Chino City Council
October 18, 2022

State Street Water Treatment Project
Biological Resources Assessment
Project Description
The proposed project consists of development of a State Street Water Treatment Facility (State Street WTF), which will be a new centralized treatment project that will treat water from Wells 12 and 14 for nitrate, perchlorate, and 1,2,3-TCP. The project also includes installation of offsite water transmission and brine pipelines, improvements to the existing wells, and site improvements. The water treatment facility will have a capacity to treat up to 4,000 gallons per minute (gpm) and the anticipated extraction rate from each well is 2,000 gpm.

As stated above, the proposed project would provide treatment for nitrate, perchlorate, and 1,2,3-TCP at Wells 12 and 14. Treatment is anticipated to include pretreatment through sand separators followed by cartridge filters (solids removal), 1,2,3-TCP Removal through Granular Activated Carbon (GAC), perchlorate and nitrate removal through a proprietary ion exchange (IX) treatment system, then disinfection and storage in Reservoir 5 before distribution. The IX treatment system generates waste water known as brine, that will be disposed of through a new connection to the Santa Ana Regional Interceptor (SARI) brine disposal pipeline that is managed locally by the Inland Empire Utilities Agency (IEUA). The GAC system generates a periodic backwash water when the media is replaced that will be disposed of through a local sewer connection. Refer to Attachment B, Site Plans.

Methodology
A literature review and records search were conducted to determine which special -status biological resources have the potential to occur on or within the general vicinity of the project site. In addition to the literature review, a general habitat assessment or field investigation of the project site was conducted to document existing conditions and assess the potential for special-status biological resources to occur within the project site.

Literature Review
Prior to conducting the habitat assessment, a literature review and records search was conducted for special- status biological resources potentially occurring on or within the vicinity of the project site. Previously recorded occurrences of special-status plant and wildlife species and their proximity to the project site were determined through a query of the CDFW’s QuickView Tool in the Biogeographic Information and Observation System (BIOS), CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special- status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species listings.

All available reports, survey results, and literature detailing the biological resources previously observed on or within the vicinity of the project site were reviewed to understand existing site conditions and note the extent of any disturbances that have occurred within the project site that would otherwise limit the distribution of special-status biological resources. Standard field guides and texts were reviewed for specific habitat requirements of special-status and non-special-status biological resources, as well as the following resources:

• Google Earth Pro historic aerial imagery (1994-2021); • United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), Soil Survey;

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• USFWS Critical Habitat designations for Threatened and Endangered Species; and • USFWS Endangered Species Profiles.

The literature review provided a baseline from which to inventory the biological resources potentially occurring within the project site. The CNDDB database was used, in conjunction with ArcGIS software, to locate the nearest recorded occurrences of special-status species and determine the distance from the project site.

Habitat Assessment/Field Investigation
Following the literature review, biologist Jacob H. Lloyd Davies inventoried and evaluated the condition of the habitat within the project site on November 23, 2021. Plant communities and land cover types identified on aerial photographs during the literature review were verified by walking meandering transects throughout the project site. In addition, aerial photography was reviewed prior to the site investigation to locate potential natural corridors and linkages that may support the movement of wildlife through the area.

These areas identified on aerial photography were then walked during the field investigation.

All plant and wildlife species observed, as well as dominant plant species within each plant community, were recorded. Plant species observed during the field investigation were identified by visual characteristics and morphology in the field. Unusual and less familiar plant species were photographed during the field investigation and identified in the laboratory using taxonomical guides. Wildlife detections were made through observation of scat, trails, tracks, burrows, nests, and/or visual and aural observation. In addition, site characteristics such as soil condition, topography, hydrology, anthropogenic disturbances, indicator species, condition of on-site plant communities and land cover types, and presence of potential jurisdictional drainage and/or wetland features were noted.

Soil Series Assessment
On-site and adjoining soils were researched prior to the field investigation using the USDA NRCS Soil Survey for San Bernardino County, Southwestern Part . In addition, a review of the local geological conditions and historical aerial photographs was conducted to assess the ecological changes that the project site have undergone.

Plant Communities
Plant communities were mapped using 7.5 -minute USGS topographic base maps and aerial photography.

The plant communities were classified in accordance with Sawyer, Keeler -Wolf and Evens (2009) , delineated on an aerial photograph, and then digitized into GIS Arcview. The Arcview application was used to compute the area of each plant community and/or land cover type in acres.

Plants
Common plant species observed during the field investigation were identified by visual characteristics and morphology in the field and recorded in a field notebook. Unusual and less familiar plants were photographed in the field and identified in the office using taxonomic guides. Taxonomic nomenclature used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are provided immediately following common names of plant species (first reference only).

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Wildlife
Wildlife species detected during the field investigation by sight, calls, tracks, scat, or other sign were recorded during surveys in a field notebook. Field guides were used to assist with identification of wildlife species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley 2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals of North America (Reid 2006). Although common names of wildlife species are well standardized, scientific names are provided immediately following common names in this report (first reference only).

Jurisdictional Drainages and Wetlands
Aerial photography was reviewed prior to conducting a field investigation in order to locate and inspect any potential natural drainage features, ponded areas, or water bodies that may fall under the jurisdiction of the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional Board), or CDFW. In general, surface drainage features indicated as blue-line streams on USGS maps that are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and are also subject to state and federal regulatory jurisdiction. In addition, ELMT reviewed jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land-use on natural drainage patterns in the area. The USFWS National Wetland Inventory (NWI) and Environmental Protection Agency (EPA) Water Program “M y Waters” data layers were also reviewed to determine whether any hydrologic features and wetland areas have been documented on or within the vicinity of the project site.

Existing Site Conditions
The overall project site occurs in an almost entirely developed area in the Cities of Ontario, Montclair, Chino, and unincorporated San Bernardino County. The northern site is bounded to the north by West State Street with a Southern Pacific and Union Pacific railyard beyond; to the east by South Benson Avenue with industrial development beyond; to the south by residential and industrial developments; and to the west by industrial development. The southern site is bounded to the north by Phillips Boulevard; to the east and south by the remainder of the existing City Well 12 Facility ; and to the west by residential development.

The pipeline, as currently proposed, occurs within right-of-way easements beneath South Benson Avenue, West Mission Boulevard, Vernon Avenue, and Phillips Boulevard, and is immediately bounded by these thoroughfares; beyond the thoroughfares, the pipeline is surrounded by a mosaic of industrial, commercial, and residential developments with scattered undeveloped parcels throughout.

The northern site is entirely developed and supports the existing City Well 14 and Reservoir 5, a seven million gallon storage tank. This site is currently secured with ornamental iron fencing, chain link fencing, and cinderblock walls and supports ornamental landscaping. The southern site supports a portion of the existing City Well 12 facility and supports some ornamental landscaping. The pipeline is entirely developed, as it occurs beneath existing thoroughfares.

Topography and Soils
The overall project site is relatively flat with no areas of significant topographic relief, ranges in elevation from 881 to 963 feet above mean sea level, and slopes marginally from north to south. Based on the NRCS

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USDA Web Soil Survey 2, the project site is underlain by Tujunga loamy sand (0 to 5 percent slopes) and Hanford sandy loam (0 to 2 percent slopes) . Soils on-site have been mechanically disturbed and heavily compacted from historic land uses (i.e., historic agricultural activities, grading, and existing development).

Historic aerials indicate that these disturbances have been ongoing since at least 1938.

Vegetation
Due to historic and existing land uses, no native plant communities or natural communities of special concern were observed on or adjacent to the project site. The project site consists of heavily disturbed and developed land that supports the existing facility containing City Well 14 and Reservoir 5, the existing facility containing City Well 12, and paved roads . These disturbances have eliminated and/or greatly disturbed the natural plant communities that historically occurred within the immediate vicinity of the project site. Refer to Attachment C, Site Photographs, for representative site photographs. No native plant communities will be impacted from implementation of the proposed project.

The site supports two (2) land cover types that would be classified as disturbed and developed. The existing facilities support heavily disturbed areas that no longer comprise a plant community. These disturbed areas are typically unvegetated except for pockets of ornamental landscaping and compacted gravel lots that support some weedy/early successional plant species. Plant species observed during the field investigation include creeping fig (Ficus pumila), American sycamore (Platanus occidentalis), tree of heaven (Ailanthus altissima), ornamental pine ( Pinus sp.), magnolia tree (Magnolia sp.), Mexican fan palm ( Washingtonia robusta), goosefoot ( Chenopodium sp.), tumbleweed (Amaranthus albus ), ragweed ( Ambrosia psilostachya), Mediterranean mustard (Hirschfeldia incana), Russian thistle (Salsola tragus), cheeseweed (Malva parviflora), and non-native grasses (Bromus spp., Digitaria sanguinalis, and Cynodon dactylon).

The proposed pipeline alignments will extend along previously developed road right-of-way.

Wildlife
Plant communities provide foraging habitat, nesting/denning site , and shelter from adverse weather or predation. This section provides a discussion of those wildlife species that were observed or are expected to occur within the project site. The discussion is to be used a general reference and is limited by the season, time of day, and weather conditions in which the field investigation was conducted. Wildlife detections were based on calls, songs, scat, tracks, burrows, and direct observation. The project site provide limited habitat for wildlife species except those adapted to a high degree of anthropogenic disturbances and development.

Fish
No fish or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the project site. Therefore, no fish are expected to occur and are presumed absent from the project site.

2 A soil series is defined as a group of soils with similar profiles developed from similar parent materials under comparable climatic and vegetation conditions. These profiles include major horizons with similar thickness, arrangement, and other important characteristics, which may promote favorable conditions for certain biological resources.

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Amphibians
No amphibians or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for amphibian species were observed on or within the vicinity of the project site.

Therefore, no amphibians are expected to occur and are presumed absent from the project site.

Reptiles
The project site provides limited foraging and cover habitat for reptile species adapted to a high degree of anthropogenic disturbance. No reptile species were observed during the field investigation . Common reptilian species adapted to a high degree of anthropogenic disturbances that have the potential to occur on- site include western side-blotched lizard (Uta stansburiana elegans), Great Basin fence lizard (Sceloporus occidentalis longipes) and alligator lizard (Elgaria multicarinata). Due to the high level of anthropogenic disturbances on-site, and surrounding development, no special-status reptilian species are expected to occur within project site.

Birds
The project site provides suitable foraging and nesting habitat for a variety of local bird species adapted to a high degree of anthropogenic disturbance. Bird species detected during the field investigation included common raven (Corvus corax), northern mockingbird ( Mimus polyglottos ), house finch (Haemorhous mexicanus), and house sparrow (Passer domesticus).

Mammals
The project site provides limited foraging and cover habitat for mammalian species adapted to a high degree of anthropogenic disturbance. No mammalian species were detected during the field investigation .

Common mammalian species adapted to a high degree of anthropogenic disturbance that could be expected to occur include fox squirrel (Sciurus niger), black rat (Rattus rattus), domestic cat (Felis catus), and coyote (Canis latrans).

Nesting Birds
No active nests or birds displaying nesting behavior were observed during the field survey. Although subjected to routine disturbance, the ornamental trees found on-site and in neighboring parcels have the potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. Additionally, the open, areas on-site also provides nesting opportunities for ground- nesting species such as killdeer ( Charadrius vociferus). No raptors are expected to nest on-site due to lack of suitable nesting opportunities.

Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). If construction occurs between February 1st and August 31st, a pre -construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction.

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Migratory Corridors and Linkages
Habitat linkages provide connections between larger habitat areas that are separated by development.

Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal, seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can provide a buffer against both anthropogenic disturbance and natural fluctuations in resources.

According to the San Bernardino County General Plan, the project site has not been identified as occurring within a Wildlife Corridor or Linkage. As designated by the San Bernardino County General Plan Open Space Element, the nearest major open space area documented in the vicinity of the project site is the Chino Dairy Preserve, located approximately 2.81 miles to the southeast, which is separated from the project by existing developments.

The proposed project will be confined to existing areas that have been heavily disturbed and/or developed that are isolated from regional wildlife corridors and linkages . In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife corridor or linkage. As such, implementation of the proposed project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur.

Jurisdictional Areas
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates discharge of dredge or fill materials into “waters of the United States” pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFW regulates alterations to streambed and bank under Fish and Wildlife Code Sections 1600 et seq., and the Regional Board regulates discharges into surface wat ers pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.

The project site does not support any discernible drainage courses, inundated areas, wetland features, or hydric soils that would be considered jurisdictional by the Corps, Regional Board, or CDFW. A query of the NWI database found no potential blueline streams, riverine, or other aquatic resources within or adjacent to the project site. Therefore, project activities will not result in impacts to Corps, Regional Board, or CDFW jurisdictional areas and regulatory approvals will not be required.

Special-Status Biological Resources
The CNDDB Rarefind 5 and the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of California were queried for reported locations of special-status plant and wildlife species as well as special- status natural plant communities in the Ontar io USGS 7.5 -minute quadrangle. The habitat assessment evaluated the conditions of the habitat(s) within the boundaries of the project site to determine if the existing plant communities, at the time of the survey, have the potential to provide suitable habitat(s) for special -

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status plant and wildlife species. Only one quadrangle was searched since the project site is located near the middle of the quadrangle and is surrounding be existing development.

The literature search identified seventeen (17) special-status plant species, forty (40) special-status, and one (1) special-status plant communities as having potential to occur within the Ontario USGS 7.5 -minute quadrangle. Special-status plant and wildlife species were evaluated for their potential to occur within the project site based on habitat requirements, availability and quality of suitable habitat, and known distributions. Species determined to have the potential to occur within the general vicinity of the project site is presented in Table D-1: Potentially Occurring Special-Status Biological Resources , provided in Attachment D.

Special-Status Plants
According to the CNDDB and CNPS, seventeen (17) special-status plant species have been recorded in the Ontario quadrangle (refer to Attachment D). No special-status plant species were observed on-site during the field investigation. The project site consists of heavily disturbed and developed land with associated ornamental vegetation that has been subject to a variety of anthropogenic disturbances that is surrounded almost entirely by existing development. These disturbances have eliminated the natural plant communities that once occurred on-site which has removed ability of the habitat on the project site to provide suitable habitat for special-status plant species known to occur in the general vicinity. Based on habitat requirements for specific special-status plant species and the availability and quality of habitats needed by each species, it was determined that the project site do not provide suitable habitat for any of the special -status plant species known to occur in the area and all are presumed to be absent. No focused surveys are recommended.

Special-Status Wildlife
According to the CNDDB, forty (4 0) special-status wildlife species have been reported in the Ontario quadrangle (refer to Attachment D ). No special -status wildlife species were observed on-site during the habitat assessment. The project site consists of heavily disturbed and developed land. These disturbances have eliminated the natural plant communities that once occurred on-site which has greatly reduced suitability for wildlife species. Based on habitat requirements for specific species and the availability and quality of on -site habitats, it was determined that the proposed project site has a moderate potential to provide suitable habitat for Cooper’s hawk ( Accipiter cooperii). It was further determined that the project site does not have the potential to support any of the other special-status wildlife species known to occur in the area since the site has been heavily impacted by on-site disturbances and surrounding development.

Cooper’s hawk is not federally or state listed as endangered or threatened. In order to ensure impacts to the Cooper’s hawk do not occur from implementation of the proposed project, a pre -construction nesting bird clearance su rvey shall be conducted prior to ground disturbance. With implementation of the pre - construction nesting bird clearance survey, impacts to the aforementioned species will be less than significant and no mitigation will be required.

Special-Status Plant Communities
According to the CNDDB, one (1) special -status plant communities have been reported in the Ontario USGS 7.5 -minute quadrangle: Riversidean Alluvial Fan Sage Scrub. Based on the results of the field

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investigation, no special-status plant communities were observed onsite. Therefore, no special-status plant communities will be impacted by project implementation.

Critical Habitat
Under the federal Endangered Species Act, “Critical Habitat” is designated at the time of listing of a species or within one year of listing. Critical Habitat refers to specific areas within the geographical range of a species at the time it is listed that include the physical or biological features that are essential to the survival and eventual recovery of that species. Maintenance of these physical and biological features requires special management considerations or protection, regardless of whether individuals or the species are present or not. All federal agencies are required to consult with the United States Fish and Wildlife Service (USFWS) regarding activities they authorize, fund, or permit which may affect a federally listed species or its designated Critical Habitat. The purpose of the consultation is to ensure that projects will not jeopardize the continued existence of the listed species or adversely modify or destroy its designated Critical Habitat.

The designation of Critical Habitat does not affect private landowners, unless a project they are proposing is on federal lands, uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highways Administration or a CWA Permit from the Corps). If a there is a federal nexus, then the federal agency that is responsible for providing the funding or permit would consult with the USFWS.

The project site is not located within federally designated Critical Habitat. The nearest Critical Habitat designation is located approximately 5.9 miles northwest of the site for coastal California gnatcatcher (Polioptila californica californica ). Therefore, no impacts to federally designated Critical Habitat will occur from implementation of the proposed project.

Conclusion
Based literature review and field survey , and existing site conditions discussed in this report, implementation of the project will have no significant impacts on federally or State listed species known to occur in the general vicinity of the project site. Additionally, the project will have no effect on designated Critical Habitat, since there is no federal nexus, or regional wildlife corridors/linkage because none exists within the area. No jurisdictional drainage and/or wetland features were observed on the project site during the field investigation. No further surveys are recommended. With completion of the recommendations provided below , no impacts to year -round, seasonal, or special -status avian residents or special-status species will occur from implementation of the proposed project.

