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[KAISER FOUNDATION HEALTH PLAN, INC.]
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (“Agreement”) dated and effective _________, 2026, is entered into by and between KAISER FOUNDATION HEALTH PLAN, INC., a California nonprofit corporation (“Developer”) and the CITY OF CHINO, a general law city and municipal corporation (“City”).
Developer and City are collectively referred to as “Parties.”
RECITALS
A. On November 22, 2016, the City and Developer entered into the Public Improvement Agreement (“PIA”) (Exhibit A), which is incorporated herein by this reference, providing Developer with conditional authorization to construct, on certain real property owned by the Developer, a total of 109,455 square feet of medical offices in four buildings, at 3750 Grand Avenue, Chino, California 91710 (hereinafter called the “Project”).
B. The PIA required Developer to, inter alia, construct improvements proposed for the Project according to the Approved Street Improvement Plans (Exhibit B), which is incorporated herein by this reference, in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions, and regulations in force and effect in the City and the State of California, and the terms and conditions imposed on the approval by the City’s Planning Commission.
C. After the City’s Approval (as defined in the PIA) of the plans and specifications of the Developer’s Project, the City’s personnel field inspected the Developer’s Project and improvements thereon, many without objection. The Parties agree that some improvements were completed in accordance with the applicable plans and specifications, some improvements may not have been but were completed without objection by the City, and the Parties dispute whether certain other improvements were so completed (“the Disputes”).
D. Specifically, the Disputes consist of the following: The City asserts that certain sidewalks, curb ramps, and related improvements at the Developer’s Project, within the public right of way fronting the Project from the northwest corner of the intersection Grand Avenue & Roswell Avenue extending northward along the frontage of the Property with Roswell Avenue, do not comply with the 2019 California Building Code, Title 24, Part 2, Chapter 11B, which governs accessibility to public buildings, public accommodations, commercial buildings, and public housing. Specifically, the City contends that the openings in floor or ground surfaces exceed the allowable passage of a 1/2” diameter sphere in violation of §11B-302.3, and that the sidewalks contain vertical changes in level greater than the 1/4” permitted by §11B-303.2. Additionally, the City asserts that Developer failed to construct the sidewalk to the width specified in the Approved Street Improvement Plans. On the other hand, the Developer asserts that the improvements were previously confirmed by City staff as ADA compliant and in accordance with the Approved Street Improvement Plans.
E. As a result of the City’s determination that the constructed improvements do not comply with the Approved Street Improvement Plans, the City has: a) not finally accepted certain improvements constructed by the Developer, and b) declined to exonerate the various construction and improvement bonds, security instruments and letters of credit (“Bonds”) provided for Developer’s Project, which Developer has continued to maintain.
F. In the interest of resolving all Disputes related to Developer’s Project and improvements thereon, the Parties agree to work together to complete final approval and acceptance of the 2000562.1 4/21/2025 - 2 -
improvements, reduction and exoneration of the related bonds, and all other security reconveyances.
To this end, the Parties agree that, in exchange for payment by Developer to City of the Agreed Remediation Costs (as that term is defined, infra), the City shall assume responsibility for implementing any and all corrective actions necessary to improvements that are the subject of the Disputes compliant with the PIA, the Approved Street Improvement Plans, and any and all applicable federal, state, and local laws, regulations, or guidance applicable to the improvements and shall further exonerate all Bonds previously required of the Developer.
G. The Parties now desire to resolve all of the issues encompassed in the Disputes and enter into this Agreement, to resolve the Disputes as well as all underlying and related contentions and allegations FINALLY, FULLY, COMPREHENSIVELY AND CONCLUSIVELY by the Parties, by and through this Agreement.
H. The Parties understand that this Agreement is subject to the approval of the City Council. The date upon which the City Council approves this Agreement shall be deemed its Effective Date.
NOW, THEREFORE, in consideration of the above Recitals, covenants and agreements, the Parties agree as follows:
SETTLEMENT
1. DEFINITIONS.
A. As used herein, the term “Claims” means all claims, charges, liabilities, damages, obligations, costs, expenses (including without limitation attorneys’ fees), rights and causes of action of any kind, legal or equitable, whether known or unknown, anticipated or unanticipated, past, present or future, contingent or fixed, existing, claimed to exist or which may hereafter exist under the United States Constitution, the California Constitution, applicable common law, contract, tort or other federal, state, local, or municipal law or regulation, relating in any way to the facts and circumstances that give rise to the Disputes, whether said facts and circumstances occurred prior to or after the occurrence of the Disputes.
B. As used herein, the term “Effective Date” means the first (1st) business day after the City Council’s approval of this Agreement. This Agreement shall not become effective, and neither party shall have any rights or obligations hereunder, until the “Effective Date”.
C. As used herein, the term “Agreed Remediation Costs” refers to those costs as detailed in Exhibit D, which is incorporated herein by this reference.
