit
Price
Total Cost
Per ttein
WATER
LF Trench SiASDort/Shorina 16 foot deotht S 15.00 S
CY Ploe Beddina & Comoaction (ImDorted) S 90.00 s
LF
6' Pipe & Fittings Installed, Including excavation, bedding, backfll and oavement restoration S 80.00 $
LF
8" Pipe & Fittings installed, including excavation, t>edding, backfil and oavenient restoration. S 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, beddir>g, backfiH and pavement restoration S 135.00 $
LF
16* Pipe & Fittings Installed, including ewavation, bedding, backfll artd pavement restoration S 175.00 s
LF Removal. Disposal of ACP and BadcfW S 150.00 $
EA 6' Gate Vatve S 2.000.00 $
EA 8'Gate Valve S 2.600.00 $
EA 12* Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hvdrant Assembly per Cftv Std. $ 7.500.00 $
EA Blow-off Assembly 4' per Citv Std. S 8.800.00 s
EA 2* Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mobizabon (5% of Construction Cost) 5% s
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL WATER ONLY $
EngCostEslfenste Page 4 of 10 Effecttve Dale: Januoy 1.2021 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINO
ENGINEERING COST ESTIMATE
PM-2Mie
EucH Avwiut
Slaii MtcKliwy
7I2S/M24
RESOLUTION NO 2022-007
EXHIBfT C
Quantity Unit Item Unn Total Coat
Price Per Item
RECYCLED WATER
LF Tmicn SuDDort/Shorfna (6 foot deothl S 15.00 %
CY Pipe Beddina flmoorted) S 90.00 $
LF
6* Pipe & Fittings Instalted. including excavation. i>eddlng. badcfili and pavement restoration S 80.00 S
LF
8' Pipe & Fittings Installed, including excavation. t>edding, badcfili and pavement restoration. S 100.00 s
LF
12' Pipe & Fittings Installed. indudir>g excavation, beddirig, badcfili and pavement restoration S 135.00 $
LF
16" Pipe & Fittings Installed, induding excavation, beddmg, backfill and pavement restoration $ 175.00 $
EA 6' Gate Valve $ 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18' Gate Valve S 7.500.00 $
EA Fire Hydrant Assembly per City Std. S 7.500.00 $
EA Blow-off Assembly 5' per City Std. S 8.600.00 s
EA 2" Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 s
EA T Water Service/Meter S 4.500.00 S
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobitzation (5% of Construcflon Cost) 5% s
LS Traffic Control (5% of Construction CosQ 5% %
GRAND TOTAL RECYCLED WATER ONLY $
EngCostEstimato Page 5 of 10 Effective one: January 1,2021 cm OF CUING
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION :
By:
DATE;
PM-20011
f ucM Amiim
Skin ItecKlniwy
rOMMM
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Kam Unit Total Cost
Price Per item
SEWER
LF Trench SupKKirt/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding, backfill and oavement restoration S75.00 S
LF
8' Instafied, including excavation, bedding, backfifi and pavement restoration S03.00 s
LF
10' Installed, including excavation, bedding, badcfB and pavement restoration S103.00 $
LF
12* Installed, including excavation, bedding, backfill and pavement restoration $123.00 $
LF
15* Installed, including excavation, liedding. backfHI and pavement restoration $143.00 $
LF
16* Instafied. induding excavation, bedding, baddU and
pavement restoration S163.00 $
LF
21' installed, including excavation. l>eddino, backfill and pavement restoration S103.00 $
LF
24* Installed, including excavation, bedding, bacfcfB and pavement restoration S208.00 $
EA Sewer Saddle S450.00 s
EA Wves 4" X 8* Typical S225.00 $
EA 48* Sewer Manhole $4,700.00 $
EA 60* Sewer Mantiole S7.500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS MobiRzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EnsCostEtttnato Page 6 of 10 EffecMm Dal«: January 1.2021 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINO
ENGINEERING COST ESTIMATE
FIMM16
CucUd AvMM
•ton HtcKtftwy
raaoo24
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Ham UnK
Price
Total Cost
Per Item
STORM DRAIN
LF 24" X 36" C.M.PA flO Gauoe) $ 230.00 $
LF Zr X 43- C.M.P.A (10 Gauoo) S 250.00 %
EA Storm Drain Manhole #1 S 10.000.00 S
EA Junction Structure *2 (24' or taroer) S 6.850.00 $
EA Jimcton Stnjcture «4 (24* or smaRer) S 4.000.00 s
EA Outlet Structure 6 7.000.00 %
EA Catch Basin 3.5' Width % 7.200.00 s
EA Catch Basin 7' Wldth/L.D. S 7.900.00 $
EA Catch Basin 10'WidthA..D. S 9.950.00 3
EA Catch Basin 14'WidthA..D. $ 11.000.00 %
EA Catch Basin 21' Width/L.D. S 13.000.00 %
LF
16 inch RCP InstaRed, including excavation, bedding.