Recommendations
Migratory Bird Treaty Act and Fish and Game Code
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503. 5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migrator y bird species, a nesting bird clearance survey should be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season.

If construction occurs between February 1
st and August 31st, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing

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activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities should stay outside of a no-disturbance buffer. The size of the no-disturbance buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the const ruction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activit ies within the buffer area can occur.

Please do not hesitate to contact Tom McGill at (951) 285-6014 or [email protected] or Travis McGill at (909) 816 -1646 or [email protected] should you have any questions regarding this proposal.

Sincerely,

Thomas J. McGill, Ph.D. Travis J. McGill
Managing Director Director

Attachments:

A. Project Exhibits
B. Project Site Plan
C. Site Photographs
D. Potentially Occurring Special-Status Biological Resources E. Regulations

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Attachment A
Project Exhibits

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^_

LOS ANGELES
ORANGE

RIVERSIDE

SAN BERNARDINO
Regional Vicinity

STATE STREET WATER TREATEMENT PROJECT

BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 1
O
Source: World Street Map, San Bernardino County
0 5 102.5
Miles

PROJECT

LOCATION
^_

PROJECT

LOCATION

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Site Vicinity

STATE STREET WATER TREATEMENT PROJECT

BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 2
O
Source: USA Topographic Map, San Bernardino County
0 2,000 4,0001,000
Feet
Legend
Existing Facilities
Proposed Alignment
Alternate Alignment

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STATE STREET WATER TREATEMENT PROJECT

BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 3
O
Source: ESRI Aerial Imagery, San Bernardino County
0 250 500125
Feet
Legend
Existing Facilities
Proposed Alignment
Alternate Alignment
Mile Square
Regional Park
State Street
Facility
Well 12

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Attachment B
Project Site Plan

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Attachment C
Site Photographs

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Photograph 1: From the northwest corner of the northern project site looking south along the western boundary.

Photograph 2: From the northwest corner of the northern project site looking east along the northern boundary.

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Photograph 3: From the southeast corner of the northern project site looking west along the southern boundary.

Photograph 4: From the southeast corner of the northern project site looking north along the eastern boundary.

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Photograph 5: From the southwest corner of the southern project site looking northeast.

Photograph 6: Looking west across the southern project site.

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Photograph 7: From within South Benson Avenue looking south along the northern terminus of the proposed pipeline alignment.

Photograph 8: From the intersection of South Benson Avenue and Mission Boulevard looking north along the proposed pipeline alignment.

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Photograph 9: From the intersection of South Benson Avenue and Mission Boulevard looking west along the proposed pipeline alignment.

Photograph 10: From the intersection of Mission Boulevard and Vernon Avenue looking east along the proposed pipeline alignment.

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Photograph 11: From the intersection of Mission Boulevard and Vernon Avenue looking south along the proposed pipeline alignment.

Photograph 12: From the intersection of Vernon Avenue and Phillips Boulevard looking north along the proposed pipeline alignment.

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Photograph 13: From the intersection of Vernon Avenue and Phillips Boulevard looking west along the proposed pipeline alignment.

Photograph 14: From within Phillips Boulevard looking east along the southern terminus of the proposed pipeline alignment.

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Attachment D
Potentially Occurring Special-Status Biological Resources

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State Street Water Treatement Project
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Table D-1: Potentially Occurring Special-Status Biological Resources

Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur

SPECIAL-STATUS WILDLIFE SPECIES
Accipiter cooperii
Cooper’s hawk
Fed:

CA:

None
WL
Common yearlong resident of California. Typically forages in broken woodland and habitat edges with dense stands of coast live oak (Quercus agrifolia), riparian deciduous, or other forest habitat near water. Usually nests in dense riparian areas, usually near streams.

No
Moderate
The project site provides suitable
foraging opportunities, but no nesting
opportunities are present. This species is
adapted to urban environments and
occurs commonly.

Anniella stebbinsi
southern California legless lizard
Fed:

CA:

None
SSC
Occurs in sparsely vegetated habitat types including coastal sand dunes, chaparral, pine-oak woodland, desert scrub, open grassland, and riparian areas. Requires sandy or loose loamy substrates conducive to burrowing.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Antrozous pallidus
pallid bat
Fed:

CA:

None
SSC
Locally common species of low elevation in California. Occurs in grasslands, shrublands, woodlands, and forests from sea level up through mixed conifer forests. Most common in open, dry habitats with rocky areas for roosting.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Arizona elegans occidentalis
California glossy snake
Fed:

CA:

None
SSC
Occurs in a wide variety of habitat types including open desert, grasslands, shrublands, chaparral, and woodlands. Prefers areas where the soil is loose and sandy which allows for burrowing.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Artemisiospiza belli belli
Bell’s sparrow
Fed:

CA:

None
WL
Generally prefers semi -open habitats with evenly spaced shrubs 1 – 2 meters in height. Dry chaparral and coastal sage scrub. Less common in tall dense, old chaparral.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Aspidoscelis tigris stejnegeri
coastal whiptail
Fed:

CA:

None
SSC
Found in a variety of ecosystems, primarily hot and dry open areas with sparse foliage - chaparral, woodland, and riparian areas. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Athene cunicularia
burrowing owl
Fed:

CA:

None
SSC
Primarily a grassland species, but it persists and even thrives in some landscapes highly altered by human activity. Occurs in open, annual or perennial grasslands, deserts, and scrublands characterized by low-growing vegetation. The overriding characteristics of suitable habitat appear to be burrows for roosting and nesting and relatively short vegetation with only sparse shrubs and taller vegetation.

No
Presumed Absent
Portions of the project site provide line-
of-sight opportunities favored by
burrowing owls; however, no suitable
burrows (>4 inches) were observed. In
addition, the site supports and/or is
surrounded by trees, structures, and
utility poles that provide perching
opportunities for large raptor species
that prey on burrowing owls. In
addition, existing on-site and adjacent
land uses present significant routine
disturbances.

Bombus crotchii
Crotch bumble bee
Fed:

CA:

None
None
Exclusive to coastal California east towards the Sierra-Cascade Crest; less common in western Nevada. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 633
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment
Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur
Buteo swainsoni
Swainson’s hawk
Fed:

CA:

None
THR
Typical habitat is open desert, grassland, or cropland containing scattered, large trees or small groves. Breeds in stands with few trees in juniper-sage flats, riparian areas, and in oak savannah in the Central Valley. Forages in adjacent grassland or suitable grain or alfalfa fields or livestock pastures.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Calypte costae
Costa’s hummingbird
Fed:

CA:

None
None
Desert and semi -desert, arid brushy foothills and chaparral. A desert hummingbird that breeds in the Sonoran and Mojave Deserts. Departs desert heat moving into chaparral, scrub, and woodland habitats.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Campylorhynchus brunneicapillus
sandiegensis
coastal cactus wren
Fed:

CA:

None
SSC
The coastal population inhabits cactus scrub from southern Ventura County and southwestern San Bernardino County to northwestern Baja California. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Chaetodipus fallax fallax
northwestern San Diego pocket mouse
Fed:

CA:

None
SSC
Occurs in desert and coastal habitats in southern California, Mexico, and northern Baja California, from sea level to at least 1,400 meters above msl.

Found in a variety of temperate habitats ranging from chaparral and grasslands to scrub forests and deserts. Requires low growing vegetation or rocky outcroppings, as well as sandy soils for burrowing.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Diadophis punctatus modestus
San Bernardino ringneck snake
Fed:

CA:

None
None
Common in open, relatively rocky areas within valley -foothill, mixed chaparral, and annual grass habitats. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Diplectrona californica
California diplectronan caddisfly
Fed:

CA:

None
None
Larvae of other Diplectrona species inhabit fast -flowing, cool streams in fixed retreats made from plant materials and spin attached silken capture nets which filter food particles from the water. Adults have been collected in May. Laevae Limited to San Bernardino County.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Dipodomys merriami parvus
San Bernardino kangaroo rat
Fed:

CA:

END
CE/SSC
Primarily found in Riversidean alluvial fan sage scrub (RAFSS) and sandy loam soils, alluvial fans and flood plains, and along washes with nearby sage scrub. May also occur at lower densities in Riversidean upland sage scrub, chaparral and grassland in uplands and tributaries in proximity to RAFSS habitat. Tends to avoid rocky substrates.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Emys marmorata
western pond turtle
Fed:

CA:

None
SSC
Found in ponds, lakes, rivers, streams, creeks, marshes, and irrigation ditches, with abundant vegetation, either rocky or muddy bottoms, in woodland, forest, and grassland. In streams, prefers pools to shallower areas. Logs, rocks, cattail mats, and exposed banks are required for basking.

May enter brackish water and even seawater. Found at elevations from sea level to over 5,900 feet (1,800 m).

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Eumops perotis californicus
western mastiff bat
Fed:

CA:

None
SSC
Primarily a cliff -dwelling species, roost generally under exfoliating rock slabs. Roosts are generally high above the ground, usually allowing a clear vertical drop of at least 3 meters below the entrance for flight. In California, it is most frequently encountered in broad open areas including dry desert washes, flood plains, chaparral, oak woodland, open ponderosa pine forest, grassland, and agricultural areas.

No
Presumed Absent
The project site provides limited
foraging habitat; however, no suitable
roosting habitat is present.

Falco columbarius
merlin
Fed:

CA:

None
WL
Nest in forested openings, edges, and along rivers across northern North America. Found in open forests, grasslands, and especially coastal areas with flocks of small songbirds or shorebirds.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 634
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment
Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur
Falco mexicanus
prairie falcon
Fed:

CA:

None
WL
Commonly occur in arid and semiarid shrubland and grassland community types. Also occasionally found in open parklands within coniferous forests.

During the breeding season, they are found commonly in foothills and mountains which provide cliffs and escarpments suitable for nest sites.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Falco peregrinus anatum
American peregrine falcon
Fed:

CA:

DL
DL; FP
Uncommon winter resident of the inland region of southern California.

Active nesting sites are known along the coast north of Santa Barbara, in the Sierra Nevada, and in other mountains of northern California. Breeds mostly in woodland, forest, and coastal habitats. Riparian areas and coastal and inland wetlands are important habitats yearlong, especially in nonbreeding seasons.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Gonidea angulata
Western ridged mussel
Fed:

CA:

None
None
Occurs on the benthos of streams, rivers, and lakes with substrates that vary from gravel to firm mud, and include at least some sand, silt or clay. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Icteria virens
yellow-breasted chat
Fed:

CA:

None
SSC
Primarily found in tall, dense, relatively wide riparian woodlands and thickets of willows, vine tangles, and dense brush with well -developed understories. Nesting areas are associated with streams, swampy ground, and the borders of small ponds. Breeding habitat must be dense to provide shade and concealment. It winters south the Central America.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Lanius ludovicianus
loggerhead shrike
Fed:

CA:

None
SSC
Common yearlong resident of California. Prefers open habitats with bare ground, scattered shrubs, and areas with low or sparse herbaceous cover.

Requires suitable perches including trees, posts, fences, utility lines, or other perches.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Lasiurus xanthinus
western yellow bat
Fed:

CA:

None
SSC
Occurs in valley/foothill riparian, desert riparian, desert wash, and palm oasis habitats. Roosts under palm trees and feeds in, and near, palm oases and riparian habitats.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Laterallus jamaicensis coturniculus
California black rail
Fed:

CA:

None
THR/FP
Shallow marshes, and wet meadows; in winter, drier fresh-water and brackish marshes, as well as dense, deep grass. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Neolarra alba
white cuckoo bee
Fed:

CA:

None
None
Found in dry, sandy areas (particularly deserts) in the American southwest near the host plants for Perdita bee species, of which it is a nest parasite. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Neotoma lepida intermedia
San Diego desert woodrat
Fed:

CA:

None
SSC
Occurs in coastal scrub communities between San Luis Obispo and San Diego Counties. Prefers moderate to dense canopies, and especially rocky outcrops.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Nyctinomops macrotis
big free-tailed bat
Fed:

CA:

None
SSC
Found in rugged and rocky terrain. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Perognathus longimembris brevinasus
Los Angeles pocket mouse
Fed:

CA:

None
SSC
Occurs in lower elevation grasslands and coastal sage scrub communities in and around the Los Angeles Basin. Prefers open ground with fine sandy soils. May not dig extensive burrows, but instead will seek refuge under weeds and dead leaves instead.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 635
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment
Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur
Phrynosoma blainvillii
coast horned lizard
Fed:

CA:

None
SSC
Found in a wide variety of vegetation types including coastal sage scrub, annual grassland, chaparral, oak woodland, riparian woodland and coniferous forest. The key elements of such habitats are loose, fine soils with a high sand fraction; an abundance of native ants or other insects; and open areas with limited overstory for basking and low, but relatively dense shrubs for refuge.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Polioptila californica californica
coastal California gnatcatcher
Fed:

CA:

THR
SSC
Common yearlong resident of southern California in sage scrub habitats that are dominated by California sagebrush (Artemisia californica). Prefers scrub habitat with more low-growing vegetation. Species generally occurs below 750 feet above mean sea level (msl) along the coast and below 1,500 feet above msl within inland regions.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Rana draytonii
California red-legged frog
Fed:

CA:

THR
SSC
Found mainly near ponds in humid forests, woodlands, grasslands, coastal scrub, and streamsides with plant cover. Most common in lowlands or foothills. Frequently found in woods adjacent to streams. Occurs along the coast ranges from Mendocino County south and in portions of the Sierra Nevada and Cascades ranges.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Salvadora hexalepis virgultea
coast patch-nosed snake
Fed:

CA:

None
SSC
Inhabits semi-arid brushy areas and chaparral in canyons, rocky hillsides, and plains. Requires friable soils for burrowing. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Setophaga petechia
yellow warbler
Fed:

CA:

None
SSC
Nests over all of California except the Central Valley, the Mojave Desert region, and high altitudes and the eastern side of the Sierra Nevada. Winters along the Colorado River and in parts of Imperial and Riverside Counties.

Nests in riparian areas dominated by willows, cottonwoods, sycamores, or alders or in mature chaparral. May also use oaks, conifers, and urban areas near stream courses.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Spea hammondii
western spadefoot
Fed:

CA:

None
SSC
Prefers open areas with sandy or gravelly soils, in a variety of habitats including mixed woodlands, grasslands, coastal sage scrub, chaparral, sandy washed, lowlands, river floodplains, alluvial fans, playas, alkali flats, foothills, and mountains. Rainpools which do not contain bullfrogs, fish, or crayfish are necessary for breeding.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Spinus lawrencei
Lawrence’s finch
Fed:

CA:

None
None
Open woodlands, chaparral, and weedy fields. Closely associated with oaks. Nests in open oak or other arid woodland and chaparral near water. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Taricha torosa
Coast Range newt
Fed:

CA:

None
SSC
Resides in coastal areas. Found near small ponds, creeks, and seeps in woodlands and chaparral. No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Thamnophis hammondii
two-striped garter snake
Fed:

CA:

None
SSC
Occurs in or near permanent fresh water, often along streams with rocky beds and riparian growth up to 7,000 feet in elevation. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Thamnophis sirtalis pop. 1
south coast gartersnake
Fed:

CA:

None
SSC
Utilizes a variety of habitats including forests, mixed woodlands, grassland, chaparral, and farmlands. Often found near ponds, marshes, or streams. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 636
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment
Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur
Xanthocephalus xanthocephalus
yellow-headed blackbird
Fed:

CA:

None
SSC
Uncommon yearlong resident of southern California throughout freshwater emergent wetlands, and moist, open areas along agricultural areas, and mudflats of lacustrine habitats. Prefers to nest in dense wetland vegetation characterized by cattails, tules, or other similar plant species along the border of lakes and ponds.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

SPECIAL-STATUS PLANT SPECIES
Berberis nevinii
Nevin's barberry
Fed:

CA:

CNPS:

END
END
1B.1
Occurs on steep, north -facing slopes or in low -grade sandy washes in chaparral, cismontane woodland, coastal scrub, and riparian scrub. Found at elevations ranging from 951 to 5,167 feet. Blooming period is from March to June.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Calochortus catalinae
Catalina mariposa-lily
Fed:

CA:

CNPS:

None
None

4.2 Grows in chaparral, cismontane woodland, coastal scrub, and valley and foothill grassland habitats. Found at elevations ranging from 49 to 2,297 feet. Blooming period is from March to June.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Calochortus plummerae
Plummer's mariposa-lily
Fed:

CA:

CNPS:

None
None

4.2 Prefers openings in chaparral, foothill woodland, coastal sage scrub, valley and foothill grasslands, cismontane woodland, lower montane coniferous forest and yellow pine forest. Often found on dry, rocky slopes and soils and brushy areas. Can be very common after a fire. From 328 to 5,577 feet in elevation. Blooming period is from May to July.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Calystegia felix
lucky morning-glory
Fed:

CA:

CNPS:

None
None
1B.1
Grows within meadows and seeps (sometimes alkaline) and riparian scrub (alluvial) habitats. Found at elevations ranging from 100 to 705 feet.