D. As used herein, the term “Approved Street Improvement Plans” refers to those plans as detailed in Exhibit B.
2. REPRESENTATIONS AND WARRANTIES.
A. Each party hereby represents and warrants that:
(i) It has the power and authority to enter this Agreement. (ii) None of the Claims released hereunder have been in the past or will in 2000562.1 4/21/2025 - 3 -
the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
3. SETTLEMENT TERMS.
A. City Obligations.
(i) Nothing in this Agreement is intended to or shall have the lawful effect of contracting away the City’s zoning authority or any other aspect of the City’s police power or any discretionary approval that rests solely with the City Council, provided, however, the City agrees it will not use its authority, power or any discretionary approval in a manner that it is inconsistent with the provisions of this Agreement. City Staff and counsel for the City have previously reviewed the terms and conditions of this Agreement and have advised the City Council as to the sum and substance of its terms, to the satisfaction of the Council prior to any duly noticed public meetings. City Staff and counsel for the City agree to recommend acceptance and approval of all disputed improvements and projects described herein, consistent with the terms of this Agreement. (ii) The City shall notice any public meeting(s) required for presentation and approval of the Agreement in accordance with the Brown Act (Government Code Section 54950, et seq.) and other applicable laws, as promptly as is feasible. If the City Council fails to accept the improvements within sixty (60) days following the Effective Date, this Agreement shall be of no further force or effect on the sixty-first (61st) day. Upon approval of the Agreement, the following will govern the process for final acceptance, bonds, and related matters. a. The City and Developer agree that the Project and related improvements will be deemed accepted by Staff who shall recommend acceptance of such improvements to the City Council as set forth in Exhibit C, which is incorporated herein by this reference, subject to the Developer’s payment of Agreed Remediation Costs as set forth in Exhibit D.
b. The Agreed Remediation Costs shall be deposited with the City by Developer within thirty (30) days after the City tenders an invoice to Developer for such amounts, at which time all remaining Bonds or other security provided for such improvements shall be promptly exonerated. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City’s regular administrative process.
c. For such parcels, Developer shall provide warranty security as required by Government Code § 66499.3 for a period of twelve (12) months following acceptance of the public improvements. In lieu of a warranty bond, Developer may provide a refundable cash deposit in the amount of Sixty-Eight Thousand Four Hundred Two Dollars ($68,402), representing ten percent (10%) of the prorated public improvement cost of Six Hundred Eighty-Four Thousand Twenty Dollars ($684,020), which excludes improvements addressed through the remediation payment set forth in this Agreement. Within ten (10) business days after expiration of the warranty period, and upon confirmation that no defects exist in the covered public improvements, City shall return the cash deposit to Developer or, if a bond was provided, shall execute a bond release form substantially in compliance with Exhibit E, which is incorporated herein by this reference. d. City Council’s acceptance of the improvements described above shall include a complete defense, indemnification and hold harmless of Developer in connection with any legal challenge brought by a third party, government entity or other person 2000562.1 4/21/2025 - 4 -
or entity relating to such improvements or this Agreement, with the City’s legal counsel of choice.
e. All other agreements between the parties relating to these improvements and any security therefore are specifically superseded by this Agreement.
B. Developer’s Obligations.
(i) Developer and each of Developer’s agents shall not oppose the City’s approval of the Agreement and shall support, both verbally and in writing, if requested by the City, the City’s acceptance of the Agreement (“Support Covenant”). This Support Covenant shall be of no further force or effect on the sixty-first (61st) day after the Effective Date if City Council fails to accept the improvements unless the Parties agree in writing to extend this deadline. (ii) Developer shall not file any lawsuits, administrative appeals pursuant to the City’s Municipal Code, or take any other enforcement action on the Disputes whatsoever, in whatever shape or form, to challenge, appeal, or otherwise seek to influence in any respect, approval of the Agreement except as may be necessary to support or defend the validity of the Agreement. (iii) Developer shall deposit the Agreed Remediation Costs with the City as set forth in Paragraph 3(A)(ii)(b) above.
C. General Obligations of All Parties.
(i) The Parties will use their best efforts and cooperate as necessary in performing and implementing this Agreement in good faith. (ii) As to the warranty bonds required by Government Code section 66499.3 for the Project, the parties have agreed that no claims shall be made under such bonds, as all potential claims have been waived in this Agreement. If a claim of defective construction or other fact allegedly giving rise to a claim under the Warranty Bond: a) the City shall investigate such allegations and reject such claim if appropriate; b) if the City considers the allegations to have merit, the parties will meet and confer and submit the allegations to mediation, consistent with Paragraph 5(G) below, before tending such claim to the surety.
4. GENERAL RELEASE.
A. General Release and Discharge of Claims by Developer. Upon the Effective Date of this Agreement, Developer, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents and affiliates1, does hereby fully and forever release and discharge the City, and all of its predecessors, successors, assigns, representatives, attorneys, agents, elective and appointive council members, council boards, commissions, commissioners, officers, employees, of and from any and all Disputes, Claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in the value of the business, loss of past, current, future and subsequent business and patronage, the value of the leasehold interest, the loss of goodwill, any 1 “Affiliates” shall mean and include, without limitation, all officers, directors, shareholders, members, partners, trustees, parent companies, sister companies, affiliates, subsidiaries, employers, designees, attorneys, accountants, predecessors, successors, insurers, representatives, agents, designees, authorized parties and entities and related entities and individuals of a party under this Agreement. 2000562.1 4/21/2025 - 5 -
inverse condemnation claims, any claims for the taking of property, and any other damages, costs or expenses arising from any and all Disputes relating to Developer’s Project that Developer may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.