badcfN and oavement restoration S 200.00 %
LF
24 Inch RCP Installed, including excavation, bedding.
backfiM and pavement restoration $ 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
badctn and pavement restoration S 260.00 $
LF
30 inch RCP Installed. indudir>g excavation, bedding.
badcfHI and pavement restoration S 260.00 t
LF
33 inch RCP Installed, including excavation, bedding,
backfN and pavement restoration S 295.00 s
LF
36 inch RCP Installed, induding excavation, bedding.
baddB and pavement restoration S 310.00 3
LF
39 inch RCP installed, including excavation, bedding,
baclcfH and pavement restoration S 320.00 »
LF
42 inch RCP Installed, induding excavation, bedding.
badcfM and pavement restoration S 330.00 3
LF
45 inch RCP InstaDed. including excavation, bedding,
backfill and pavement restoration S 360.00 3
LF
48 inch RCP installed, induding excavation, bedding,
backfill and pavement restoration S 365.00 3
LF
54 inch RCP Installed, induding excavation, bedding,
backfill and oavement restoration $ 440.00 3
LF
60 inch RCP Installed, induding excavation, bedding,
backfill and pavement restoration 3 500.00
EnsCostEsUmal* Page 7 of 10 Effecttvs Date; Januaiy 1.2021 PROJECT NO:
LOCATION:
By:
DATE:
RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PIII-20016
EuelM Avtnu*
ItocKliiitty
7010024
Qutntlty Unit Rom Unit
Price
Total Cost
Per Hem
STORM DRAIN
LF
66 ifKh RCP InstaHed. including excavation, bedding,
backfill and pavement restoration S 560.00 5
LF
72 inch RCP installed, indtiding excavation, bedding.
bacfcfiH and pavement restoration $ 625.00 5
LF
78 inch RCP Instated, including excavation, bedding,
baclcNi and oavement restoration S 690.00 S
LF
84 inch RCP instaled. including excavation, bedding,
backfll and pavement restoration S 765.00 $
LF
90 inch RCP InstaHed. including excavation, bedding,
backfill and pavement restoration $ 830.00 i
LF
96 inch RCP Installed. Including excavation, bedding,
backfil and oavement restoration S 920.00 5
LF
102 Inch RCP Installed, induding excavation, beddkig,
backfill and pavement restoration S 1.000.00 S
LF
108 inch RCP Installed, induding excavation, bedding,
backfill and oavement restorafion $ 1,075.00 5
LF
7' X 6' RCB Installed, Induding excavation, t>edding, backfil and pavement restoration $ 700.00 $
LF
T X 8.5' RCB Installed, including excavation, bedding,
backfil and pavement restoration S 820.00 %
LF
T X 9.5' RCB Installed, including excavation, bedding.