Blooming period is from March to September.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Cladium californicum
California saw-grass
Fed:

CA:

CNPS:

None
None
2B.2
Found in meadows and seeps, marshes and alkaline swamps or freshwater habitats. Found at elevations ranging from 197 to 5,249 feet. Blooming period is from June to September.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Dodecahema leptoceras
slender-horned spineflower
Fed:

CA:

CNPS:

END
END
1B.1
Chaparral, coastal scrub (alluvial fan sage scrub). Flood deposited terraces and washes. Found at elevations ranging from 1,181 to 2,690 feet.

Blooming period is from April to June.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

The project site occurs outside of the
known elevation range for this species.

Horkelia cuneata var. puberula
mesa horkelia
Fed:

CA:

CNPS:

None
None
1B.1
Occurs on sandy or gravelly soils in chaparral, woodlands, and coastal scrub plant communities. Found at elevations ranging from 230 to 2,657 feet. Blooming period is from February to September.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Juglans californica
southern California black walnut
Fed:

CA:

CNPS:

None
None

4.2 Found in chaparral, cismontane woodland, coastal scrub, and riparian woodland habitats. Found at elevations ranging from 164 to 2,953 feet.

Blooming period is from March to August.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Juncus acutus ssp. leopoldii
southwestern spiny rush
Fed:

CA:

CNPS:

None
None

4.2 Found in coastal dunes (mesic), meadows and seeps (alkaline seeps), and marshes and swamps (coastal salt). Found at elevations ranging from 0 to 3,115 feet. Blooming period is from May to July.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Lepidium virginicum var. robinsonii
Robinson's pepper-grass
Fed:

CA:

CNPS:

None
None

4.3 Dry soils on chaparral and coastal sage scrub. Found at elevations ranging from 3 to 2,904 feet. Blooming period is from January to July. No Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 637
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment
Scientific Name
Common Name Status Habitat Observed
On-site Potential to Occur
Muhlenbergia californica
California muhly
Fed:

CA:

CNPS:

None
None

4.3 Found in mesic, seeps, and streambanks within chaparral, coastal scrub, lower montane coniferous forest, and meadows and seeps. Found at elevations ranging from 328 to 6,562 feet. Blooming period is from June to September.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Muhlenbergia utilis
aparego grass
Fed:

CA:

CNPS:

None
None
2B.2
Grows in wet habitats, including riverbanks and meadows, sometimes alkaline soils. Found at elevations ranging from 80 to 7,630 feet. Blooming period is from October to March.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Navarretia prostrata
prostrate vernal pool navarretia
Fed:

CA:

CNPS:

None
None
1B.2
Found in mesic soils in coastal scrub, meadows and seeps, valley and foothill grasslands (alkaline), and vernal pools. Found at elevations ranging from 65 to 2,100 feet. Blooming period is from April to July.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Pseudognaphalium leucocephalum
white rabbit-tobacco
Fed:

CA:

CNPS:

None
None
2B.2
Grows in sandy, gravelly soils within chaparral, cismontane woodland, coastal scrub, and riparian woodland habitats. Found at elevations ranging from 0 to 6,890 feet. Blooming period is from July to December.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Sidalcea neomexicana
Salt Spring checkerbloom
Fed:

CA:

CNPS:

None
None
2B.2
Habitat includes chaparral, coastal scrub, lower montane coniferous forest, plays, and mojavean desert scrub. Found at elevations ranging from 49 to 5,020 feet. Blooming period is from March to June.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Symphyotrichum defoliatum
San Bernardino aster
Fed:

CA:

CNPS:

None
None
1B.2
Grows in cismontane woodland, coastal scrub, lower montane coniferous forest, meadows and seeps, marshes and swamps, valley and foothill grassland (vernally mesic). Can be found growing near ditches, streams, and springs within these habitats. Found at elevations ranging from 7 to 6,693 feet. Blooming period is from July to November.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

Thysanocarpus rigidus
rigid fringepod
Fed:

CA:

CNPS:

None
None
1B.2
Occurs along rocky ridges, slopes and washes in woodland and chaparral plant communities. From 1,969 to 7,218 feet in elevation. Blooming period is from February to May.

No
Presumed Absent
There is no suitable habitat present
within or adjacent to the project site.

The project site occurs outside of the
known elevation range for this species.

SPECIAL-STATUS PLANT COMMUNITIES
Riversidian Alluvial Fan Sage Scrub CDFW Sensitive
Habitat
Occur within broad washes of sandy alluvial drainages that carry rainfall runoff sporadically in winter and spring, but remain relatively dry through the remainder of the year. Is restricted to drainages and floodplains with very sandy substrates that have a dearth of decomposed plant material.

These areas do not develop into riparian woodland or scrub due to the limited water resources and scouring by occasional floods.

No Absent

U.S. Fish and Wildlife Service (USFWS) -
Federal
END - Federally Endangered
THR - Federally Threatened
California Department of Fish and
Wildlife (CDFW) - California
END - State Endangered
CEND - State Candidate Endangered
SSC - Species of Special Concern
WL - Watch List
California Native Plant Society (CNPS)
California Rare Plant Rank
1A Plants Presumed Extirpated in California
and Either Rare or Extinct Elsewhere
1B Plants Rare, Threatened, or Endangered
in California and Elsewhere
Threat Ranks

0.1 - Seriously threatened in California

0.2 - Moderately threatened in California

0.3 - Not very threatened in California

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 638
Attachment D – Potentially Occurring Special-Status Biological Resources

State Street Water Treatement Project
Biological Resources Assessment

FP - Fully Protected 2B Plants Rare, Threatened, or Endangered in California, but More Common
Elsewhere
4 Plants of Limited Distribution – A
Watch List

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 639

Attachment E
Regulations

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 640
Attachment E – Regulations

State Street Water Treatement Project
Biological Resources Assessment
Special status species are native species that have been afforded special legal or management protection because of concern for their continued existence. There are several categories of protection at both federal and state levels, depending on the magnitude of threat to continued existence and existing knowledge of population levels.

Federal Regulations
Endangered Species Act of 1973
As defined within the Federal Endangered Species Act (FESA) of 1973, an endangered species is any animal or plant listed by regulation as being in danger of extinction throughout all or a significant portion of its geographical range. A threatened species is any animal or plant that is likely to become endangered within the foreseeable future throughout all or a significant portion of its geographical range. Without a special permit, federal law prohibits the “take” of any individuals or habitat of federally listed species.

Under Section 9 of the FESA, take is defined as “harass, harm, pursue, hunt, shoot , wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” The term “harm” has been clarified to include “any act which actually kills or injures fish or wildlife, and emphasizes that such acts may include significant habitat modif ication or degradation that significantly impairs essential behavioral patterns of fish or wildlife.” The presence of any federally threatened or endangered species within a project area generally imposes severe constraints on development, particularly if development would result in “take” of the species or its habitat. Under the regulations of the F ESA, the United States Fish and Wildlife Service (USFWS) may authorize “take” when it is incidental to, but not the purpose of, an otherwise lawful act.

Critical Habitat is designated for the survival and recovery of species listed as threatened or endangered under the ESA. Critical Habitat includes those areas occupied by the species, in which are found physical and biological features that are essential to th e conservation of an F ESA listed species and which may require special management considerations or protection. Critical Habitat may also include unoccupied habitat if it is determined that the unoccupied habitat is essential for the conservation of the species.

Whenever federal agencies authorize, fund, or carry out actions that may adversely modify or destroy Critical Habitat, they must consult with USFWS under Section 7 of the ESA. The designation of Critical Habitat does not affect private landowners, unless a project they are proposing uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highway Administration or a permit from the U.S. Army Corps of Engineers (Corps)).

If the USFWS determines that Critical Habitat will be adversely modified or destroyed from a proposed action, the USFWS will develop reasonable and prudent alternatives in cooperation with the federal institution to ensure the purpose of the proposed action can be achieved without loss of Critical Habitat. If the action is not likely to adversely modify or destroy Critical Habitat, USFWS will include a statement in its biological opinion concerning any incidental take that may be authorized and specify terms and conditions to ensure the agency is in compliance with the opinion.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 641
Attachment E – Regulations

State Street Water Treatement Project
Biological Resources Assessment
Migratory Bird Treaty Act
Pursuant to the Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) of 1918, as amended in 1972, federal law prohibits the taking of migratory birds or their nests or eggs (16 USC 703; 50 CFR 10, 21). The statute states:

Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill...any migratory bird, any part, nest, or egg of any such bird...included in the terms of the [Migratory Bird] conventions…

The MBTA covers the taking of any nests or eggs of migratory birds, except as allowed by permit pursuant to 50 CFR, Part 21. Disturbances causing nest abandonment and/or loss of reproductive effort (i.e., killing or abandonment of eggs or young) may also be considered “take.” This regulation seeks to protect migratory birds and active nests.

In 1972, the MBTA was amended to include protection for migratory birds of prey (e .g., raptors). Six families of raptors occurring in North America were included in the amendment: Accipitridae (kites, hawks, and eagles); Cathartidae (New World vultures); Falconidae (falcons and caracaras); Pandionidae (ospreys); Strigidae (typical owls); and Tytonidae (barn owls). The provisions of the 1972 amendment to the MBTA protects all species and subspecies of the families listed above. The MBTA protects over 800 species including geese, ducks, shorebirds, raptors, songbirds and many relatively common species.

State Regulations
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) provides for the protection of the environment within the State of California by establishing State policy to prevent significant, avoidable damage to the environment through the use of alternatives or mitigation measures for projects. It applies to actions directly undertaken, financed, or permitted by State lead agencies. If a project is determined to be subject to CEQA, the lead agency will be required to conduct an Initial Study (IS); if the IS determines that the project may have significant impacts on the environment, the lead agency will subsequently be required to write an Environmental Impact Report (EIR). A finding of non-significant effects will require either a Negative Declaration or a Mitigated Negative Declaration instead of an EIR. Section 15380 of the CEQA Guidelines independently defines “endangered” and “rare” species separately from the definitions of th e California Endangered Species Act (CESA). Under CEQA, “endangered” species of plants or animals are defined as those whose survival and reproduction in the wild are in immediate jeopardy, while “rare” species are defined as those who are in such low numb ers that they could become endangered if their environment worsens.

California Endangered Species Act (CESA)
In addition to federal laws, the state of California implements the CESA which is enforced by CDFW. The CESA program maintains a separate listing of species beyond the FESA, although the provisions of each act are similar.

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State-listed threatened and endangered species are protected under provisions of the CESA. Activities that may result in “take” of individuals (defined in CESA as; “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) are regulated by CDFW. Habitat degradation or modification is not included in the definition of “take” under CESA. Nonetheless, CDFW has interpreted “take” to include the destruction of nesting, denning, or foraging habitat necessary to maintain a viable breeding population of protected species.

The State of California considers an endangered species as one whose prospects of survival and reproduction are in immediate jeopardy. A threatened species is considered as one present in such small numbers throughout its range that it is likely to become an endangered species in the near future in the absence of special protection or management. A rare species is one that is considered present in such small numbers throughout its range that it may become endangered if its present environment worsens. State threatened and endangered species are fully protected against take, as defined above.

CDFW has also produced a species of special concern list to serve as a species watch list. Species on this list are either of limited distribution or their habitats have been reduced substantially, such that a threat to their populations may be imminent. Species of special concern may receive special attention during environmental review, but they do not have formal statutory protection. At the federal level, USFWS also uses the label species of concern, as an informal term that refers to species which might be in need of concentrated conservation actions. As the Species of Concern designated by USFWS do not receive formal legal protection, the use of the term does not necessarily ensure that the species will be proposed for listing as a threatened or endangered species.

Fish and Game Code
Fish and Game Code Sections 3503, 3503.5, 3511, and 3513 are applicable to natural resource management.

For example, Section 3503 of the Code makes it unlawful to destroy any birds’ nest or any birds’ eggs that are protected under the MBTA. Further, any birds in the orders Falconiformes or Strigiformes (Birds of Prey, such as hawks, eagles, and owls) are protected under Section 3503.5 of the Fish and Game Code which makes it unlawful to take, possess, or destroy their nest or eggs. A consultation with CDFW may be required prior to the removal of any bird of prey nest that may occur on a project site. Section 3511 of the Fish and Game Code lists fully protected bird species, where the CDFW is unable to authorize the issuance of permits or licenses to take these species. Pertinent species that are State fully protected by the State include golden eagle (Aquila chrysaetos) and white-tailed kite (Elanus leucurus). Section 3513 of the Fish and Game Code makes it unlawful to take or possess any migratory nongame bird as designated in the MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the MBTA.

Native Plant Protection Act
Sections 1900–1913 of the Fish and Game Code were developed to preserve, protect, and enhance Rare and Endangered plants in the state of California. The act requires all state agencies to use their authority to carry out programs to conserve Endangered and Rare native plants. Provisions of the Native Plant Protection Act prohibit the taking of listed plants from the wild and require notification of the CDFW at

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least ten days in advance of any change in land use which would adversely impact listed plants. This allows the CDFW to salvage listed plant species that would otherwise be destroyed.

California Native Plant Society Rare and Endangered Plant Species Vascular plants listed as rare or endangered by the CNPS, but which have no designated status under FESA or CESA are defined as follows:

California Rare Plant Rank
1A- Plants Presumed Extirpated in California and either Rare or Extinct Elsewhere 1B- Plants Rare, Threatened, or Endangered in California and Elsewhere 2A- Plants Presumed Extirpated in California, But More Common Elsewhere 2B- Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere 3- Plants about Which More Information is Needed - A Review List 4- Plants of Limited Distribution - A Watch List
Threat Ranks
.1- Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)
.2- Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)
.3- Not very threatened in California (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known).

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There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates activities under the Fish and Game Code Section 1600-1616, and the Regional Board regulates activities pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.

Federal Regulations
Section 404 of the Clean Water Act
Since 1972, the Corps and U.S. Environmental Protection Agency (EPA) have jointly regulated the filling of “waters of the U.S.,” including wetlands, pursuant to Section 404 of the Clean Water Act (CWA). The Corps has regulatory authority over the discharge of dredged or fill material into the waters of the United States under Section 404 of the CWA. The Corps and EPA define “fill material” to include any “material placed in waters of the United States where the material has the effect of: (i) replacing any portion of a water of the United States with dry land; or (ii) changing the bottom elevation of any portion of the waters of the United States.” Examples include, but are not limited to, sand, rock, clay, construction debris, wood chips, and “materials used to create any structure or infrastructure in the waters of the United States.” In order to further define the scope of waters protected under the CW A, the Corps and EPA published the Clean Water Rule on June 29, 2015. Pursuant to the Clean Water Rule, the term “ waters of the United States” is defined as follows:
(i) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
(ii) All interstate waters, including interstate wetlands

1. (iii) The territorial seas.
(iv) All impoundments of waters otherwise defined as waters of the United States under the definition. (v) All tributaries2 of waters identified in paragraphs (i) through (iii) mentioned above. (vi) All waters adjacent3 to a water identified in paragraphs (i) through (v) mentioned above, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters.

1 The term wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 2 The terms tributary and tributaries each mean a water that contributes flow, either directly or through another water (including an impoundment identified in paragraph (iv) mentioned above), to a water identified in paragraphs (i) through (iii) mentioned above, that is characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark. 3 The term adjacent means bordering, contiguous, or neighboring a water identified in paragraphs (i) through (v) mentioned above, including waters separated by constructed dikes or barriers, natural river berms, beach dunes, and the like.

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(vii) All prairie potholes, Carolina bays and Delmarva bays, Pocosins, western vernals pools, Texas coastal prairie wetlands, where they are determined, on a case-specific basis, to have a significant nexus to a water identified in paragraphs (i) through (iii) meantioned above. (viii) All waters located within the 100 -year floodplain of a water identified in paragraphs (i) through (iii) mentioned above and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in paragraphs (i) through (v) mentioned above, where they are determined on a case -specific basis to have a significant nexus to a waters identified in paragraphs (i) through (iii) mentioned above.

The following features are not defined as “waters of the United States” even when they meet the terms of paragraphs (iv) through (viii) mentioned above:
(i) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act.
(ii) Prior converted cropland.
(iii) The following ditches:
(A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary.
(B) Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands.
(C) Ditches that do not flow, either directly or through another water, into a water of the United States as identified in paragraphs (i) through (iii) of the previous section. (iv) The following features:
(A) Artificially irrigated areas that would revert to dry land should application of water to that area cease;
(B) Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds;
(C) Artificial reflecting pools or swimming pools created in dry land; (D) Small ornamental waters created in dry land;
(E) Water-filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water; (F) Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of a tributary, non -wetland swales, and lawfully constructed grassed waterways; and
(G) Puddles.
(v) Groundwater, including groundwater drained through subsurface drainage systems. (vi) Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land.

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(vii) Wastewater recycling structures constructed in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling.

Section 401 of the Clean Water Act
Pursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity which may result in any discharge to waters of the United States must provide certification from the Stat e or Indian tribe in which the discharge originates. This certification provides for the protection of the physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result from issuance of federal permits, and helps insure that federal actions will not violate water quality standards of the State or Indian tribe. In California, there are nine Regional Water Quality Control Boards (Regional Board) that issue or deny certification for discharges to waters of the United States and waters of the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control Board assumed this responsibility when a project has the potential to result in the discharge to waters within multiple Regional Boards.