B. General Release and Discharge of Claims by City. Upon the Effective Date of this Agreement, City, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents, affiliates, elective and appointive council members, council boards, commissions, and commissioners, does hereby fully and forever release and discharge the Developer, and all of its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, of and from any and all Disputes, claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, and any other damages, costs and expenses arising from any and all Disputes relating to Developer’s Project that City may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.
C. Waiver of Claims. It is the intention of the Parties, in executing this Agreement and receiving the consideration recited herein, that this Agreement will be effective as a full and final accord and satisfaction and general release of all Claims, debts, damages, liabilities, demands, obligations, costs, expenses, disputes, Disputes or causes of Disputes, that the Parties may have against each other by reason of any acts, circumstances or transactions relating in any way to the Disputes. In furtherance of this intention, the Parties hereby acknowledge that they are familiar with California Civil Code §1542 and that they hereby expressly waive the protection of that section, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The Parties each waive and relinquish any right or benefit that they have or may have under California Civil Code §1542. That is, the Parties shall not invoke the benefits of California Civil Code §1542, or any such similar law, to prosecute or pursue any Claims released hereunder. In connection with such waiver and agreement, the Parties acknowledge that they are aware that they or their attorney may hereafter discover Claims or facts or legal theories in addition to or different from those which they know or believe to exist with respect to the Disputes, but that it is the intention hereby to fully, finally, and forever settle and release all of the Claims, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed by reason of any acts, circumstances, facts, events, or transactions relating in any way to the Disputes. It is expressly acknowledged and understood by the Parties to this Agreement that the Parties separately bargained for the foregoing waiver of the provisions of §1542 of the California Civil Code. The Parties consent that this release shall be given full force and effect in accordance with each and all the express terms and provisions, including those terms and provisions related to such unknown and unsuspected claims, demands, and causes of Disputes relating in any way to or arising out of the facts and circumstances underlying or connected with the Disputes.
D. No Representations and Warranties. Each Party represents and warrants to the other that, except as otherwise expressly provided in this Agreement, it is not relying on any 2000562.1 4/21/2025 - 6 -
representation whatsoever, whether express or implied, including without limitation, representations of fact or opinion made by or on behalf of the Parties herein.
E. Mutual Indemnification. The Developer hereby agrees that it shall indemnify and defend and hold the City and its elected and appointed officials, boards, commissions, officers, agents, attorneys, representative, and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by Developer in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by Developer. The City hereby agrees that it shall indemnify and defend and hold the Developer and its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by City in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by City.
F. No Waiver of Agreement. Nothing herein shall be deemed as a waiver or release of the warranties, representations, rights and obligations of the Parties as set forth in this Agreement.
5. MISCELLANEOUS PROVISIONS.
A. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Each party agrees that the laws of the State of California shall apply and that any claims brought hereunder shall be subject to the laws and statutes of California. The venue of any legal challenge to this Agreement shall be the San Bernardino County Superior Court or the United States District Court for the Central District of California – Eastern Division.
B. Integrated Agreement. This Agreement and the exhibits attached hereto, which are incorporated into and form a part of this Agreement, contain the entire understanding and agreement between the Parties. No other representations, covenants, undertakings, or other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein, shall be deemed in any way to exist or bind any of the Parties. The Parties acknowledge that this Agreement has been executed without reliance upon any such promise, representation, or warranty not contained herein.
C. Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Parties.
D. Binding on Successors. This Agreement and the covenants and conditions contained herein shall obligate, bind, extend to and inure to the benefit of the Parties and each of their respective successors in interest, including, but not limited to, their administrators, executors, owners, partners, officers, directors, shareholders, legal representatives, assignees, attorneys, successors, and agents or employees of the Parties hereto. Prior to assigning any rights or obligations Developer has or may have with respect to this Agreement to a third party, Developer shall obtain written confirmation and deliver to City that such assignee shall be bound by the terms of this Agreement and that such Assignee shall also be entitled to receive the benefits of this Agreement.
E. Representation. The Parties affirmatively represent that they have been 2000562.1 4/21/2025 - 7 -
represented by counsel of their own choosing. They have read this Agreement and have had the terms used herein and the consequences thereof explained by their attorneys of choice.
F. Construction. This Agreement shall not be construed against the Party preparing it but shall be construed as if all Parties jointly prepared this Agreement. Any uncertainty and ambiguity shall not be interpreted against any one Party. Language in all parts of the Agreement shall be in all cases construed as a whole according to its plain meaning.