backftH and pavement restoration $ 870.00 i
LF
8' X11' RCB Installed, induding excavation, bedding, backfill and pairement restoration $ 1.000.00 $
LF
8' X13' RCB Installed, induding excavation, tradding, backfill and oavement restoration % 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, backfil and pavement restoration S 1.000.00 $
LF
9' X12' RCB Installed, Induding excavation, bedding, backfill and oavement restoration S 1.100.00 5
LF
4' X 6' RCB InstaHed. indudkig excavation, bedding, backfil and pavement restcMation $ 660.00 5
STORM DRAIN
STORM DRAIN SUBTOTAL S
LS Mobilization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL STORM DRAIN ONLY $
EngCostEstwnsta Page 8 of 10 ERMfve Date: January 1.2021 RESOLIJTION NO 2022-007
EXHtBIT C
CITYOI CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PIMN1*
Euclid Avenue
ttere MecKinney
71230024
Quantity Unit Item Unit
Price
Total Cost
Per item
DIRECT COSTS GRAND TOTAL STREETS ONLY % 3.20e^93.M
GRAND TOTAL WATER ONLY *
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY S
GRAND TOTAL STORM DRAIN ONLY $
GRAND TOTAL (FOR PLAN CHECK S INSPECTION FEE
DETERMINATION) $ 3.209.493.60
PROJECT ADDITIVES Projtct Contfngttchs 10% 1 320,949.36 ConsOvcOon Sfalt<no 3% $ 96.2M.t1
SoHs Testina 1% $ 32.094.94
MatBilaf Testfna 1% t 32.094.94
Construction Inaooetion 4.8% $ 154.055.69
Contract Administration 1% S 32.094.94
GRAND TOTAL (FOR BOND AMOUNTSi 3.977.068.27
EngCostEsOmate Page 9 of 10 Effective Date: January 1,2021 >J4-.
RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO;
LOCATION:
By:
DATE:
PM-2001<
EucM AvMtM
tiMi MtcKlimy
70U2e24
1 Quintlty Unit Item Unit Total Cost
1 Price Per Hem
BY ENGINEER
FnpandBy:
R.C.E. NumbT
ExpkrtUon:
85559
9/30/24
m<o
ca
No 85559
✩ 9/30/2024txp.
C/V\\=
or
Pwc» RC,C. Stamp and Slgnatun Hen (nouind)
BY CITY
Fafthful Parfyrmanea Bond (100% of Construction Costf
Labor & Matarial Bond (50% of ConstFUCtton Cos^
Warranty Bond (10% of Construction Cosp
3.877,100.00
1,938,500.00
387,700.00
EnoCcKtEstimiM Page 10 of 10 Effective Date: January 1,2021
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 30, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE. DIRECTOR OF PUBLIC WORKS
SUBJECT
The Ontario Ranch Business Park Project (referred to as REDA) Merrill Avenue Widening, Interconnect, and Euclid Median Improvements.
RECOMMENDATION
1) Create Capital Improvement Project MS253 titled "Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements": 2) appropriate $15,709,100 to the Transportation Fund 320: 3) schedule year-end transfers from the following: reserve fund balance for perimeter and circulation enhancements around Chino Airport, primarily along Merrill Avenue, funded by Scannell Properties (FedEx development) reserve account (320-35335), totaling $4,764,984: Future Improvements deposit account (220-24270) totaling $3,309,027 for the Euclid Median/Widening: Citywide Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (220) totaling $2,021,986: and The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (260) totaling $5,613,104: 4) approve a construction reimbursement agreement not to exceed $15,709,100 between the City and the developer, Euclid Land Venture, LLC, a Delaware limited liability company, for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements: 5) approve the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements:
6) approve the Memorandum of Understanding between the City and Euclid Land Venture. LLC, a Delaware limited liability company, to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue Public Improvements: and 8) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation to the Transportation Fund 320 in the amount of $15,709,100, This appropriation has no impact on the General Fund. Scannell Properties (FedEx project) deposited $5,000,000 with the City as stipulated in Section 2.13.6 of the Development Services Conditions of Approval for Master Site Approval PL16-0719. From this deposit. $4,764,984 remains and will be allocated to perimeter and circulation improvements around Chino Airport, focusing primarily on Merrill Avenue. Furthermore, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening enhancements in the amount of $3,309,027. The City will use these deposits to help cover costs related to improving Euclid Avenue. While the developer's deposits largely fund improvements on Merrill and Euclid Avenues, a shortfall of $7,635,089 remains.