State Regulations
Fish and Game Code
Fish and Game Code Sections 1600 et. seq. establishes a fee-based process to ensure that projects conducted in and around lakes, rivers, or streams do not adversely impact fish and wildlife resources, or, when adverse impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided.

Fish and Game Code Section 1602 requires any person, state, or local governmental agency or public utility to notify the CDFW before beginning any activity that will do one or more of the following:

(1) substantially obstruct or divert the natural flow of a river, stream, or lake; (2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or
(3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake.

Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the State. CDFW’s regulatory authority extends to include riparian habitat (including wetlands) supported by a river, stream, or lake regardless of the presence or absence of hydric soils and saturated soil conditions. Generally, the CDFW takes jurisdiction to the top of bank of the stream or to the outer limit of the adjacent riparian vegetation (outer drip line), whichever is greater. Notification is generally required for any project that will take place in or in the vicinity of a river, stream, lake, or their tributaries. This includes rivers or streams that flow at least periodically or permanently through a bed or channel with banks that support fish or other aquatic life and watercourses having a surface or subsurface flow that support or have supported riparian vegetation. A Section 1602 Streambed Alteration Agreement would be required if impacts to identified CDFW jurisdictional areas occur.

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Porter Cologne Act
The California Porter-Cologne Water Quality Control Act gives the State very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline waters. The Porter-Cologne Act has become an important tool in the post SWANCC and Rapanos regulatory environment, with respect to the state’s authority over isolated and insignificant waters. Generally, any person proposing to discharge waste into a water body that could affect its water quality must file a Report of Waste Discharge in the event that there is no Section 404/401 nexus. Although “waste” is partially defined as any waste substance associated with human habitation, the Regional Board also interprets this to include fill discharged into water bodies.

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City of Chino
State Street Water Treatment Project INITIAL STUDY

TOM DODSON & ASSOCIATES

APPENDIX 4

CULTURAL RESOURCES

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IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES

STATE STREET WATER TREATMENT PROJECT

In and near the City of Chino
San Bernardino County, California

For Submittal to:

City of Chino
13220 Central Avenue
Chino, CA 91710
and
U.S. Bureau of Reclamation, Southern California Area Office 27226 Via Industria, Suite A
Temecula CA 92590

Prepared for:

Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405

Prepared by:

CRM TECH
1016 E. Cooley Drive, Suite A/B
Colton, CA 92324

Bai “Tom” Tang, Principal Investigator, History
Michael Hogan, Principal Investigator, Archaeology
Deirdre Encarnación, Archaeologist/Report Writer
Hunter O’Donnell, Archaeologist

February 21, 2022

CRM TECH Project No. 3789
USGS Ontario, Calif., 7.5’ (1:24,000) quadrangle
Sections 26 and 35; T1S R8W, San Bernardino Baseline and Meridian Keywords: Western San Bernardino Valley; Phase I survey; no “historic properties” or “historical resources” affected

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EXECUTIVE SUMMARY

Between October 2021 and February 2022, at the request of Tom Dodson & Associates, CRM TECH performed a Phase I cultural resources survey on the Area of Potential Effects (APE) for the proposed State Street Water Treatment Project in and near the City of Chino, San Bernardino County, California.

The undertaking entails primarily the development of treatment facilities and associated water and brine pipelines for the removal of contaminants such as nitrate, perchlorate, and 1, 2, 3-TCP from the currently inactive Wells 12 and 14. The APE encompasses the portions of the existing well sites where improvements are planned, namely Well 14/Reservoir 5 at 10762 South Benson Avenue and Wells 10 and 12/Reservoirs 2 and 4 at 5251 Phillips Boulevard, as well as the pipeline rights-of-way between the two facilities . It is located within Sections 26 and 35, T1S R8W, San Bernardino Baseline and Meridian, and a portion of the Rancho Santa Ana del Chino (Addition) land grant. The vertical extent of the APE, or the maximum depth of ground disturbance, is anticipated to be five feet for trenching and pipeline installation.

The study is a part of the environmental review process for the undertaking, as required by the City of Chino pursuant to the California Environmental Quality Act (CEQA). As the undertaking may require federal funding administered by the U.S. Bureau of Reclamation (BOR), the study was designed to comply with both CEQA and Section 106 of the National Historic Preservation Act (NHPA). The purpose of the study is to provide the City and the BOR with the necessary information and analysis to determine whether the undertaking would have an effect on any “historic properties,” as defined by 36 CFR 800.16(l), or “historical resources,” as defined by Calif. Title 14 CCR §15064.5(a)(1)-(3), that may exist in the APE.

In order to accomplish this objective, CRM TE CH performed a cultural resources records search, pursued historical and geoarchaeological background research, con tacted Native American representatives, and carried out a systematic field survey. Throughout the course of the study, no potential “historic properties”/“historical resources” were encountered within the APE , and th e subsurface sediments in the vertical extent of the APE appear to be relatively low in sensitivity for buried deposits of potentially significant archaeological remains from the prehistoric era. Although evidence of development was noted at both well sites in the early 20th century, no physical remains of the early features were observed within or adjacent to the APE during the field survey. Along the pipeline alignment, all of the existing roadways trace their origin to the historic period, but as working components of the modern urban infrastructure they do not demonstrate any distinct ively historical characteristics and are therefore not considered potential “historic properties”/“historical resources.”

Based on these findings, and pursuant to 36 CFR 800.4(d)(1) and Calif. PRC §21084.1, CRM TECH recommends to the City of Chino and the BOR a conclusion that no “historic properties” o r “historical resources” will be affected by the proposed undertaking . No further cultural resources investigation is recommended for the undertaking unless project plans undergo such changes as to include areas not covered by this study. However, if buried cultural materials are encountered during earth-moving operations associated with the undertaking, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

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ii

TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................................... i INTRODUCTION ................................................................................................................................ 1 SETTING .............................................................................................................................................. 4 Current Natural Setting ..................................................................................................................... 4 Cultural Setting ................................................................................................................................. 5 Prehistoric Context........................................................................................................................ 5 Ethnohistoric Context ................................................................................................................... 6 Historic Context ............................................................................................................................ 7 RESEARCH METHODS ..................................................................................................................... 8 Records Search.................................................................................................................................. 8 Historical Background Research....................................................................................................... 8 Native American Participation .......................................................................................................... 8 Geoarchaeological Analysis.............................................................................................................. 9 Field Survey ...................................................................................................................................... 9 RESULTS AND FINDINGS ................................................................................................................ 9 Records Search.................................................................................................................................. 9 Historical Background Research..................................................................................................... 11 Native American Participation ........................................................................................................ 13 Geoarchaeological Analysis............................................................................................................ 13 Field Survey .................................................................................................................................... 14 MANAGEMENT CONSIDERATIONS ............................................................................................ 15 CONCLUSION AND RECOMMENDATIONS ............................................................................... 16 REFERENCES ................................................................................................................................... 16 APPENDIX 1: Personnel Qualifications ............................................................................................ 20 APPENDIX 2: Correspondence with Native American Representatives ........................................... 23

LIST OF FIGURES

Figure 1. Project vicinity...................................................................................................................... 1 Figure 2. Project location ..................................................................................................................... 2 Figure 3. Area of Potential Effects ...................................................................................................... 3 Figure 4. Typical landscapes within the APE ...................................................................................... 4 Figure 5. Previous cultural resources studies ...................................................................................... 10 Figure 6. The APE and vicinity in 1852-1865 ................................................................................... 11 Figure 7. The APE and vicinity in 1894 ............................................................................................ 12 Figure 8. The APE and vicinity in 1933 ............................................................................................ 12 Figure 9. The APE and vicinity in 1952-1954 ................................................................................... 12 Figure 10. The APE and vicinity in 1966-1967 ................................................................................. 12

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1 INTRODUCTION

Between October 2021 and February 2022, at the request of Tom Dodson & Associates, CRM TECH performed a Phase I cultural resources survey on the Area of Potential Effects (APE) for the proposed State Street Water Treatment Project in and near the City of Chino, San Bernardino County, California (Fig. 1). The undertaking entails primarily the development of treatment facilities and associated water and brine pipelines for the removal of contaminants such as nitrate, perchlorate, and 1, 2, 3-TCP from the currently inactive Wells 12 and 14. The APE encompasses the portions of the existing well sites where improvements are planned, namely Well 14/Reservoir 5 at 10762 South Benson Avenue and Wells 10 and 12/Reservoirs 2 and 4 at 5251 Phillips Boulevard, as well as the pipeline rights-of-way between the two facilities (Figs. 2, 3).

The proposed pipeline alignment begins at Well 14, located at the southwest corner of State Street and Benson Avenue, and runs south along Benson Avenue, west along Mission Boulevard, south along Vernon Avenue, and finally west along Phillips Boulevard to Well 12, located on the south side of Phillips Boulevard and to the west of Central Avenue. An alternate alignment runs west along State Street from Well 14 before turning south on Vernon Avenue to join the other alignment on Mission Boulevard. The APE is located within Sections 26 and 35, T1S R8W, San Bernardino Baseline and Meridian, and a portion of the Rancho Santa Ana del Chino (Addition) land grant (Fig. 2). The vertical extent of the APE, or the maximum depth of ground disturbance, is anticipated to be five feet for trenching and pipeline installation.

Figure 1. Project vicinity. (Based on USGS San Bernardino and Santa Ana, Calif., 120’x60’ quadrangles [USGS 1969; 1979])

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2 Figure 2. Project location. (Based on USGS Ontario, Calif., 7.5’ quadrangle [USGS 1981])

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3 Figure 3. Area of Potential Effects.

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4 The study is a part of the environmental review process for the undertaking, as required by the City of Chino pursuant to the California Environmental Quality Act (CEQA). As the undertaking may require federal funding administered by the U.S. Bureau of Reclamation (BOR), the study was designed to comply with both CEQA and Section 106 of the National Historic Preservation Act (NHPA). The purpose of the study is to provide the City and the BOR with the necessary information and analysis to determine whether the undertaking would have an effect on any “historic properties,” as defined by 36 CFR 800.16(l), or “historical resources,” as defined by Calif. Title 14 CCR §15064.5(a)(1)-(3), that may exist in the APE.

In order to accomplish this objective, CRM TECH performed a cultural resources records search, pursued historical and geoarchaeological background research, contacted Native American representatives, and carried out a systematic field survey. The following report is a complete account of the methods, results, and final conclusion of the study. Personnel who participated in the study are named in the appropriate sections below, and their qualifications are provided in Appendix 1.

SETTING

CURRENT NATURAL SETTING

The City of Chino is located in the southern portion of the Transverse Ranges geomorphic province, where the natural landscape is characterized by an east-west trending series of steep mountain ranges and valleys (Jenkins 1980). The area lies on the gentle slope of an alluvial fan extending south from the foothills of the San Gabriel Mountains to the Santa Ana River, the main natural waterway in the San Bernardino Valley. The Mediterranean climate of the region is typical of inland southern California lowlands, featuring hot, dry summers and mild, wet winters. The average annual rainfall in the region is approximately 12 inches, most of which typically occurs between November and March.

The APE consists of the proposed 4.15-acre treatment facility site at the existing site of Well 14/ Reservoir 5, a 0.4-acre new well site at Wells 10 and 12/Reservoirs 2 and 4, and a total of

Figure 4. Typical landscapes within the APE. Left: site of Wells 10 and 12/Reservoirs 2 and 4, view to the east; right:
pipeline alignment along Phillips Boulevard, view to the east. (Photographs taken on December 23, 2021)

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5 approximately 11,170 linear feet of pipeline rights-of-way (Figs. 3, 4). It is situated in an urban setting, and the prevailing land use around Well 14/Reservoir 5 is industrial, while the rest of the APE is surrounded by light industrial, commercial, and residential properties. Elevations in the APE range around 885-963 feet above mean sea level, and the terrain is relatively level with a gradual incline to the northeast. The ground surface in the entire APE has been extensively disturbed by past construction and maintenance activities associated with the existing roadways and water producing/ storage facilities, and the pipeline alignments are contained in the rights-of-way of paved and heavily used urban streets (Fig. 4). Vegetation is rare in the APE, consisting mostly of introduced landscaping plants.

CULTURAL SETTING

Prehistoric Context

The earliest evidence of human occupation in inland southern California, or the Inland Empire, was discovered below the surface of an alluvial fan in the northern portion of the Lakeview Mountains, overlooking the San Jacinto Valley, with radiocarbon dates clustering around 9,500 B.P. (Horne and McDougall 2008). Another site found near the shoreline of Lake Elsinore, close to the confluence of Temescal Wash and the San Jacinto River, yielded radiocarbon dates between 8,000 and 9,000 B.P. (Grenda 1997). Additional sites with isolated Archaic dart points, bifaces, and other associated lithic artifacts from the same age range have been found in the nearby Cajon Pass area of the San Bernardino Mountains, typically atop knolls with good viewsheds (Basgall and True 1985; Goodman and McDonald 2001; Goodman 2002; Milburn et al. 2008).

The cultural history of southern California has been summarized into numerous chronologies, including those developed by Chartkoff and Chartkoff (1984), Warren (1984), and others.

Specifically, the prehistory of the Inland Empire has been addressed by O’Connell et al. (1974), McDonald et al. (1987), Keller and McCarthy (1989), Grenda (1993), Goldberg (2001), and Horne and McDougall (2008). Although the beginning and ending dates of the recognized cultural horizons vary among different parts of the region, the general framework of the prehistory of the Inland Empire can be broken into three primary periods:

• Paleoindian Period (ca. 18,000-9,000 B.P.): Native peoples of this period created fluted spearhead bases designed to be hafted to wooden shafts. The distinctive method of thinning bifaces and spearhead preforms by removing long, linear flakes leaves diagnostic Paleoindian markers at tool-making sites. Other artifacts associated with the Paleoindian toolkit include choppers, cutting tools, retouched flakes, and perforators. Sites from this period are very sparse across the landscape and most are deeply buried.
• Archaic Period (ca. 9,000-1,500 B.P.): Archaic sites are characterized by abundant lithic scatters of considerable size with many biface thinning flakes, bifacial preforms broken during manufacture, and well-made groundstone bowls and basin metates. As a consequence of making dart points, many biface thinning waste flakes were generated at individual production stations, which is a diagnostic feature of Archaic sites.
• Late Prehistoric Period (ca. 1,500 B.P.-contact): Sites from this period typically contain small lithic scatters from the manufacture of small arrow points, expedient groundstone tools such as

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6 tabular metates and unshaped manos, wooden mortars with stone pestles, acorn or mesquite bean granaries, ceramic vessels, shell beads suggestive of extensive trading networks, and steatite implements such as pipes and arrow shaft straighteners.

Ethnohistoric Context

The City of Chino is situated on the eastern edge of the traditional territory of the Gabrielino, a Takic-speaking people who were considered among the most populous and powerful ethnic group in aboriginal southern California (Bean and Smith 1978a:538). The Gabrielino’s territory spanned from San Clemente Island along the coast to the present-day San Bernardino-Riverside area and south into southern Orange County, and their influence spread as far as the San Joaquin Valley, the Colorado River, and Baja California. The leading ethnographic sources on Gabrielino culture and history include Bean and Smith (1978a), Miller (1991), and McCawley (1996). The following summary is based mainly on these sources.

Prior to European contact, native subsistence practices were defined by the varying surrounding landscape and primarily based on the cultivating and gathering of wild foods, hunting, and fishing, exploiting nearly all of the resources available in a highly developed seasonal mobility system. In inland areas, the predominant food sources included acorns, piñon nuts, other seeds, roots, wild fruits/berries, and wild onions. Medicinal and ceremonial plants such as yerba buena, elderberry, and sage were typically cultivated near villages. Common game animals included deer, antelope, rabbits, wood rats, fish, and waterfowl. Coastal Gabrielino utilized marine resources and had an advanced maritime navigation technology with an emphasis on the ti’at, the plank canoe used by only a handful of groups in North America (Gamble 2002).

Both inland and coastal Gabrielino populations had a variety of technological skills that they used to acquire subsistence, shelter, and medicine or to create ornaments and decorations. Common tools included manos and metates, mortars and pestles, hammerstones, fire drills, awls, arrow straighteners, and stone knives and scrapers. These lithic tools were made from locally sourced material as well as those procured through trade or travel. They also used wood, horn, and bone spoons and stirrers, as well as baskets for winnowing, leaching, grinding, transporting, parching, storing, and cooking. However, much of this material cultural, elaborately decorated, does not survive in the archaeological record. As usual, the main items found archaeologically relate to subsistence activities.

The intricacies of Gabrielino social organization are not well known, although evidence suggests the existence of a moiety system in which various clans belonged to one or the other of two main social/ cultural divisions. There also seems to have existed at least three hierarchically ordered social classes, topped with an elite consisting of the chiefs, their immediate families, and the very rich.

Some individuals owned land, and property boundaries were marked by the owner’s personalized symbol. Villages were politically autonomous, composed of nonlocalized lineages, each with its own leader. The dominant lineage’s leader was usually the village chief, whose office was generally hereditary through the male line. Often several villages were allied under the leadership of a single chief. The villages did engage in warfare against one another, resulting in what some consider to be a state of enmity between coastal and inland Gabrielino groups.