G. Dispute Resolution. In the event a dispute arises as to the meaning or interpretation of any provision of this Agreement, including but not limited to any allegation of defective construction or other claim that could give rise to a demand under a warranty bond provided pursuant to Government Code section 66499.3, the parties shall first meet and confer in good faith for a period of thirty (30) days. If the parties are unable to resolve the matter, either party may refer the dispute to legal counsel for further efforts at resolution. Failing resolution among counsel within thirty (30) days thereafter, the parties shall, within fifteen (15) days, agree upon a qualified mediator, with at least ten (10) years of active experience in planning, construction, and ADA compliance, who shall conduct a mediation within thirty (30) days of appointment. If mediation is unsuccessful, either party may initiate litigation to resolve the dispute.
H. Attorneys’ Fees and Costs. All attorneys’ fees, expert fees and costs incurred through the date of this Agreement that relate in any way to the Disputes, the negotiation or preparation of this Agreement or any obligations called for herein, shall be borne by the respective Parties and each Party agrees to waive any claim, or claims, against any of the other Parties for the reimbursement of all, or any portion of said fees or costs. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover its attorney’s fees and costs.
I. No Admission of Liability. This Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested.
Nothing contained herein shall be construed as an admission by any Party of any liability of any kind to any other Party. The Parties agree that each Party expressly denies that it is in any way liable or indebted to any other Party and no person interpreting this Agreement shall be able to infer that any Party has engaged in any conduct giving rise to liability to any other Party.
J. Gender Neutral. Whenever in this Agreement the context may so require, the masculine, feminine and neutral genders shall be each deemed to include the other and the singular and the plural shall refer to one another.
K. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which shall constitute an agreement to be effective as of the date of signing. Further, signatures transmitted and memorialized by facsimile or electronically shall be deemed to have the same weight and effect as an original signature. The Parties may agree that an original signature will be substituted at some later time for any facsimile or electronic signature.
L. Captions and Interpretations. The paragraph titles and captions are inserted in this Agreement as a matter of convenience. As such, the paragraph titles or captions are not intended to define or describe the scope of any provision.
M. Invalid Clause May Be Severed. If any provision, clause, or part of the Agreement is adjudged illegal, invalid or unenforceable, the balance of this Agreement shall remain in 2000562.1 4/21/2025 - 8 -
full force and effect.
N. Survival of Warranties and Representatives. The warranties and representations made in this Agreement are deemed to survive the execution of this Agreement.
O. BY SIGNING THIS AGREEMENT, THE PARTIES CERTIFY THAT THEY HAVE
READ IT, THAT THEY HAVE CONSULTED WITH THEIR LEGAL COUNSEL ABOUT ITS EFFECT, AND THAT THEY FULLY UNDERSTAND IT.
[Signature page follows]
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EXHIBITS LIST
• EXHIBIT A – Public Improvement Agreement dated November 22, 2016
• EXHIBIT B – Approved Street Improvement Plans
• EXHIBIT C – Project to be Remediated by the City with Funds from Developer
• EXHIBIT D – Agreed Remediation Costs
• EXHIBIT E – Bond Release Letter
2000562.1 4/21/2025
Exhibit A
Public Improvement Agreement Between the City of Chino and Kaiser Foundation Health Plan, Inc.
Contract No.
Approved
PUBLIC IMPROVEMENT AGREEMENT
PL I5-0100 SITE APPROVAL
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called the City) and Kaiser Foundation Health Plan, Inc. ( hereafter called the Developer).
WHEREAS, the Developer is the owner of certain real property situated in the City of Chino, County of San Bernardino, California, which Developer proposes to develop and construct certain work of improvements thereon, as hereafter set forth; and WHEREAS, the Developer has applied for and received conditional approval from the City to construct a total of 109, 455 square feet of medical offices in four buildings, at 3750 Grand Avenue (hereafter called the Project) from the City; and WHEREAS, the City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California and the terms and conditions imposed on the approval by the Planning Commission, all of which are incorporated herein; and
WHEREAS, the Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Article 1. Duty to Install Public Improvements
1. 1 Requirements for Public Improvements. The Developer shall, at his/ her own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee, within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of eight hundred forty-two thousand two hundred and no/ 100 dollars ($ 842, 200. 00) is the estimated construction cost of said improvements.
1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 1 of 9 the City without payment therefore, upon acceptance of said improvements by the City.
1. 3 Definition of Improvements. The term "improvement" shall mean any and all work or infrastructure required for the development of the Project, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Developer.
1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Developer, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Developer shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Developer fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Developer can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Developer shall pay to the City the actual cost of such repairs, plus 15 percent.
1. 5 Repair or Replacement of Unrelated Improvements. The Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the plans, which have been destroyed or damaged and the Developer shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.
1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Developer fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Developer, or its surety, as hereinafter provided. The City may require the Developer, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.
1. 7 Security. Contemporaneously with the execution hereof, the Developer shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, and all of the City's ordinances, specifications and regulations as follows:
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 2 of 9 a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement. In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Developer shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.
The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Developer and accepted by the Assistant City Manager/Director of Public Works or his designee.
1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, the Developer warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Developer shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Developer further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/ Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.
1. 9 Payment of Labor and Materials. The Developer and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for a payment bond with respect to such work or labor, as required by Civil Code Section 9550.