There are sufficient funds In each of the funds and accounts listed below. This deficit will be supplemented by Development Impact Fees ("DIFs"), as summarized on the next page:
112
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE: 2
Year-End Backfill Accounts Amount
Scannell Fed Ex Deposit-320-35335
Euclid Avenue Developer Deposits-220-242770
Citywide Circulation DIF- Fund 220
The Preserve Circulation DIF-Fund 260
$4,764,984
$ 3,309,027
$2,021,986
$5,613,104
Transportation Fund 320 Appropriation $ 15,709,100
CITY OF CHINO MISSION I VISION I VALUES I 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
• Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text
Transfer In: 3201000-50001
Expenditure 3207100-40010-MS253
Transfer Out: 220-24270/2201000-40001/2601000-
40001
113
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE: 3
BACKGROUND
On October 27, 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016. This map consists of seven numbered lots and one lettered lot on approximately 80.663 acres of land, as presented by the Developer, Euclid Land Venture, LLC. The proposed project consists of an industrial / business park to include seven warehouse buildings ranging from 43,400 square feet (sf) to 1,099,000 sf, totaling a maximum development of 1,676,000 sf of warehouse and office uses ("Project"). The Project area is bounded by Eucalyptus Avenue on the north, Sultana Avenue on the east, Merrill Avenue on the south, and Euclid Avenue on the west located in The Ontario Ranch Business Park Specific Plan area (Exhibit A).
As a condition of project approval and under the terms outlined in the existing development agreement between the Developer and the City of Ontario, the Developer is obligated to design and construct certain public improvements along the perimeter of Merrill Avenue. These improvements include but are not limited to, full-\Mdth ultimate street improvements on the north side of Merrill Avenue within the Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue widening. The Developer must construct the ultimate improvements on Merrill Avenue to be eligible for reimbursement through Ontario's Development Impact Fee ("DIF") program.
Additionally, the Developer is required to design and construct improvements along the south side of Merrill Avenue within the Chino City limits, adjacent to Chino Airport. The conditioned improvements are limited to the roadway pavement, signing and striping, curb and gutter installations, ADA ramps, and storm drain catch basins. The conditioned improvements did not Include sidewalks, landscaping, and streetlights, as these components were not negotiated between the City of Ontario and the Developer as part of the conditions of approval at that time.
The estimated cost for the conditioned Improvements is $7,015,250, based on the actual bid. which also includes 10% for project contingencies and 25% for soft costs.
On October 18, 2022, the Developer entered into a Public Improvement Agreement with the City of Chino, providing the necessary securities to ensure timely completion of the conditioned improvements, attached as Exhibit B.
Recently, the Developer and the City of Chino mutually agreed to extend the scope of improvements on Merrill Avenue to include additional improvements. The additional improvements include traffic signal interconnect, sidewalks, landscaping, and streetlights. This decision goes beyond what the City of Ontario required in its conditions of approval for the project. The estimated cost for the additional improvements is $3,362,838, which also includes 10% for project contingencies and 25% for soft costs. Concurrently, the Developer is finalizing engineering plans for these additional improvements while commencing construction on the initial Merrill Avenue improvements. This coordinated approach aims to prevent project delays, minimize road closures, adhere to the construction schedule, and reduce disruptions to local traffic and the community.
The City received $5.0 million from the Scannell/Fed-Ex project, earmarked for future enhancements along the Chino Airport perimeter primarily on Merrill Avenue. A portion of these funds were utilized by the City to conduct a comprehensive airport right-of-way survey, critical for implementing full-width improvements on Merrill Avenue. Pending ultimate approval from the 114
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE: 4
Federal Aviation Administration ("FAA"), the City plans to acquire the necessary ultimate right- of-way for streets surrounding the airport.
The remaining developer deposit will be allocated towards the additional improvements on Merrill Avenue, specifically for sidewalk construction, landscaping enhancements, and streetlights.
Additionally, under the terms of the development agreement and project approval conditions, the Developer was obligated to design and construct public improvements on Euclid Avenue to mitigate traffic impacts resulting from the Project. This includes the Euclid Median between Merrill and Eucalyptus Avenues, within Chino's jurisdiction.
Over the years, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening. The City intends to utilize these deposits to offset costs associated with the Euclid Avenue improvements, estimated at $5,331,013, which includes 10% for project contingencies and 25% for soft costs.
While these deposits may not fully cover the City's share of the project costs, City staff plans to include this project in the next DIF Nexus Study update to address remaining funding needs.
As a result, the total estimated cost to the City for the Merrill Avenue and Euclid Avenue Improvements is $15,709,100. It is imperative for staff, the Developer, and San Bernardino County to collaborate on a comprehensive plan addressing the timing of construction, financing, and the necessary right-of-way dedications essential for completing these improvements.