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7 As early as 1542, the Gabrielino were in contact with the Spanish during the historic expedition of Juan Rodríguez Cabrillo, but it was not until 1769 that the Spaniards took steps to colonize Gabrielino territory. Shortly afterwards, most of the Gabrielino people were incorporated into Mission San Gabriel and other missions in southern California. Due to forced labor, dietary deficiencies, introduced diseases, and forceful reduction, Gabrielino population dwindled rapidly.

By 1900, they had almost ceased to exist as a culturally identifiable group (Bean and Smith 1978a:540). In recent decades, however, there has been a renaissance of Native American activism and cultural revitalization among groups of Gabrielino descendants, including the reconstruction and utilization of ti’at and incorporating the ethnographic names Kizh and Tongva into official documentation (Stickel 2016).

Historic Context

The present-day Chino area, along with the rest of Alta California, was claimed by Spain in the late 18th century, and the first European explorers traveled through the area as early as the 1770s (Beck and Haase 1974:15). For more than half a century afterwards, however, the arid inland region of the remote province received little attention from the Spanish colonizers, who concentrated their efforts in the coastal regions. Following the establishment of Mission San Gabriel in 1771, the Chino area became one of the mission’s 24 principal cattle ranches, known as Rancho Santa Ana del Chino at least by 1834 (Gunther 1984:111), but no Europeans are known to have settled in the area until the late 1830s.

After gaining independence from Spain in 1821, the Mexican government began to dismantle the mission system in 1834 in Alta California through the process of secularization. During the next 12 years, former mission ranchos throughout Alta California were surrendered to the Mexican government, and subsequently divided and granted to various prominent citizens of the province. In 1841, Rancho Santa Ana del Chino was granted to Antonio Maria Lugo, an influential figure in the pueblo of Los Angeles at the time. By 1856, Lugo’s son-in-law Isaac Williams, a Yankee-turned ranchero, had acquired all interest in the rancho, and developed it into a prosperous agricultural empire. The southernmost portion of the APE lies within the boundaries of an addition to Rancho Santa Ana del Chino, which Williams obtained in 1843. In addition to cattle raising, Williams’ ranch also boasted wheat fields, vineyards, fruit orchards, a flour mill, and a soap factory (Schuiling 1984:34).

The American annexation of Alta California in 1848 brought waves of American immigrants into the once sparsely populated territory. In the 1880s, spurred by the completion of the Southern Pacific Railroad and the competing Santa Fe Railroad, a land boom swept through much of southern California. A large number of towns, surrounded by irrigated farmland, were laid out in the San Bernardino Valley before the end of the 19th century. The townsite of Chino was laid out in 1887 by Richard Gird, who had purchased the former Williams ranch in 1881 (Schuiling 1984:84). In the meantime, Gird built up a herd of 200 dairy cows on the ranch, and thus started the Chino area’s long history as the dairy center of southern California (ibid.). Around the turn of the century, however, the area was better known for the cultivation of sugar beets and the industrial production of sugar (Slawson 1998:8-9).

In the wake of the financial failure of Gird’s enterprises in the 1890s, the Chino ranch was gradually subdivided into smaller farms and ranches. During the post-WWII years, with the metropolis of Los

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8 Angeles embarking on a rapid expansion, displaced dairy farmers flocked into the Chino area in the 1940s-1950s, greatly contributing to the establishment of milk as the leading agricultural product in both San Bernardino and Riverside Counties. In recognition of the importance of its agricultural economy, the County of San Bernardino officially designated the Chino Basin as an agricultural reserve. Starting in the 1990s, however, the reserve was incrementally dismantled, losing the majority of its dairies and other agricultural enterprises to an ever-increasing demand for affordable housing. As elsewhere in southern California, urban expansion and residential development have now assumed a dominant role in regional growth.

RESEARCH METHODS

RECORDS SEARCH

On December 9, 2021, CRM TECH archaeologist Nina Gallardo completed the historical/ archaeological resources records search for this study at the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System. Located on the campus of California State University, Fullerton, the SCCIC is the State of California’s official cultural resource records repository for the County of San Bernardino. During the records search, Gallardo examined digital maps, records, and databases for previously identified cultural resources and existing cultural resources reports within a half-mile radius of the APE. Previously identified cultural resources include properties designated as California Historical Landmarks, Points of Historical Interest, San Bernardino County Landmarks, as well as those listed in the National Register of Historic Places, the California Register of Historical Resources, or the California Historical Resources Inventory.

HISTORICAL BACKGROUND RESEARCH

Historical background research for this study was conducted by CRM TECH principal investigator/ historian Bai “Tom” Tang. Sources consulted during the research included published literature in local history, historic maps of the Chino area, and aerial/satellite photographs of the project vicinity.

The maps consulted for this study included the U.S. General Land Office (GLO) survey plat map dated 1865 and the U.S. Geological Survey (USGS) topographic maps dated 1903-1981, which are accessible in digital format at the websites of the U.S. Bureau of Land Management and the USGS.

The aerial and satellite photographs, taken in 1938-2021, are available at the Nationwide Environmental Title Research (NETR) Online website and through the Google Earth software.

NATIVE AMERICAN PARTICIPATION

On October 6, 2021, CRM TECH submitted a written request to the State of California Native American Heritage Commission (NAHC) for a records search in the Commission’s Sacred Lands File. Following the NAHC’s recommendations and previously established consultation protocol, CRM TECH further contacted seven tribal representatives in the region between November 15 and December 23, 2021, both in writing and by telephone, for additional information on potential Native American cultural resources in or near the APE. The correspondence between CRM TECH and the Native American representatives is attached to this report as Appendix 2.

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9 GEOARCHAEOLOGICAL ANALYSIS

As part of the research procedures, CRM TECH archaeologist Deirdre Encarnación conducted a geoarchaeological analysis to assess the APE’s potential to contain subsurface cultural deposits from the prehistoric period, which cannot be detected through a standard surface archaeological survey alone. Sources consulted for this purpose included primarily topographic and geologic maps pertaining to the surrounding area. Findings from these sources were used to develop a geomorphologic profile of the area and to address the archaeological sensitivity of the vertical APE.

FIELD SURVEY

On December 23, 2021, CRM TECH archaeologist Hunter O’Donnell carried out the field survey of the APE. During the survey, all accessible open grounds were inspected on foot along parallel transects spaced 15 meters (approximately 50 feet) apart. Areas around buildings or structures at the well and reservoir sites, mostly covered by asphalt, were treated with a cursory inspection, as were the proposed pipeline alignments along paved roadways. In this way, the ground surface in the APE was systematically examined for any evidence of human activities dating to the prehistoric or historic period (i.e., 50 years or older). Visibility of the native ground surface was mostly poor where pavement and/or gravel were prevalent but was excellent (95-100%) in unpaved areas where the ground had been cleared. In light of the heavily disturbed condition of the surface soil in the APE and the reduced archaeological sensitivity, the survey methods and the ground visibility were deemed adequate for this study.

RESULTS AND FINDINGS

RECORDS SEARCH

According to SCCIC records, three past cultural resources studies have involved portions of the current APE, including a 1979 survey at the intersection of Central Avenue and Phillips Boulevard for a traffic signal, a 2004 survey for street improvements along a 2.5-mile stretch of Mission Boulevard, and a large-scale 2008 survey for a water management program covering many locations scattered throughout the Chino Basin (San Bernardino County Museum Association 1979; Shepard 2004; Tang et al. 2008). None of these studies included a systematic survey of the current APE in its entirety, and all of them are now well over 10 years old and are thus considered out-of-date for statutory compliance purposes today.

Within the half-mile scope of the records search, SCCIC records showed at least 12 other previous studies on various tracts of land and linear features (Fig. 5). In all, some 10% of the land within the scope of the records search has been surveyed, resulting in the recordation of one historic-period site. Site 36-010330 consists of various segments of the Union Pacific (formerly Southern Pacific) Railroad throughout western San Bernadino County. The segment recorded closest to the APE runs adjacent to the north side of the State Street right-of-way, but the proposed undertaking, involving only subsurface trenching for pipeline installation at this location, has no potential to affect the current condition of the rail line, either directly or indirectly. Therefore, Site 36-010330 requires no further consideration during this study.

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10 Figure 5. Previous cultural resources studies in the vicinity of the project area as listed by SCCIC file number.

Locations of historical/archaeological resources are not shown as a protective measure.

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11 HISTORICAL BACKGROUND RESEARCH

Historic maps and aerial photographs consulted during this study suggest that the APE is relatively low in sensitivity for potentially significant cultural resources from the historic period. Prior to 1900, no notable human-made features were known to be present within or adjacent to the APE except the Southern Pacific Railroad and the ubiquitous roads, such as the forerunners of State Street and Phillips Avenue, both of which were in place in the 1890s (Figs. 6, 7). During the late 19th and early to mid-20th century, land use in the project vicinity was dominated by agriculture, with orchards covering most of the land and scattered buildings lining the grid of roads (Figs. 7-9; NETR Online 1938-1959).

One of the well sites in the APE, Wells 10 and 12/Reservoirs 2 and 4 on Phillips Boulevard, is known to have been occupied by a public utility facility at least by the 1930s, when a water tank was observed in the northeastern corner of the site (Fig. 8; NETR Online 1938). However, the portion of the site where the APE is located, approximately 200 feet to the west of this early tank, remained vacant at the time (ibid.). In 1946-1948, a second tank was built directly to the south of the first, and a third, much larger tank was added in the 1970s to their west, immediately adjacent to the APE (NETR Online 1946-1980; USGS 1981). The oldest tank among the three was apparently replaced or rebuilt in the 1960s, and this replacement was eventually removed between 1980 and 1992 (NETR Online 1964-1992).

Meanwhile, the site of Well 14/Reservoir 5 on Benson Avenue contained what appeared to be two

Figure 6. The APE and vicinity in 1852-1865. (Source:

GLO 1865)
farmsteads during the 1930s-1950s, with part of
an expansive orchard covering the rest of the
land (Figs. 8, 9; NETR Online 1938-1948). In
the post-WWII era, as elsewhere in the southern
California “citrus belt,” orchards in the project
vicinity began to give way to residential
development and other agricultural crops, and
the acreage devoted to the cultivation of fruit
trees dwindled rapidly during the 1950s-1960s
(Figs. 9, 10; NETR Online 1959-1965). By the
late 1950s, this portion of the APE had become
one of the last remaining tracts of land in the
vicinity still occupied by orchards (NETR
Online 1959). Between then and 1972, the
orchard on the property was gradually
abandoned and removed (NETR Online 1959-
1972). The current water production and
storage facility at this location was constructed
in the 1980-1992 period, obliterating all traces
of the former agrarian landscape, including
buildings at both of the farmsteads (NETR
Online 1959-1992).

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12 Figure 7. The APE and vicinity in 1894. (Source: USGS 1903)

Figure 8. The APE and vicinity in 1933. (Source: USGS 1942)

Figure 9. The APE and vicinity in 1952-1954. (Source:

USGS 1954)

Figure 10. The APE and vicinity in 1966-1967. (Source:

USGS 1967)

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13 NATIVE AMERICAN PARTICIPATION

In response to CRM TECH’s inquiry, the NAHC replied in a letter dated November 14, 2021, that the Sacred Lands File identified no Native American cultural resources in or near the APE but recommended that local Native American groups be contacted for further information. For that purpose, the NAHC provided a referral list of 16 potential contacts representing 11 tribal organizations in the region (see App. 2). Upon receiving the NAHC’s reply, CRM TECH sent written requests for comments to all 11 tribal organizations on the referral list on November 15, 2021 (see App. 2). Follow-up telephone solicitations were then carried out between December 15 and 23, 2021. The tribal representatives contacted are listed below:

• Andrew Salas, Chairperson, Gabrieleno Band of Mission Indians-Kizh Nation; • Sandonne Goad, Chairperson, Gabrielino/Tongva Nation; • Anthony Morales, Chairperson, Gabrieleno/Tongva San Gabriel Band of Mission Indians; • Robert Dorame, Chairperson, Gabrielino Tongva Indians of California Tribal Council; • Charles Alvarez, Chairperson, Gabrielino Tongva Tribe; • Ann Brierty, Tribal Historic Preservation Officer, Morongo Band of Mission Indians; • Jill McCormick, Historic Preservation Officer, Quechan Tribe of the Fort Yuma Reservation; • Jessica Mauck, Cultural Resources Director, San Manuel Band of Mission Indians; • Vanessa Minott, Tribal Administrator, Santa Rosa Band of Cahuilla Indians; • Mark Cochrane, Co-Chairperson, Serrano Nation of Mission Indians; • Joseph Ontiveros, Tribal Historic Preservation Officer, Soboba Band of Luiseño Indians.

As of this time, three of the tribes have responded in writing, and two others have provided their comments via telephone (see App. 2). Among them, Jill McCormick of the Quechan Tribe deferred to tribes in closer proximity to the APE. Similarly, Jessica Valdez, Cultural Resource Specialist for the Soboba Band, deferred further consultation to Anthony Morales of the Gabrieleno/Tongva San Gabriel Band. Ryan Nordness, Cultural Resource Analyst for the San Manuel Band, stated that the project location was outside the tribe’s ancestral territory and declined to pursue further consultation over this undertaking.

Brandy Salas, Tribal Administrative Specialist for the Gabrieleño Band of Mission Indians-Kizh Nation, requested contact information for the lead agency, which CRM TECH provided by e-mail on the same day. Co-Chairperson Mark Cochrane of the Serrano Nation requested to be notified immediately if any Native American cultural resources were discovered during ground-disturbing activities. None of the Native American representatives who responded identified any specific sites or issues of concern.

GEOARCHAEOLOGICAL ANALYSIS

The surface sediments in the APE were mapped by Morton and Miller (2006) as young alluvial-fan deposits (Qyf3), described as “slightly to moderately consolidated silt, sand, and coarse-grained sand to bouldery alluvial-fan deposits having slightly to moderately dissected surfaces,” which dates to the middle Holocene Epoch. Dibblee and Minch (2002) mapped much of the San Bernardino Valley floor in the vicinity of the APE as alluvial gravel and sand of valley areas (Qa), Holocene in age.

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14 Geospatial analyses of known prehistoric sites in inland southern California suggest that long-term residential settlements of the Native population were more likely to occur in sheltered areas near the base of hills and/or on elevated terraces, hills, and finger ridges near permanent or reliable sources of water, while the level, unprotected valley floor was used mainly for resource procurement, travel, and occasional camping during these activities. This is corroborated by the ethnographic literature that identifies foothills as preferred settlement environment for Native Americans of the Inland Empire region (Bean 1978; Bean and Shipek 1978; Bean and Smith 1978b).

Based on this settlement pattern, the general location of the APE, on the open valley floor with only intermittent drainages nearby, would not have provided a favorable setting for permanent or long- term habitation by the aboriginal population during prehistoric times. Instead, as the type of prehistoric archaeological sites previously recorded in similar setting suggests, the area was more likely used for resource gathering and processing, and perhaps temporary camping. As mentioned above, no prehistoric archaeological sites or isolates were previously recorded within a half-mile radius of the APE.

In light of its geoarchaeological profile, the APE appears to be relatively low in sensitivity for buried deposits of potentially significant archaeological remains of prehistoric origin. Furthermore, virtually the entire APE has been extensively disturbed by past agricultural operations and/or construction activities. Along the roadways containing the proposed pipeline alignment, existing disturbance of four to six feet in depth can be assumed from road construction and underground utility installation, based on general information provided by local public works officials in the past and reviews of as-built plans for roadways of similar nature. These disturbances further reduce the archaeological sensitivity of the vertical APE.

FIELD SURVEY

The field survey produced negative results for potential “historic properties”/“historical resources” within the APE. As noted above, the Wells 10 and 12/Reservoirs 2 and 4 facility was originally developed in the early 20th century, and one of the existing water tanks at this location dates to the 1940s. The portion of the facility within the APE, however, was not involved in the early development, and the larger water tank standing adjacent to the APE boundary, between the project location and the 1940s tank, is a modern structure built in the 1970s (NETR Online 1972; 1980). At Well 14/Reservoir 5, all existing features are clearly modern in appearance, consistent with their 1980-1992 origin (NETR Online 1980; 1992), and no remnants of the early 20th century farmsteads that once occupied the property were found.

Historical maps and aerial photographs indicate that all of the public roadways containing the proposed pipeline alignments, namely State Street, Benson Avenue, Mission Boulevard, Vernon Avenue, and Phillips Boulevard, came into being during the historic period (Figs. 7-10). However, during the field survey they were found to be modern in appearance due to upgrading and maintenance in recent decades. Like most other elements of the historic-era infrastructure that remain in service today, these roads do not demonstrate any distinctively historical characteristics and are therefore not considered potential “historic properties”/“historical resources.”

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15 MANAGEMENT CONSIDERATIONS

The purpose of this study is to identify any “historic properties” or “historical resources” that may exist within or adjacent to the APE. “Historic properties,” as defined by the Advisory Council on Historic Preservation, include “any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior” (36 CFR 800.16(l)). The eligibility for inclusion in the National Register is determined by applying the following criteria, developed by the National Park Service as per provision of NHPA:

The quality of significance in American history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and (a) that are associated with events that have made a significant contribution to the broad patterns of our history; or
(b) that are associated with the lives of persons significant in our past; or (c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) that have yielded, or may be likely to yield, information important in prehistory or history. (36 CFR 60.4)

For CEQA-compliance considerations, the State of California Public Resources Code (PRC) establishes the definitions and criteria for “historical resources,” which require similar protection to what NHPA Section 106 mandates for “historic properties.” “Historical resources,” according to PRC §5020.1(j), “includes, but is not limited to, any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.”