Agreement Masters\Publiclmprovement. Master\REV15- 0128\ MB Page 3 of 9 Article 2. Procedural Requirements
2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Developer's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/ Director of Public Works or his designee. The Developer warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.
2.2 Cost of Checking Plans. The Developer shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Developer shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Developer shall make additional deposits as required by the Assistant City Manager/ Director of Public Works or his designee.
Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction.
2. 3 Soils Report. The Developer shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the Project. The Developer shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.
2.4 Permits and Fees. The Developer shall, at the Developer' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.
2. 5 Superintendence by the Developer. The Developer shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/ Director of Public Works or his designee, to the work site, who shall have full authority to act for the Developer
2. 6 Duty to Facilitate Inspections. The Developer shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.
Article 3. The Developer' s Liabilities
3. 1 Liability of the Developer. The Developer agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Developer at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptance by the City shall not eliminate, lessen or relieve the Developer of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 4 of 9 for any structures located within the Project shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.
3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Developer or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.
3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3. 40.
3.4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Developer shall file with the Assistant City Manager/ Director of Public Works or his designee a statement signed by the Developer and each public utility to the effect that the Developer has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.
3. 5 Liability for Personal Injuries. The City shall not be liable to the Developer or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the development or connected to the construction and installation of the work and public improvements required hereunder.
3. 6 Release and Indemnification. The Developer hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Developer, Developer' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Developer shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500, 000. 00 for all damages arising out of bodily injury to or death of one person and not less than $ 1, 000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250, 000. 00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500, 000. 00 for all damages and/ or destruction of property during the policy period.
Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety ( 90) days prior notice in writing of such cancellation.
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 5 of 9 Article 4. Inspection of Improvements
4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Developer, who shall submit the inspection fee, as required by the City' s Fee Structure approved by the City Council, prior to the issuance of building permits
4.2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee. Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee by the Developer prior to the issuance of an occupancy permit for any structure within the Project and prior to the release of any security provided hereunder.
4,3 Responsibility Despite Inspections. Notwithstanding the fact that the Developer' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Developer of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City' s latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.
4.4 Occupancy Permits. No occupancy permit for any structure on any lot within the Project shall be issued, and no utility connection shall be made, unless and until the Developer has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4.5 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Developer, the Assistant City Manager/Director of Public Works or his designee, shall certify that the work of said improvements has been satisfactorily completed.
4. 6 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Developer shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 6 of 9 Article 5. Miscellaneous Provisions
5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Developer' s contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.
5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.
5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs.
5.4 Assignment. This Agreement shall not be assignable by the Developer without written consent of the City.
5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.
5.6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.
5.8 Invalidity. If any provision of this Agreement is declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.
5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until approved by the City Council of the City of Chino.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 7 of 9 IN WITNESS WHEREOF, the City and the Developer have executed this agreement in the City of Chino, California.
Approved as to Form: Approved as to Content:
City Attor e e A ire
Assistant City Manager
KAISER FOUNDATION HEALTH PLAN,
INC.
By: h li x16
Sign ure and Date)
Name:
Please type or print name)
Title:
MM Ver—
Vice President of Real Estate Acquisition
National Facilities Services
CITY OF CHINO
Matth a e, City Manager
Dated:
ATTEST:
an.- OL-10-
Angela obles, City Clerk
Dated: A . ?32 •
Ib
Attachment: Exhibit 1
Agreement Masters\Publiclmprovement. Master\REV15-0128\ MB Page 8 of 9 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County ofCl wff4
On O V C( O before me, lu( leto [hi*
Date Here In ert Name an Title of the fficer
personally appeared _ f
ir,/
a yy.
Name(xof Signero
who proved to me on the basis of satisfactory evidence to be the personK whose name()' is/ afe subscribed to the within instrument and acknowledged to me that he/ sj / tl executed the same in his/ fes/tf r authorized capacity( i , and that by his/ hzf%tfj fF signature W on the instrument the person* y, or the entity upon behalf of which the person( s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
COLLEEN OAHLE• HONG WITNESS my hand and official seal.
Commission r- 2037176
z Notary Public- California
Alameda County
Signature d/>
M Comm. Ex fres Au 22, 2017+ Signature of Notary blit
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Title( s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact D Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationaiNotary. org • 1- 800- US NOTARY ( 1- 800- 876- 6827) Item # 5907
PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT I
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers shall be constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system ( City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right- of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping ( plants and materials).
N. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
Agreement MastersTubliclmprovement. Master\ REV15- 0128\ MB Page 9 of 9 Issued In Triplicate
Bond No.: 106530200M
Contract No.: Q,p/- - 22f/
Approved: /// 1S/ 2a/ tp
WARRANTY BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eighty- Four Thousand Two Hundred and no/ 100 Dollars ($ 84, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation H alth Plan, Inc. Travelers Casualty and Surety Company of America SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURE( S) MUST BE NOTARIZED
Approv s to F
C' Att e
D ue o. 19808( PWFORMS\ BONDS-Warranty\ rev. 05/ 2012) Page 1 of 1 r
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ am subscribed to the within instrument and acknowledged to me that he/ sw/ tom executed the same in his/ lw/t4@4 authorized capacity(ies), and that by his/ / tom signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
F
TRACY ASTON
WITNESS my hand and official seal.
f C^= ission # 2107456
P, > . Notary Public- Caiiforni
r
Los Angeles Courjty
v Comm. Expires May 15, 201r
Signature
Signature ofNotary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711602
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of Los Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
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State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 before me personalty appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. j0{IBL G # Marie C. Tetreault, Notary Public f
58440-8- 12 Printed in U. S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
Ano pxb| io o' c4he, oeoumpi g h/ o cer| c o vahhea on * / osndg of ind)vua, dooumonttowh} ohtniu oertifioate iauttauhedand not the truthfulness siidi- y oflhst documen State of Oo! hbmia
County of SAJ 6014VhAblAlb
On before me.
Date Hon* Insert Name and Title of the Officer
personally appeared
Narne( s) ofS/ gner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed tothe within instrument and acknowledged to me that he/ she/they executed the same in his/ her./their aLAthorized capacity( ies), and that by his/ her/ their signature( s) on the instrument thePerson( s), or the entity upon behalf of which the person( e) actod, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Commission # 2062185 L
is true and correct.
Notary Public- VV| TNES8myhand andofficialseal. t2__ San Bernardino County My Comm. Ex,pires Mar 23, 20181
Signature___
Signature of Notary Pu5c
Place Notary Seal Above
OPTIONAL
Though this section / soptional, completing this information can deter a/ h»nstionmfthe document or fraudulent reattachment of this form to an unintended document Description ofAttached Document
Title orType of Document: Document Date,
Number of Pages: Signer( s) Other Than Named Above:
Capaoity( iam) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit>e( a): ________________ Partner --- - Limited - General Partner — - Limited -_ General ndividua! Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Tn/ atee Guardian or Conservator Other Other:
Signer | eRepresenting: Signer is Representing:
1 201, Naliono| NotoryAosociot' on ' vv* vN iona| oienorg I( 0- Q0)'- 876- 682 ) tam ¥ 5gO7 Issued In Triplicate
Bond No.: 106530200
Contract No.: 1i>1' 7 - ZZ
Approved: 11.1051110 0-1z
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Twenty- One Thousand One Hundred and no/ 100 Dollars ($ 421, 100. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL
4n ,
SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved s orm:
oc ent No. 16354( P MS\ BONDS- L& M\ rev. 05! 2012) Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On
l." ° io `'
before me Tracy Aston, Notary Public, appeared
Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ subscribed to the within instrument and acknowledged to me that he/ isplw/ they executed the same in his/ / tom authorized capacity(ios), and that by his/h/4w4 signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i
TRACE' ASTOi• WITNESS my hand and official seal.
Co- nrn} s, ion#-` 2107455
Notary Public- Cdifior la
Los Angeles County F:
n^ F,;,! res M,, 15 231 iia Cornm ( ...°_ ._
Signature 6d/*404
Signature of Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711607
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of LOS Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
ASUq TYq 3FtAE e6,.$
C o;
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L
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th
day of
March 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. W w My Commission expires the 30th day of June, 2016. OUBL G * Marie C. Tetreault, Notary Public s
58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL C0QE § 1180 no- ar), puh|}uo' othe' officer comp/exingeevehf|eooni nsi enii yof zsi«o\ vi ua! whoe/ gneut a mocumont towh. oi t is cyrt' f! oote Sa ache an, not theLnjthfu| neoy ocou: ac : rva|' d" y ut| hat documant State ofCaUfnroia
County of
or, before me. 4 EsDate Here Insert Name and Title of the Officer personally appeared G»4
Nerne(s) of3/gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) vvhoae name(s) is/ era oubuoribed to the within instrument and acknowledged to me that he/ she/ they exeouted the same in h\ a/ hentheirauthorized oapeoity(ies), and that by hia/ he»/thairni0natuna( s) on the ioatrunnentthe pe/ aon(a), or the entity upon behalf of which the person( s) autod, executed the instrument. certify under PENALTY OF PERJURY under the |avva
of the State of California that the foregoing paragraph is true and correct.
Commission# WITNESS my hand and official seal. 2062185
Notary Public- California zz
z San Bernardino County
My Comm. Expires Mar 23, 2018 Signa
Signature of Notary PuAllic '
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title o, Type of Document: Document DateNumber of Pages: Signer( s) Other Than Named Above:
Cmpmcity( iem) Claimed bySignmr( o)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit|e(o):
Partner — I- Limited -- General Partner — Limited General Individual Attorney in Fact ndividua, Attorney in Fact
Trustee Guardian or
Conservator TrUateo Guardien or Conservator
Other: Other:
Signer | aRepresenting: Signer Is Representing:
D2O140atinna| NotaryAasooiscion ' 1- 8001- 11. GN0,71ARY ( 1' 803- 876- 6827) ! ty" s ¥ 5g 7 Issued in Triplicate
Bond No.: 106530200
Contract No.: 10/ ) - Z Z 41
Approved: its/g/ QCylp set I?-
and Kaiser
WHEREAS,
Foundation
the City
Health
Council
Plan.