On June 10, 2024, City staff delivered an informational presentation to the Infrastructure Committee regarding the improvements planned for Merrill Avenue and Euclid Avenue. The next steps outlined by staff involved collaborating with San Bernardino County to obtain the necessary right of way along Merrill Avenue adjacent to the airport and initiating negotiations for a construction reimbursement agreement with the developer. The Infrastructure Committee did not express any objections to staffs proposed approach during the meeting.
ISSUES/ANALYSIS
The Developer, at its own expense, will provide all necessary equipment and materials to diligently and professionally execute and complete the public improvements as per the approved construction plans per applicable standards and regulations. To facilitate timely construction, the City and Developer intend to enter a construction reimbursement agreement, attached as Exhibit C. This agreement will establish the framework for reimbursing the Developer for eligible costs incurred during construction. It will also outline the methodology for determining reimbursement amounts and specify the timing and process for reimbursement requests throughout the construction phase.
Additionally, The Preserve and Citywide Circulation DIF programs will offset costs not covered by developer deposits for the construction of Merrill Avenue and the Euclid Median improvements, as established in Chapters 3.40 and 3.45 of the Chino Municipal Code. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus report. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the nexus reports, the 115
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE: 5
Developer shall be entitled to reimbursement for eligible costs of constructing the public facility.
The DIP ordinance specifically requires that the Developer and City enter into a reimbursement agreement.
Upon completion of the public improvements, the City Engineer and staff will review the final accepted/approved "as-built" plans, specifications, and supporting documentation and will determine the actual costs.
As previously noted, the City has completed a comprehensive airport right-of-way survey for the purposes of acquiring the ultimate right-of-way along the Chino Airport perimeter, which is currently pending approval from the County and FAA. In response, the City engaged with the County to establish a Right of Entry Agreement. This agreement, attached as Exhibit D. grants construction access to the portion of the public Improvements along Merrill that lie within the County's property prior to the City obtaining the necessary right-of-way from the FAA. The access area is specifically allocated for the construction of roadway pavement, signing and striping, curb and gutter installations, ADA ramps, storm drain catch basins, sidewalk, landscape, and the installation of dry utility conduit.
In addition, the Memorandum of Understanding, attached as Exhibit E, between the City and the Developer, transfers the City's rights and obligations under the Right of Entry Agreement necessary for completing construction on Merrill Avenue within the designated access area.
These agreements are effective for a period of up to five years or until the City, at Its discretion, formally records easements for the access area or pertinent portions required for the Developer's activities.
Lastly, to enhance support for the community and local businesses affected by the construction on Merrill Avenue, both the City and Developer are committed to expediting the completion of Public Improvements. The City approved plans for a full closure of Merrill Avenue from Euclid Avenue east to just west of Stearman Drive beginning July 25, 2024, through November 30, 2024, as indicated In Exhibit F. Detours will be carefully planned to minimize disruption to businesses at the airport and signage will be required of the contractor to inform motorists that airport businesses remain open during construction and guide them around the closure. The Developer assures proper notice to affected properties and pledges to take necessary steps to assist local businesses in the area. City staff has also engaged some of the airport businesses to inform them in advance of the closures and reviewed their concerns. City staff used these discussions to guide the developer on mitigating the closure impacts. Furthermore, the accelerated construction schedule will necessitate extended hours for night and weekend work.
The City is prepared to allocate additional funds within the construction contract to facilitate this effort, recognizing the benefits to the community and acknowledging the financial challenges faced by nearby businesses.
Therefore, it is staff recommendation that the City Council approve the following: a construction reimbursement agreement between the City and Euclid Land Venture, LLC for a not to exceed amount of $15,709,100 for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements; the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements.; and the Memorandum of Understanding between the City 116
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE; 6
and Euclid Land Venture, LLC to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue public Improvements.
Attachments: Exhibit A - Location Map PM 20016
Exhibit B - Fully Executed Public Improvement Agreement Exhibit C - Construction & Reimbursement Agreement
Exhibit D - Right of Entry Agreement
Exhibit E - Memorandum of Understanding
Exhibit F - Detour Plan
117