More specifically, CEQA guidelines state that the term “historical resources” applies to any such resources listed in or determined to be eligible for listing in the California Register of Historical Resources, included in a local register of historical resources, or determined to be historically significant by the lead agency (Title 14 CCR §15064.5(a)(1)-(3)). Regarding the proper criteria of historical significance, CEQA guidelines mandate that “generally a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing on the California Register of Historical Resources” (Title 14 CCR §15064.5(a)(3)). A resource may be listed in the California Register if it meets any of the following criteria:

(1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
(2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. (PRC §5024.1(c))

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16 In summary of the research results outlined above, no potential “historic properties”/“historical resources” were previously identified within the APE, and none were encountered during this study.

Although evidence of development was noted at both well sites in the early 20th century, no physical remains of the early features were observed within or adjacent to the APE during the field survey.

Along the pipeline alignment, all of the existing roadways trace their origin to the historic period, but as working components of the modern urban infrastructure they do not demonstrate any distinctively historical characteristics and are therefore not considered potential “historic properties”/“historical resources.” Based on these findings, and in light of the criteria listed above, this study concludes that no “historic properties” or “historical resources” are present within the APE.

CONCLUSION AND RECOMMENDATIONS

Section 106 of NHPA mandates that federal agencies take into account the effects of their undertakings on historic properties and seek ways to avoid, minimize, or mitigate any adverse effects on such properties (36 CFR 800.1(a)). Similarly, CEQA establishes that “a project that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment” (PRC §21084.1). “Substantial adverse change,” according to PRC §5020.1(q), “means demolition, destruction, relocation, or alteration such that the significance of an historical resource would be impaired.”

As stated above, the present study encountered no “historic properties” or “historical resources” within the APE, and the subsurface sediments in the vertical APE appear to be relatively low in archaeological sensitivity. Therefore, CRM TECH presents the following recommendations to the City of Chino and the BOR pursuant to 36 CFR 800.4(d)(1) and PRC §21084.1:

• No “historic properties” or “historical resources” will be affected by the proposed undertaking. • No further cultural resources investigation will be necessary for the undertaking unless project plans undergo such changes as to include areas not covered by this study. • If buried cultural materials are inadvertently discovered during earth-moving operations associated with the undertaking, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the find.

REFERENCES

Basgall, Mark E., and D.L. True
1985 Archaeological Investigations in Crowder Canyon, 1973-1984: Excavations at Sites SBR- 421B, SBR-421C, SBR-421D, and SBR-713, San Bernardino County, California. On file, South Central Coastal Information Center, California State University, Fullerton.

Bean, Lowell John
1978 Cahuilla. In Handbook of North American Indians, Vol. 8: California, edited by Robert F. Heizer; pp. 575-587. Smithsonian Institution, Washington, D.C.

Bean, Lowell John, and Florence C. Shipek
1978 Luiseño. In Handbook of North American Indians, Vol. 8: California, edited by Robert F. Heizer; pp. 550-563. Smithsonian Institution, Washington, D.C.

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17 Bean, Lowell John, and Charles R. Smith
1978a Gabrielino. In Robert F. Heizer (ed.): Handbook of North American Indians, Vol. 8:

California; pp. 538-549. Smithsonian Institution, Washington, D.C. 1978b Serrano. In Handbook of North American Indians, Vol. 8: California, edited by Robert F. Heizer; pp. 570-574. Smithsonian Institution, Washington, D.C.

Beck, Warren A., and Ynez D. Haase
1974 Historical Atlas of California. University of Oklahoma Press, Norman.

Chartkoff, Joseph L., and Kerry Kona Chartkoff
1984 The Archaeology of California. Stanford University Press, Stanford, California.

Dibblee, T.W. and Minch, J.A.
2002 Geologic Map of the San Dimas and Ontario Quadrangles, Los Angeles and San Bernardino Counties, California. Dibblee Geological Foundation Map DF-91. Santa Barbara, California.

Gamble, Lynn H.
2002 Archaeological Evidence for the Origin of the Plank Canoe in North America. American Antiquity 67(2):301-315.

GLO (General Land Office, U.S. Department of the Interior) 1865 Plat Map: Township No. 1 South Range No. 8 West, SBBM; surveyed in 1852-1865.

Goldberg, Susan K. (ed.)
2001 Metropolitan Water District of Southern California Eastside Reservoir Project: Final Report of Archaeological Investigations. On file, Eastern information Center, University of California, Riverside.

Goodman, John D., II
2002 Archaeological Survey of the Charter Communications Cable Project, Mountaintop Ranger District, San Bernardino National Forest, California. San Bernardino National Forest Technical Report 05-12-BB-102. San Bernardino, California.

Goodman, John D., II, and Meg McDonald
2001 Archaeological Survey of the Southern California Trials Association Event Area, Little Pine Flats, Mountaintop Ranger District, San Bernardino National Forest, California. San Bernardino National Forest Technical Report 05-12-BB-106. San Bernardino, California.

Grenda, Donn
1993 Archaeological Treatment Plan for CA-RIV-2798/H, Lake Elsinore, Riverside County, California. On file, Eastern Information Center, University of California, Riverside. 1997 Continuity and Change: 8,500 Years of Lacustrine Adaptation on the Shores of Lake Elsinore. Statistical Research Technical Series 59. Statistical Research, Inc., Tucson, Arizona.

Gunther, Jane Davies
1984 Riverside County, California, Place Names: Their Origins and Their Stories. Jane Davies Gunther, Riverside.

Horne, Melinda C., and Dennis P. McDougall
2008 CA-RIV-6069: Early Archaic Settlement and Subsistence in the San Jacinto Valley, Western Riverside County, California. On file, Eastern Information Center, University of California, Riverside.

Jenkins, Olaf P.
1980 Geomorphic Provinces Map of California. California Geology 32(2):40-41. California Division of Mines and Geology, Sacramento.

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18 Keller, Jean S., and Daniel F. McCarthy
1989 Data Recovery at the Cole Canyon Site (CA-RIV-1139), Riverside County, California.

Pacific Coast Archeological Society Quarterly 25.

McCawley, William
1996 The First Angelinos: The Gabrielino Indians of Los Angeles. Malki Museum Press, Banning, California, and Ballena Press, Novato, California.

Milburn, Doug, U.K. Doan, and John D. Goodman, II
2008 Archaeological Investigation at Baldy Mesa-Cajon Divide for the Baldy Mesa Off- Highway-Vehicle Recreation Trails Project San Bernardino National Forest, San Bernardino County, California. On file, San Bernardino National Forest (ARR #05-12-53-091), San Bernardino.

Miller, Bruce W.
1991 The Gabrielino. Sand River Press, Los Osos, California.

Morton, D.M. and Miller, F.K.
2006 Geologic Map of the San Bernardino and Santa Ana 30’x60’ Quadrangles, California.

United States Geological Survey Open-File Report OF-2006-1217. Washington, D.C.

NETR (Nationwide Environmental Title Research) Online
1938-1992 Aerial and satellite photographs of the project vicinity; taken in 1938, 1946, 1948, 1959, 1964, 1965, 1966, 1972, 1980, and 1992. http://www.historicaerials. com.

San Bernardino County Museum Association
1979 Cultural Resources Assessment: Central Avenue at Phillips Boulevard. On file, South Central Coastal Information Center, California State University, Fullerton.

Schuiling, Walter C.
1984 San Bernardino County: Land of Contrast. Windsor Publications, Woodland Hills, California.

Shepard, Richard S.
2005 Preliminary Cultural Resources Assessment: Mission Boulevard Corridor Improvements, City of Montclair, San Bernardino County. On file, South Central Coastal Information Center, California State University, Fullerton.

Slawson, Dana
1998 Cultural Resources Survey for the Proposed Inland Empire Utilities Agency Wastewater Treatment Plant—Regional Plant Number 5. On file, South Central Coastal Information Center, California State University, Fullerton.

Stickel, E. Gary
2016 Why the Original Indian Tribe of the Greater Los Angeles Area Is Called Kizh Not Tongva. Kizh Tribal Press, San Gabriel, California.

Tang, Bai “Tom,” Deirdre Encarnación, and Daniel Ballester 2008 Historical/Archaeological Resources Survey Report: Chino Groundwater Basin Dry-Year Yield Program Expansion, Los Angeles, Riverside, and San Bernardino Counties, California.

On file, South Central Coastal Information Center, California State University, Fullerton.

USGS (United States Geological Survey, U.S. Department of the Interior) 1903 Map: Cucamonga, Calif. (15’, 1:62,500); surveyed in 1894. 1942 Map: Ontario and Vicinity, Calif. (1:31,680); surveyed in 1933. 1954 Map: Ontario, Calif. (7.5’, 1:24,000); aerial photographs taken in 1952, field checked 1954.

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19 1967 Map: Ontario, Calif. (7.5’, 1:24,000); aerial photographs taken in 1966, field checked 1967.
1969 Map: San Bernardino, Calif. (120’x60’, 1:250,000); 1958 edition revised. 1979 Map: Santa Ana, Calif. (120’x60’, 1:250,000); 1959 edition revised. 1981 Map: Ontario, Calif. (7.5’, 1:24,000); 1967 edition photorevised in 1978.

Warren, Claude N.
1984 The Desert Region. In Michael J. Moratto (ed.): California Archaeology; pp. 339-430.

Academic Press, Orlando, Florida.

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20 APPENDIX 1

PERSONNEL QUALIFICATIONS

PRINCIPAL INVESTIGATOR/HISTORIAN
Bai “Tom” Tang, M.A.

Education

1988-1993 Graduate Program in Public History/Historic Preservation, University of California, Riverside.
1987 M.A., American History, Yale University, New Haven, Connecticut. 1982 B.A., History, Northwestern University, Xi’an, China.

2000 “Introduction to Section 106 Review,” presented by the Advisory Council on Historic Preservation and the University of Nevada, Reno.
1994 “Assessing the Significance of Historic Archaeological Sites,” presented by the Historic Preservation Program, University of Nevada, Reno.

Professional Experience

2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1993-2002 Project Historian/Architectural Historian, CRM TECH, Riverside, California. 1993-1997 Project Historian, Greenwood and Associates, Pacific Palisades, California. 1991-1993 Project Historian, Archaeological Research Unit, University of California, Riverside. 1990 Intern Researcher, California State Office of Historic Preservation, Sacramento. 1990-1992 Teaching Assistant, History of Modern World, University of California, Riverside. 1988-1993 Research Assistant, American Social History, University of California, Riverside. 1985-1988 Research Assistant, Modern Chinese History, Yale University. 1985-1986 Teaching Assistant, Modern Chinese History, Yale University. 1982-1985 Lecturer, History, Xi’an Foreign Languages Institute, Xi’an, China.

Cultural Resources Management Reports

Preliminary Analyses and Recommendations Regarding California’s Cultural Resources Inventory System (with Special Reference to Condition 14 of NPS 1990 Program Review Report). California State Office of Historic Preservation working paper, Sacramento, September 1990.

Numerous cultural resources management reports with the Archaeological Research Unit, Greenwood and Associates, and CRM TECH, since October 1991.

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21 PRINCIPAL INVESTIGATOR/ARCHAEOLOGIST
Michael Hogan, Ph.D., RPA (Registered Professional Archaeologist)

Education

1991 Ph.D., Anthropology, University of California, Riverside. 1981 B.S., Anthropology, University of California, Riverside; with honors. 1980-1981 Education Abroad Program, Lima, Peru.

2002 “Section 106—National Historic Preservation Act: Federal Law at the Local Level,” UCLA Extension Course #888.
2002 “Recognizing Historic Artifacts,” workshop presented by Richard Norwood, Historical Archaeologist.
2002 “Wending Your Way through the Regulatory Maze,” symposium presented by the Association of Environmental Professionals.
1992 “Southern California Ceramics Workshop,” presented by Jerry Schaefer. 1992 “Historic Artifact Workshop,” presented by Anne Duffield-Stoll.

Professional Experience

2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1999-2002 Project Archaeologist/Field Director, CRM TECH, Riverside, California. 1996-1998 Project Director and Ethnographer, Statistical Research, Inc., Redlands, California. 1992-1998 Assistant Research Anthropologist, University of California, Riverside. 1992-1995 Project Director, Archaeological Research Unit, U.C. Riverside. 1993-1994 Adjunct Professor, Riverside Community College, Mt. San Jacinto College, U.C.

Riverside, Chapman University, and San Bernardino Valley College. 1991-1992 Crew Chief, Archaeological Research Unit, U.C. Riverside. 1984-1998 Project Director, Field Director, Crew Chief, and Archaeological Technician for various southern California cultural resources management firms.

Research Interests

Cultural Resource Management, Southern Californian Archaeology, Settlement and Exchange Patterns, Specialization and Stratification, Culture Change, Native American Culture, Cultural Diversity.

Cultural Resources Management Reports

Principal investigator for, author or co-author of, and contributor to numerous cultural resources management study reports since 1986.

Memberships

Society for American Archaeology; Society for California Archaeology; Pacific Coast Archaeological Society; Coachella Valley Archaeological Society.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 673
22 PROJECT ARCHAEOLOGIST/REPORT WRITER
Deirdre Encarnación, M.A.

Education

2003 M.A., Anthropology, San Diego State University, California. 2000 B.A., Anthropology, minor in Biology, with honors; San Diego State University, California.
2021 Certificate of Specialization, Kumeyaay Studies, Cuyamaca College, California.

Professional Experience

2004- Project Archaeologist/Report Writer, CRM TECH, Riverside/Colton, California. 2001-2003 Part-time Lecturer, San Diego State University, California. 2001 Research Assistant for Dr. Lynn Gamble, San Diego State University. 2001 Archaeological Collection Catalog, SDSU Foundation.

Memberships

Society for California Archaeology; Society for Hawaiian Archaeology; California Native Plant Society.

PROJECT ARCHAEOLOGIST
Hunter C. O’Donnell, B.A.

Education

2016- M.A. Program, Applied Archaeology, California State University, San Bernardino. 2015 B.A. (cum laude), Anthropology, California State University, San Bernardino. 2012 A.A., Social and Behavioral Sciences, Mt. San Antonio College, Walnut, California. 2011 A.A., Natural Sciences and Mathematics, Mt. San Antonio College, Walnut, California.

Professional Experience

2017- Project Archaeologist, CRM TECH, Colton, California. 2016-2018 Graduate Research Assistant, Applied Archaeology, California State University, San Bernardino.
2016-2017 Cultural Intern, Cultural Department, Pechanga Band of Luiseño Indians, Temecula, California.
2015 Archaeological Intern, U.S. Bureau of Land Management, Barstow, California. 2015 Peer Research Consultant: African Archaeology, California State University, San Bernardino.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 674
23 APPENDIX 2

CORRESPONDENCE WITH
NATIVE AMERICAN REPRESENTATIVES*

* Seven local Native American representatives were contacted during this study; a sample letter is included in the appendix.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 675

SACRED LANDS FILE & NATIVE AMERICAN CONTACTS LIST REQUEST

NATIVE AMERICAN HERITAGE COMMISSION
915 Capitol Mall, RM 364
Sacramento, CA 95814
(916) 653-4082
(916) 657-5390 (fax)
[email protected]

Project: Proposed City of Chino State Street Water Treatment Project (CRM TECH No. 3789) County: San Bernardino
USGS Quadrangle Name: Ontario, Calif.

Township 1 South Range 8 West SB BM; Section(s) 26 and 35 Company/Firm/Agency: CRM TECH
Contact Person: Nina Gallardo
Street Address: 1016 E. Cooley Drive, Suite A/B
City: Colton, CA Zip: 92324
Phone: (909) 824-6400 Fax: (909) 824-6405
Email: [email protected]
Project Description: The primary component of the project is to make improvements to the existing State Street Water Treatment Facility (SSWTF), modifications at Well 12, and the install ation of segments of both water transmission and brine pipeline s within several public roadways in the service area of the City of Chino, San Bernardino County, California.