FAITHFUL
of
Inc.,
the City
hereinafter
PERFORMANCE
of Chino,
designated
State of California,
as "
BOND
PRINCIPAL,"
hereinafter
have
designated
entered
as "
into
CITY"
2 an
agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Forty- Two Thousand Two Hundred and no/ 100 Dollars ($ 842, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved as to For
City A e
Docu ent No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On fF j' before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ate subscribed to the within instrument and acknowledged to me that he/ she/ tom executed the same in his/ l / tom authorized capacity(), and that by his/ / tom€ signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
TRACY ASTON
C WITNESS my hand and official seal. rissicn# 21V 5
rK .:
E I, Notary Public- CalitorrIic
b Los Ageles Ccunty
Corn Exoires 141ay 1 20
r v
s
Signature
Signature of Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AM POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711606
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of I. os Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian InsuranceCompany
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State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G• Terj
In Witness Whereof, I hereunto set my hand and official seal. W w" 0, • V My Commission expires the 30th day of June, 2016. A(/BL G * Marie C. Tetreault, Notary Public 58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CUODrn 6 1 189 no.,'ar,/ r,_jnlic ,) r c
t, r -! c rt 0, i- 19' ltit" -= E' F1' rJ''- '! '-
f; V- ess ac7 va- r,ate 2, 7- aCrjecj an',! not tc,%%, i- c ! tris CeM rut, n State of California
County of
On IVV14& 065k // ZO Ito before me. VeSSA EIV
Date Here Insert Name and Title of the Officer
personally appeared e '
11177
CHRtS7- 1AA1
Name( s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( si whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instru-, ient the. person( s). or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify Linder PENALTY OF PERJURY under the laws
of the, State of California that the foregoing paragraph is true and correct.
V_OAN&E-S&S-A E&NIhD PAPATSOS
Commission # 2062185 WITNESS my hand and official seal. iNotary
z
My Comm.
San Bernardino
PublicExpires Mar
California
County
23, 2018
i
Signature
Signature of Notary Pullic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this irformatior, can deter alteratio,, 7, of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document-. Document Date
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name,
Corporate Officer — Title('s): Corporate Officer — Title(s):
Partner Limited __ General Partner Limited __ General
individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Go- lser`,.,atot Other- Other:
Signer Is Representing: Signer is Representing,
2 7
1 2` 1-" Na+,ccal Ni c+ar,: Assoc: a- ion - \: a' i'-' ra Nctar,,. crg NOTARY ' 7 - 867 - 6 r,
CITY OF CHINO
CITY ATTORNEY MEMORANDUM
TO: Sylvia Ramos, Contracts Administrator
Public Works Department
FROM: Jimmy L. Gutierrez, City Attorney
DATE: November 17, 2016
SUBJECT: Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PL15- 0100, and related bonds
I have reviewed, approved, and executed the Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PI- 15- 0100, as well as faithful performance, labor and materials, and warranty bonds on the project.
Please note the following comments:
None.
If you have any questions, please do not hesitate to call.
Respectfully Submitted,
GUTIERREZ, FIERRO & ERICKSON, A. P. C.
Jimm
Ar
cc: n a les, City Clerk
Document No. 26400 1611. 16
6. 12
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2016
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL KAISER FOUNDATION HEALTH PLAN, INC.).
RECOMMENDATION
Approve a Public Improvement Agreement with Kaiser Foundation Health Plan, Inc.; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no fiscal impact to the City.
Revenue: Expenditure:
Transfer In: Transfer Out:
Ct`} 4111tNT CAt; bAR Pookst Mfg. 87
6. 12
COUNCIL MEETING DATE: NOVEMBER 15, 2016
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL ( KAISER FOUNDATION HEALTH PLAN, INC.)
PAGE 2
BACKGROUND
On November 16, 2015, the City of Chino Planning Commission conditionally approved PL 15- 0100 Site Approval to construct a total of 109, 455 square feet of medical offices in four buildings on a 8. 23 acre site, located at 3750 Grand Avenue ( Northeast corner of Grand and Roswell Avenues) ( Exhibit A).
The conditions of approval required public improvements including, but not limited to, pavement, curb, gutter, sidewalk and traffic signal modifications, which necessitates a Public Improvement Agreement.
ISSUES/ ANALYSIS
The developer will be constructing the public improvements adjacent to their frontage, as conditioned by the City of Chino Planning Commission. To guarantee the completion of these public improvements, the developer has submitted a Public Improvement Agreement and the necessary bonds. The City Attorney has reviewed and approved the agreement and bonds.
JA/ MB/ sm
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Attachment: Exhibit A
ONSENt CALANIDAIR Packet Pg. 88
PL 15- 0100 SITE APPROVAL
EXHIBIT "A"
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PL 15- 0100
F` SITE APPROVAL
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N. T. S.