October 6, 2021

12.13.b
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Packet Pg. 676

STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

November 14, 2021

Nina Gallardo

CRM TECH

Via Email to: [email protected]

Re: Proposed City of Chino State Street Water Treatment Project, San Bernardino County

Dear Ms. Gallardo:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,

Andrew Green
Cultural Resources Analyst

Attachment

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

PARLIAMENTARIAN
Russell Attebery
Karuk

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Sara Dutschke
Miwok

COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

COMMISSIONER
Wayne Nelson
Luiseño

COMMISSIONER
Stanley Rodriguez
Kumeyaay

EXECUTIVE SECRETARY
Christina Snider
Pomo

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

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Packet Pg. 677
Gabrieleno Band of Mission
Indians - Kizh Nation
Andrew Salas, Chairperson
P.O. Box 393
Covina, CA, 91723
Phone: (626) 926 - 4131
[email protected]
Gabrieleno
Gabrieleno/Tongva San Gabriel
Band of Mission Indians
Anthony Morales, Chairperson
P.O. Box 693
San Gabriel, CA, 91778
Phone: (626) 483 - 3564
Fax: (626) 286-1262
[email protected]
Gabrieleno
Gabrielino /Tongva Nation
Sandonne Goad, Chairperson
106 1/2 Judge John Aiso St.,
#231
Los Angeles, CA, 90012
Phone: (951) 807 - 0479
[email protected]
Gabrielino
Gabrielino Tongva Indians of
California Tribal Council
Christina Conley, Tribal
Consultant and Administrator
P.O. Box 941078
Simi Valley, CA, 93094
Phone: (626) 407 - 8761
[email protected]
u
Gabrielino
Gabrielino Tongva Indians of
California Tribal Council
Robert Dorame, Chairperson
P.O. Box 490
Bellflower, CA, 90707
Phone: (562) 761 - 6417
Fax: (562) 761-6417
[email protected]
Gabrielino
Gabrielino-Tongva Tribe
Charles Alvarez,
23454 Vanowen Street
West Hills, CA, 91307
Phone: (310) 403 - 6048
[email protected]
Gabrielino
Morongo Band of Mission
Indians
Ann Brierty, THPO
12700 Pumarra Road
Banning, CA, 92220
Phone: (951) 755 - 5259
Fax: (951) 572-6004
[email protected]
Cahuilla
Serrano
Morongo Band of Mission
Indians
Robert Martin, Chairperson
12700 Pumarra Road
Banning, CA, 92220
Phone: (951) 755 - 5110
Fax: (951) 755-5177
[email protected]
Cahuilla
Serrano
Quechan Tribe of the Fort Yuma
Reservation
Jill McCormick, Historic
Preservation Officer
P.O. Box 1899
Yuma, AZ, 85366
Phone: (760) 572 - 2423
historicpreservation@quechantrib
e.com
Quechan
Quechan Tribe of the Fort Yuma
Reservation
Manfred Scott, Acting Chairman
Kw'ts'an Cultural Committee
P.O. Box 1899
Yuma, AZ, 85366
Phone: (928) 750 - 2516
[email protected]
Quechan
San Manuel Band of Mission
Indians
Jessica Mauck, Director of
Cultural Resources
26569 Community Center Drive
Highland, CA, 92346
Phone: (909) 864 - 8933
Jessica.Mauck@sanmanuel-
nsn.gov
Serrano
1 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Proposed City of Chino State Street Water Treatment Project, San Bernardino County.

PROJ-2021-
005595
11/14/2021 06:11 PM
Native American Heritage Commission
Native American Contact List
San Bernardino County
11/14/2021

12.13.b
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Packet Pg. 678
Santa Rosa Band of Cahuilla
Indians
Lovina Redner, Tribal Chair
P.O. Box 391820
Anza, CA, 92539
Phone: (951) 659 - 2700
Fax: (951) 659-2228
[email protected]
Cahuilla
Serrano Nation of Mission
Indians
Wayne Walker, Co-Chairperson
P. O. Box 343
Patton, CA, 92369
Phone: (253) 370 - 0167
[email protected]
Serrano
Serrano Nation of Mission
Indians
Mark Cochrane, Co-Chairperson
P. O. Box 343
Patton, CA, 92369
Phone: (909) 528 - 9032
[email protected]
Serrano
Soboba Band of Luiseno
Indians
Isaiah Vivanco, Chairperson
P. O. Box 487
San Jacinto, CA, 92581
Phone: (951) 654 - 5544
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
Soboba Band of Luiseno
Indians
Joseph Ontiveros, Cultural
Resource Department
P.O. BOX 487
San Jacinto, CA, 92581
Phone: (951) 663 - 5279
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
2 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Proposed City of Chino State Street Water Treatment Project, San Bernardino County.

PROJ-2021-
005595
11/14/2021 06:11 PM
Native American Heritage Commission
Native American Contact List
San Bernardino County
11/14/2021

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 679

November 15, 2021

RE: Proposed State Street Water Treatment Facility Improvements Project Modifications at Well 12 and Approximately 1.8 Linear Miles of Water Pipeline Alignment City of Chino, San Bernardino County, California
CRM TECH Contract #3789

Dear Tribal Representative:

I am writing to bring your attention to an ongoing CEQA- and Section 106-compliance study for the proposed project referenced above, which entails improvements at the existing State Street Water Treatment Facility (SSWTF), specifically modifications at Well 12, and the installation of approximately 1.8 linear miles of pipeline within several public roadways within the SSWTF service area in the City of Chino. The accompanying map, based on the USGS Ontario, Calif., 7.5' quadrangle, depict the Area of Potential Effects (APE) within Sections 26 and 35, T1S R8W, SBBM.

The Native American Heritage Commission reports in a letter dated November 14, 2021, that the results of the Sacred Lands File search were negative but recommends that local Native American groups be contacted for further information (see attached). Therefore, as part of the cultural resources study for this project, I am writing to request your input on potential Native American cultural resources in or near the APE.

Please respond at your earliest convenience if you have any specific knowledge of sacred/religious sites or other sites of Native American traditional cultural value in or near the APE, or any other information to consider during the cultural resources investigations. Any information or concerns may be forwarded to CRM TECH by telephone, e-mail, facsimile, or standard mail. Requests for documentation or information we cannot provide will be forwarded to our client and/or the lead agencies, namely the City of Chino and the Bureau of Reclamation.

We would also like to clarify that, as the cultural resources consultant for the project, CRM TECH is not involved in the AB 52-compliance process or in government-to-government consultations. The purpose of this letter is to seek any information that you may have to help us determine if there are cultural resources in or near the project area that we should be aware of and to help us assess the sensitivity of the APE. Thank you for your time and effort in addressing this important matter.

Respectfully,

Nina Gallardo
Project Archaeologist/Native American liaison

CRM TECH
Email: [email protected]

Encl.: NAHC response letter and project location map

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 680

From: Quechan Historic Preservation Officer <[email protected]> Sent: Tuesday, November 16, 2021 11:17 AM
To: [email protected]
Subject: RE: NA Scoping Letter for the Proposed State Street Water Treatment Facility Improvements Project in the City of Chino, San Bernardino County (CRM TECH #3789)

This email is to inform you that we have no comments on this project. We defer to the more local Tribes and support their decisions on the projects.

From: Gabrieleno Administration <[email protected]> Sent: Thursday, November 18, 2021 10:23 AM
To: Nina Gallardo
Cc: [email protected]
Subject: Re: NA Scoping Letter for the Proposed State Street Water Treatment Facility Improvements Project in the City of Chino, San Bernardino County (CRM TECH #3789)

Hello Nina

Can you please provide us with the lead agency's contact information?

Thank you

Brandy Salas

Admin Specialist
Gabrieleno Band of Mission Indians - Kizh Nation
PO Box 393
Covina, CA 91723
Office: 844-390-0787
website: www.gabrielenoindians.org
From: Nina Gallardo <[email protected]>
Sent: Thursday, November 18, 2021 11:29 AM
To: 'Gabrieleno Administration'
Subject: RE: NA Scoping Letter for the Proposed State Street Water Treatment Facility Improvements Project in the City of Chino (CRM TECH #3789)

Hello Brandy,

The City of Chino’s point of contact is Natalie Ávila. Ms. Ávila can be contacted by phone at (909) 334-3406 or by e-mail at [email protected].

Thank you for your time and input on this project.

Nina Gallardo
Project Archaeologist/Native American liaison

CRM TECH

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Packet Pg. 681

From: Ryan Nordness <[email protected]>
Sent: Wednesday, December 15, 2021 12:46 PM
To: [email protected]
Cc: Jessica Mauck
Subject: RE: NA Scoping Letter for the Proposed State Street Water Treatment Facility Improvements Project in the City of Chino, San Bernardino County (CRM TECH #3789)

Hey Nina,

Thanks for reaching out about this project, and I apologize for letting it lapse for a time. Please place me, and not Jessica, as the POC for all upcoming information requests and notices. This project is outside of Serrano ancestral territory and, as such, SMBMI will not be requesting to receive consulting party status with the lead agency or to participate in the scoping, development, or review of documents created pursuant to legal and regulatory mandates.

Kind regards,
Ryan Nordness
Cultural Resource Analyst
San Manuel Band of Mission Indians

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 682

TELEPHONE LOG

Name Tribe/Affiliation Telephone Contacts Note
Sandonne Goad,
Chairperson
Gabrielino/Tongva
Nation
10:20 am, December 15, 2021;
12:25 pm, December 23, 2021
Left voice messages; no response to
date.

Andrew Salas,
Chairman
Gabrieleño Band of
Mission Indians -
Kizh Nation
None Brandy Salas, Tribal Administrative
Specialist, responded by e-mail on
November 18, 2021 (copy
attached).

Anthony Morales,
Chairperson
Gabrieleño/Tongva
San Gabriel Band of
Mission Indians
10:25 am, December 15, 2021;
12:27 pm, December 23, 2021
Left voice messages; no response to
date.

Charles Alvarez,
Chairperson
Gabrielino-Tongva
Tribe
10:32 am, December 15, 2021;
12:32 pm, December 23, 2021
Left voice messages; no response to
date.

Robert F. Dorame,
Chairperson
Gabrielino Tongva
Indians of
California Tribal
Council
10:28 am, December 15, 2021;
12:29 pm, December 23, 2021
Mr. Dorame stated that he would
contact the Tribal Consultant/
Administrator for comments, if any.

No further response to date.

Ann Brierty, Tribal
Historic
Preservation
Officer
Morongo Band of
Mission Indians
10:35 am, December 15, 2021;
12:44 pm, December 23, 2021
Left voice messages; no response to
date.

Jill McCormick,
Historic
Preservation
Officer
Quechan Tribe of
the Fort Yuma
Reservation
None Ms. McCormick responded by e-
mail on November 16, 2021 (copy
attached).

Jessica Mauck,
Director of
Cultural Resources
San Manuel Band of
Mission Indians
10:48 am, December 15, 2021 Ryan Nordness, Cultural Resource Analyst, responded by e-mail on
December 15, 2021 (copy attached).

Lovina Redner,
Chairperson
Santa Rosa Band of
Cahuilla Indians
1:16 pm, December 15, 2021;
12:48 pm, December 23, 2021
Left voice messages, including for
Vanessa Minott, assistant to the
Chairperson; no response to date.

Mark Cochrane,
Co-Chairperson
Serrano Nation of
Mission Indians
1:21 pm, December 15, 2021;
1:34 pm, December 15, 2021
Mr. Cochrane requested notification
if any Native American cultural
resources were discovered during
ground-disturbing activities.

Joseph Ontiveros,
Tribal Historic
Preservation
Officer
Soboba Band of
Luiseño Indians
1:25 pm, December 15, 2021 Jessica Valdez, Cultural Resource Specialist, stated that the Tribe
would defer to Anthony Morales of
the Gabrieleño/Tongva San Gabriel
Band.

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Packet Pg. 683
City of Chino
State Street Water Treatment Project INITIAL STUDY

TOM DODSON & ASSOCIATES

APPENDIX 5

SOILS MAPS

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 684
Soil Map—San Bernardino County Southwestern Part, California (State Street W
ater Treatment Facility )
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

3768770 3768800 3768830 3768860 3768890 3768920 3768950 3768980 3769010 3768770 3768800 3768830 3768860 3768890 3768920 3768950 3768980 3769010 437050 437080 4371 10 437140 437170 437200
437020 437050 437080 4371 10 437140 437170 437200
34° 3' 35'' N
117° 40' 56'' W
34° 3' 35'' N
117° 40' 49'' W
34° 3' 27'' N
117° 40' 56'' W
34° 3' 27'' N
117° 40' 49'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0 50 100 200 300
Feet
0 15 30 60 90
Meters
Map Scale: 1:1,220 if printed on A portrait (8.5" x 11") sheet.

Soil Map may not be valid at this scale.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 685

MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map
measurements.

Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:

Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below
.

Soil Survey Area: San Bernardino County Southwestern Part, California
Survey Area Data: Version 13, Sep 13, 2021
Soil map units are labeled (as space allows) for map scales 1:50,000 or larger
.

Date(s) aerial images were photographed: Dec 5, 2020—Feb 6, 2021
The orthophoto or other base map on which the soil lines were compiled and digitized probably dif
fers from the background
imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Soil Map—San Bernardino County Southwestern Part, California (State Street W
ater Treatment Facility )
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 686
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI TuB Tujunga loamy sand, 0 to 5
percent slopes

5.7 100.0%
Totals for Area of Interest 5.7 100.0%
Soil Map—San Bernardino County Southwestern Part, California State Street Water Treatment Facility Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 687
Soil Map—San Bernardino County Southwestern Part, California (State Street W
ater Treatment Facility Well 12 Site)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

3767490 3767520 3767550 3767580 3767610 3767640 3767670 3767490 3767520 3767550 3767580 3767610 3767640 3767670 4361 10 436140 436170 436200 436230 436260 436290 436320 436350 436380 4361 10 436140 436170 436200 436230 436260 436290 436320 436350 436380 34° 2' 52'' N
117° 41' 32'' W
34° 2' 52'' N
117° 41' 20'' W
34° 2' 45'' N
117° 41' 32'' W
34° 2' 45'' N
117° 41' 20'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0 50 100 200 300
Feet
0 15 30 60 90
Meters
Map Scale: 1:1,340 if printed on A landscape (11" x 8.5") sheet.

Soil Map may not be valid at this scale.

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 688

MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map
measurements.

Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:

Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below
.

Soil Survey Area: San Bernardino County Southwestern Part, California
Survey Area Data: Version 13, Sep 13, 2021
Soil map units are labeled (as space allows) for map scales 1:50,000 or larger
.

Date(s) aerial images were photographed: Dec 5, 2020—Feb 6, 2021
The orthophoto or other base map on which the soil lines were compiled and digitized probably dif
fers from the background
imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Soil Map—San Bernardino County Southwestern Part, California (State Street W
ater Treatment Facility Well 12 Site)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 689
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI HbA Hanford sandy loam, 0 to 2
percent slopes

0.1 1.0%
TuB Tujunga loamy sand, 0 to 5
percent slopes

6.9 99.0%
Totals for Area of Interest 7.0 100.0%
Soil Map—San Bernardino County Southwestern Part, California State Street Water Treatment Facility W
ell 12 Site
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
11/8/2021

12.13.b
State Street Water Treatment Project (WA212) Initial
Packet Pg. 690

12.13.c
State Street Water Treatment Project (WA212) Initial
Packet Pg. 691

12.13.c
State Street Water Treatment Project (WA212) Initial
Packet Pg. 692

12.13.d
State Street Water Treatment Project (WA212) Initial
Packet Pg. 693

12.13.d
State Street Water Treatment Project (WA212) Initial
Packet Pg. 694

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: ANNEXATION NO. 7 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5.

RECOMMENDATION
1) Conduct a Public Hearing; 2) adopt Resolution No 2022 -073 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003 -3; and 3) adopt Resolution No. 202 2-074, declaring results of the special election.

FISCAL IMPACT
Annexation of this property will add an additional $46,029 of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities Distric t No. 2003-3 (CFD 2003- 3) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003-3.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Financial Stability

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: ANNEXATION NO. 7 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5
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BACKGROUND
The City’s General Plan requires the City to ensure that new development within the City has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003 -3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003-3. In addition, the City formed Improvement Area 5 of CFD 2003 -3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for Improvement Area 5 (note: no public facilities are authorized to be financed through Improvement Area 5 and no CFD bonds will be issued payable by Improvement Area 5 Special Taxes). The Rate and Method of Apportionment for Improvement Area 5 (RMA) includes the Special Tax rates for residential and non -residential properties.

Authorized municipal services payable from Improvement Area 5 Special Taxes i nclude maintenance of parks, parkways and open space, flood and storm protection, operation of storm drainage systems, and public safety services.

On September 6, 2022, City Council adopted Resolution No. 2022 -051 declaring the City of Chino’s intention to annex territory into Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services and establishing October 18, 2022 as the Public Hearing date.

ISSUES/ANALYSIS

The property owners petitioning the City Council to annex into Imp rovement Area 5 are three entities controlled by Lewis Management Corp., a Delaware corporation (“Lewis”): (i) Homecoming V At The Preserve, LLC, a Delaware limited liability company (“Homecoming”), (ii) Town Center At The Preserve, a Delaware limited lia bility company (“Town Center”), and (iii) Town Center At The Preserve West, LLC, a Delaware limited liability company (“Town Center West,” and, together with Homecoming and Town Center, the “Landowners”). The apartment and commercial properties are located South of Pine, North of Market and to the East and West of Main. The Landowners are seeking to annex into Improvement Area 5 of CFD 2003 -3 as a condition of Resolution No. 2005 -14 and subsequent resolutions, which require that all development projects wi thin The Preserve annex into an existing CFD to fund necessary municipal services.

Upon adoption of Resolution No. 2022 -051, a notice of Public Hearing was published in the local newspaper on October 8, 2022. Additionally, the full notice was sent to the Landowners as required by law. Ballot and waiver forms were sent to each of the Landowners. The waiver form allows the Landowners to waive the standard 90 -day waiting period between the calling of the special election and the actual election, along with ce rtain other procedures. Each of the Landowners have signed the waiver to ensure the election occurs on an expedited basis. The City Clerk must also concur with the shortening of various time periods applicable to said landowner election.