SITE PLAN
F CHINO
1991 : Public ImpraYe 'i+ tAgreement- P1 15- 0100 Site F ckst Pg. X39 2000562.1 4/21/2025
EXHIBIT B
Approved Street Improvement Plans
2000562.1 4/21/2025
EXHIBIT C
Project to be Remediated by the City with Funds from Developer:
a) In consideration of the Developer’s payment of the Agreed Remediation Costs, the City shall have full responsibility to maintain, correct, remediate or otherwise manage and own all improvements associated with the public improvements associated with the parcels, and shall defend, indemnify and hold Developer harmless from any and all Claims arising therefrom. As a part of this settlement, City agrees to accept Developer’s representation as to the quantity of corners and ramps as true, without right of modification at a later date.
b) As a part of this settlement, City agrees to accept Developer’s representation as to the quantity of ramps and sidewalks as true, without right of modification at a later date.
Project Name Principal/Entity Bonds to be
Released Ramps Sidewalks
Grand Chino
Medical Offices
Kaiser
Foundation
Health Plan,
Inc.
$842,200.00 1 2,700 SF
PROJECT CONSTRUCTION COST ESTIMATE
CITY OF CHINO
January 18, 2024
Project Title: Roswell Ave & Grand Ave ADA Deficiencies Scope: Work may include but not limited to the following: furnish all labor, materials and equipment to: Remove and Replace existing PCC Sidewalk, ADA Ramp, Truncated Domes, adjustment of Street Pull Boxes, and the restoration of various concrete items.
Work Order: Client Dept.:
Project Manager: Project Engineer:
Type of Estimate: PRELIMINARY
Description Units Quantity Unit Price Item Total
1 Mobilization LS 1 $7,000.00 $7,000.00
2 Implementation of BMP's LS 1 $3,000.00 $3,000.00
3 Traffic Control LS 1 $22,000.00 $22,000.00
4 Clearing and Grubbing LS 1 $6,000.00 $6,000.00
5 TYPE II SLURRY SEAL per City of Chino Mortiorium Standards at Ramp Location LS 1 $11,500.00 $11,500.00 6 Remove Existing Striping Before Slurry Seal and Restripe upon Completion of Slurry Seal LS 1 $7,000.00 $7,000.00 7 Remove Existing Deficient Sidewalk And Construct Sidewalk As Shown On The Plans SF 2700 $18.00 $48,600.00 8 Adjust Street Light PB to Grade EA 7 $400.00 $2,800.00 9 Remove Existing Truncated Domes EA 6 $500.00 $3,000.00 10 Construct ADA Ramp Per City of Chino Standards EA 1 $7,000.00 $7,000.00 11 Caltrans Encroachment Permit and Fees LS 1 $6,000.00 $6,000.00 Subtotal - Estimated Construction Costs $123,900.00
12 Contingency (10%) LS 1 $12,390.00 $12,390.00
Estimated Construction Costs $136,290.00
1 Survey LS 1 $5,000.00 $5,000.00
2 Soils/Material Testing LS 1 $2,000.00 $2,000.00
3 Construction Inspection/Construction Management (10%) LS 1 $12,390.00 $12,390.00 4 Contract Adminstration LS 1 $2,500.00 $2,500.00
Subtotal - Soft Costs $21,890.00
CPI Adjustment (3%) $4,745.40
Design Costs $25,000.00
Sign Replacement $1,000.00
GRAND TOTAL $188,925.40
Notes:
All work shall be performed in accordance with the contract specifications. 2000562.1 4/21/2025
EXHIBIT E
Sample Form of Bond Release and Exoneration Letter
Attn: KAISER FOUNDATION HEALTH PLAN, INC.
Subject: Acceptance of Public Improvements
Bond No. 106530200
To Whom It May Concern:
All of the public improvements constructed in accordance with the Conditions of Approval for PL15-0100 Site Approval, as shown in the attached Exhibit, were deemed complete and accepted by the City Council of the City of Chino as of DATE.
The disposition of improvement security is authorized as follows:
1. Faithful Performance Bond No. 106530200 in the amount of $842,000 to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval to guarantee the construction of the improvements per PL15-0100 Site Approval is hereby released and any interest of the City of Chino therein is terminated.
2. Labor and Material Bond No. 106530200 in the amount of $421,100 to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval to guarantee payment to material suppliers and others employed in the construction of the improvements per PL15-0100 is hereby released and any interest of the City of Chino therein is terminated.
3. Warranty Bond No. 106530200M in the amount of $84,200 issued to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval is now in full force and effect. This bond is to warranty the improvements to be free of any defects, damage, or deterioration due to defective materials or substandard workmanship. Said warranty bond shall remain on file with the City for a minimum of one (1) year from the acceptance date.
The City will assume maintenance responsibility of the following improvements as of the acceptance date:
• Curb and gutter
• Sidewalk
• Street Pavement
• Domestic Water Lateral(s)
• Sewer Lateral(s)
• Storm Drain Catch Basins
• Streetlights
• Traffic Signing and Striping
If you have any questions regarding this matter, please contact me at 909-334-_______.
Sincerely,
_____________
City Engineer, P.E.