The annexation in to Improvement Area 5 of CFD 2003 -3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into Improvement Area 5 of CFD

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: ANNEXATION NO. 7 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5
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2003-3 at a special election.

After the public hearing has been conducted, an election i s held for the affected Landowners to cast their ballots. The ballots are tallied, and if the annexation is approved by the Landowners, the City adopts a resolution declaring the result of the special election and ordering annexation of the property into the District.

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Attachments: Resolution No. 2022-073, Exhibit A
Resolution No. 2022-074
Annexation Boundary Map

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1 RESOLUTION NO. 2022-073

A RESOLUTION OF THE CITY COUNCIL OF CITY OF CHINO ,

CALIFORNIA, AUTHORIZING THE ANNEXATION OF CERTAIN
TERRITORY TO IMPROVEMENT AREA 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003 -3 OF THE CITY OF CHINO,

AUTHORIZING THE LEVY OF SPECIAL TAXES, AND CALLING
ELECTIONS THEREIN (ANNEXATION NO. 7)
WHEREAS, the City Council (the “City Council”) of City of Chino (the “City”) has heretofore adopted Resolution No. 2022-051 on September 6, 2022 (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Proposed Annexation Area”) to Improvement Area 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 o f the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex setting forth a description of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the services (the “Services”) and costs of the Community Facilities District to be financed by Improvement Area 5 of the Community Facilities District, and the rate and method of apportionment of the special tax for Improvement Area 5 of the Community Facilities Dist rict proposed to be levied within the Proposed Annexation Area is on file with the Clerk of the City (the “City Clerk”) and is incorporated herein by reference; and WHEREAS, a notice was published in a newspaper of general circulation at least seven (7) days prior to the public hearing on October 18, 2022 with respect to the matters described in the Resolution of Intention to Annex and notice was mailed to all owners of the land within the Proposed Annexation Area as required by law relative to the intention of the City Council to annex the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to levy a special tax within the Proposed Annexation Area; and WHEREAS, on October 18, 2022, this City Council opened a noticed publi c hearing as required by law relative to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes therein for the payment of the Services and costs of the Community Facilities District; and WHEREAS, at the October 18, 2022 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and the levy of the special taxes within the Proposed Annexation Area were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes within the Proposed Annexation Area was not precluded by a majority protest of the type described in Section 53339.5 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of the special taxes in the Proposed Annexation Area; and

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2 WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the Proposed Annexation Area for the period of 90 days prior to October 18, 2022 and that the qualified electors in the Proposed Annexation A rea are the landowners within the Proposed Annexation Area; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to call an election within the Proposed Annexation Area to authorize (i) the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and (ii) the levy of special taxes pursuant to the applicable rate and method of apportionment of the special tax for Improvement Area 5 of the Community Facilities District, as set forth in Exhibit C to the Resolution of Intention to Annex (the “Improvement Area 5 Rate and Method”).

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Each of the above recitals is true and correct.

Section 2. An annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District is hereby author ized pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the annexation of the Proposed Annexation Area to Improvement Area 5 were valid and in conformity with the requirements of law, including the Act.

Section 3. The Improvement Area 5 Rate and Method is described in detail in Exhibit C to the Resolution of Intention to Annex and incorporated herein by this reference, and the City Council hereby finds that Exhibit C to the Resolution of Intention to A nnex contains sufficient detail to allow each landowner within the Proposed Annexation Area to estimate the maximum amount that may be levied against each parcel.

Section 4. Written protests against the annexation of the Proposed Annexation Area have not been filed by one-half or more of the registered voters or six registered voters, whichever is more residing within Improvement Area 5, within the boundaries of the Proposed Annexation Area or by the property owners of one -half or more of the area of land within the boundaries of the Proposed Annexation Area. The City Council hereby finds that the proposed annexation has not been precluded by a majority protest pursuant to Section 53339.6 of the Act.

Section 5. An election is hereby called for within the Proposed Annexation Area on the proposition of annexing the Proposed Annexation Area to Improvement Area 5 and the levying of the special tax for Improvement Area 5 in accordance with the Improvement Area 5 Rate and Method on the property within the Proposed Annexa tion. The proposition to be placed on the ballot is attached hereto as Exhibit A.

Section 6. The date of the foregoing election within the Proposed Improvement Area shall be October 18, 2022 , or such later date as is consented to by the City Clerk and the landowners within the Proposed Annexation Area. The City Clerk shall conduct the election.

Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Chino insofar as such provisions are determined by the City Clerk to be applicable.

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3 It is hereby found that there are not more than twelve registered voters within the Proposed Annexation Area, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Proposed Annexation Area.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 18th day of October 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

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4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th day of October 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A

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A-1

EXHIBIT A

SAMPLE BALLOT

SPECIAL TAX ELECTION

CITY OF CHINO

ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 7)

(October 18, 2022)
This ballot represents __ votes.

To vote, stamp a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.

PROPOSITION: Shall the territory described in Resolution No. 2022-051 of the City Council of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, and shall a special tax with a rate and method of apportionment as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003 -3 be levied in the Proposed Annexation Area to pay for the Services and ot her purposes described in the Resolution of Intention to Annex?

YES______
NO_______

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1 RESOLUTION NO. 2022-074

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO DECLARING ELECTION RESULTS FOR ANNEXATION
NO. 7 TO IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3
WHEREAS, the City Council (the “City Council”) of the City of Chino (the “City”) has heretofore conducted proceedings in accordance with Article 3.5 (commencing with Section 53339) of Chapt er 2.5 of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982” (the “Act”) for the annexation of approximately 25.29 acres of land within Assessor Parcel Nos. 1057-431-08-0000, 1057-431-09-0000, 1057 -441-05-0000, 1057 -431-01-0000 and 1057 -441-06-0000 to Improvement Area 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”), including conducting a public hearing on October 18, 2022 pursuant to Section 53339.5 of the Act; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for October 18, 2022 and submitting to the qualified electors of the territory to be annexed to Improvement Area 5 of the Community Facilities District the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot attached thereto as Exhibit A; and
WHEREAS, a Certificate of Election Results, dated October 18, 2022, executed by the City Clerk , has been filed with this City Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Ye s” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this City Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishe s by this resolution to declare the results of the special mailed-ballot election;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO:

Section 1. Recitals. This City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Ballot Measure. This City Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed (the “Annexed Territory”) to Improvement Area 5 has been passed and ap proved by those qualified electors in accordance with Sections 53328 and 53329 of the Act.

Section 3. Declaration of Results . All votes voted in the special election on the proposition of the annual levy of special taxes within the Annexed Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried.

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2 Section 4. Annexation. This City Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Act, the City Council is authorized to determine that the Annexed Territory has been added to and become a part of Improvement Area 5 of the Community Facilities District with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8 of the Act, to annually levy special taxes within the Annexed Territory to pay the costs of the services to be provided by the Community Facilities District as specified in Resolution No. 2022-051 adopted by the City Council on September 6, 2022 (the “Resolution of Intention to Annex”). The boundaries of the Annexed Territory are shown on the map entitled, “Annexation Map No. 7 Community Facilities District No. 2003-3 Improvement Area No. 7 of the City of Chino, County of San Bernardino, S tate of California,” a copy of which was recorded, on September 14, 2022 as Document No. 20 22-0313761, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the San Bernardino County Recorder.

Section 5. Notice of Special Tax Lien . Pursuant to Section 53339.8 of the Act and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the Community Facilities District reflecting the Annexed Territory.

Section 6. Effect. This resolution shall take effect from and after its adoption.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 18th day of October, 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

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3 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th day of October, 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A

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A-1

EXHIBIT A

SAMPLE BALLOT

SPECIAL TAX ELECTION

CITY OF CHINO

ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 7)

(October 18, 2022)
This ballot represents __ votes.

To vote, stamp a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.

PROPOSITION: Shall the territory described in Resolution No. 2022-051 of the City Council of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, and shall a special tax with a rate and method of apportionment as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003 -3 be levied in the Proposed Annexation Area to pay for the Services and other purposes described in the Resolution of Intention to Annex?

YES______
NO_______

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ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
ANNEXATION NO. 7

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Chino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above -entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the landowner of the land within the boundary of Improvement Area 5 of Community Facilities District No. 2003- 3 of the City of Chino in the Certificate Regarding Registered Voters and Landowners, dated October 18, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Homecoming V at the Preserve, LLC 12 12 12 0
Town Center at the Preserve, LLC 12 12 12 0
Town Center at the Preserve West, LLC 3 3 3 0

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on October 18, 2022.

Angela Robles
City Clerk
City of Chino
By:
(Attach completed copies of Waiver/Consent and Ballots)

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT FUNDS FROM THE STATE OF CALIFORNIA.

RECOMMENDATION
1) Adopt Resolution No. 2022-063, authorizing the submittal of a State Grant application for Permanent Local Housing Allocation (PLHA) Program; 2) Conduct a public hearing to approve the proposed five-year plan; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Upon State award the City will receive $1,496,190 in allocated funds requiring a new grant project budget and revenue amount of the same.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT FUNDS FROM

THE STATE OF CALIFORNIA
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BACKGROUND
The California Department of Housing and Community Development (HCD) has announced the release of 2022 Entitlement fundi ng for the Permanent Local Housing Allocation (PLHA) program pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). The grant is funded from monies deposited in the Building Trust fund in calendar year 2021 but also includes remaining un-awarded funds from calendar years 2019 and 2020. These funds are received by recording fees collected through real -estate transactions and are made available to aid in the efforts to increase affordable housing opportunities in California.

As an entitlement city, the City of Chino is eligible to apply for PLHA funds for the five -year period of 2019 -2023. The total allocation available is $1,496,190. These funds are to support statewide efforts to address gaps in affordable housing in local communities. Eligible pr ojects include the pre -development, development, acquisition, rehabilitation, and preservation of affordable multi-family, residential live -work or other rental housing including ADU’s, matching funds into local or regional trust funds, and assisting perso ns experiencing or at risk of homelessness, accessibility modifications in low -income housing, homeownership opportunities and fiscal incentives to build affordable housing.

Eligible jurisdictions must adopt a resolution to accept the funds and submit an a pplication to HCD to receive their allocations. Included in this submission is a PLHA Five -Year Plan that describes how the funds will be utilized to offset costs associated with housing efforts identified in the City’s 2021 -2029 Housing Element. Tonight’s public hearing fulfills requirements to receive public comment with a 10 -day notice and Plan review period which was posted in the Chino Champion from September 24 th-October 3 rd. No comments were received as of the posting of the agenda.

ISSUES/ANALYSIS
The proposed Five -Year PLHA Plan is consistent with the City’s goals for responsible long - range planning as well as programs identified in the City's 2021 -2029 Housing Element. The City's housing goals and policies include expanding the affordable housing stock through new construction and rehabilitation, and promoting various types of housing including transitional housing to address the needs of our unsheltered population.

The City’s first priority is to convert existing City owned property located at 132 86 Third Street through rehabilitation to provide a rental opportunity for a low -income family at or below 30% of the area medium income (AMI). This project is in process with an estimated rehabilitation start date of January 1, 2023. Upon award, previous year 2019 and 2020 PLHA funds will be sufficient to support this project. Subsequently, City staff will seek other viable property locations for future acquisitions to construct additional rental units in an effort to expand our rental housing portfolio. PLHA funds will supplement the costs associated with these efforts.

Our second identified priority consists of the acquisition of property for the construction, or the rehabilitation, of an existing property to provide for a transitional housing facility th at meets the needs of our unsheltered population. This facility in concept would provide transitional housing for up to 90 days for a minimum of 12 individuals annually. Simultaneously, these individuals would receive comprehensive case management services to address all circumstances of their homelessness. The goal of this holistic approach is to move the individuals into permanent housing. In alignment with City goals to promote financial security, future PLHA allocations will be utilized to offset the st affing, supportive case management, and operational costs of the

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SUBJECT: PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT FUNDS FROM

THE STATE OF CALIFORNIA
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transitional housing facility estimated at $418,000 per year.

Staff is excited about the opportunity for funding that will enable us to move forward with projects that support efforts in prov iding affordable housing and homelessness prevention services within our community. As a result, it is recommended the Council adopt Resolution No. 2022-063 and conduct the public hearing to receive any comments regarding the proposed PLHA Five-Year-Plan.

Attachments: Exhibit A: Resolution No. 2022-063
Exhibit B: Five-Year Plan

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RESOLUTION NO. 2022-063

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, AUTHORIZING THE APPLICATION AND ADOPTING THE

PERMANENT LOCAL HOUSING ALLOCATION ( PLHA) PLAN FOR THE PLHA PROGRAM.

WHEREAS, the below-recorded members of the City Council of the City of Chino, California, hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allo cation Program (PLHA) Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470, et seq. (Chapter 364, Statutes of 2017 (SB 2)).

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the PLHA Program.

WHEREAS, the City of Chino is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO does resolve, declare, determine, and order as follows:

1. If the City receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City may have with the Department.

2. The City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA -$1,496,190 in accordance with all applicable rules and laws.

3. The City hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, the City’s PLHA Plan for the 2019- 2023 Allocations is attached to this resolution, and the City hereby adopts this PLHA Plan and certifies compliance with all public notice, public c omment, and public hearing requirements in accordance with the Guidelines.

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RESOLUTION NO. 2022-063

5. Pursuant to the City ’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

6. The City certifies that, if funds are used for the acquisition, construction or rehabilitation of for -sale housing projects or units within for -sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

7. The City certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low- interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55years.

8. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

9. City Manager of the City of Chino is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to the City, as the Department may deem appropriate.

PASSED AND ADOPTED by the City Council of the City of Chino, California, at a regular meeting held on the 18th day of October 2022.

CITY OF CHINO:

EUNICE M. ULLOA, MAYOR

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Angela Robles, City Clerk of the City of Chino, California, do es hereby attest and certify that the foregoing Resolution is a true, full and correct copy of the Resolution duly adopted at a regular meeting of the City Council of the City of Chino, which was duly convened and held on the date stated thereon and that sai d document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

ANGELA ROBLES, CITY CLERK

12.15.a
PLHA Resolution and Five-Year Plan
Packet Pg. 713
RESOLUTION NO. 2022-063

CITY OF CHINO )
COUNTY OF SAN BERNARDINO ) §

STATE OF CALIFORNIA )

I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 18th day of October 2022 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK
Attachment: Applicant’s PLHA Plan for the 2019-2023 Allocations

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§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

This Plan is consistent with the following programs identified in the City's Housing Element which outline housing goals policies:
1) Policy 2.1: Expand the affordable housing stock through new construction and rehabilitation; and 2) Policy 3.9: City’s Zoning Provisions to promote various types of housing including transitional housing to address the needs of our homeless population. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Chino plans on utilizing its allocated PLHA funds for the following two activities: 1) construction and preservation of rental and ownership housing opportunities for low-income households; and 2) development and operations of a transitional housing facility. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City’s PLHA funds will focus on subsidizing housing for households at or below 30% to 50% of the AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) 2019 and 2020 funds will be utilized to fund 1) the rehabilitation of an existing City-owned property to convert into an affordable rental unit, as well as the acquisition of viable property for future propert conversion efforts to grow the City's affordable rental stock.

Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

PLHA Page 1 302(c)(4) Plan

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§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Funding Allocation Year 2019 2020 2021 2022 2023
4 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the Proposed
Affordable Rental Housing
Activity
100.0% 100.0% 0.0% 0.0% 0.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 50% 50%
0 0 0
TOTAL
550
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for years 2019,
2020, 2021 only
The project will include the following stages: 1. Rehabilitation design for rental property; 2. Publish an RFP for construction rehabilitation; and 3. Construction over a six-month period. 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 1 3 0 0 0
275 275
PLHA Page 2 302(c)(4) Plan

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The City's 2021 and 2022 PLHA formula allocations will support the development of a transitional housing facility to meet the needs of the City's growing homeless population. The 2023 allocation will fund the supportive case management at the transitional housing community facility.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of
Funds Allocated for the Proposed
Activity

0.00% 0.00% 100.00% 100.00% 100.00%
Funding Allocation Year 2019 2020 2021 2022 2023
Transition
al
Housing:

New
Constructi
on
Supportive
/Case
Managem
ent
Services
Supportive
/Case
Managem
ent
Services
TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
n/a n/a n/a n/a n/a 0
5% 5% 5%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
24§302(c)(4)(E)(ii) Projected
Number of Households Served
0 0 0 12 12
PLHA Page 3 302(c)(4) Plan

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The project will include the following stages: 1. Acquisition of transitional housing facility site; 2. Publish an RFP for development; and 3. Construction over a 12-month period. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA Page 4 302(c)(4) Plan

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Revenue: Expenditure: Various CDBG Programs

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PRORGRAM.

RECOMMENDATION
1) Adopt Resolution No. 2022 -066 approving a substantial amendment to the City of Chino's Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2022-2023; 2) reallocate $89,308.47 of unexpended prior year 350 funds to project PK183; 3) approve transfers in the amount of $460,289.47 of CDBG Funds from current projects (see detail below) to PK183; 4) approve the submission of the amendment to the United States Department of Housing and Urban Development (HUD); and 5) authorize the City Manager to execute all required documents pertaining to the submission.

FISCAL IMPACT
Requires the reallocation of $89,308.47 of unexpended 350 Fiscal Year 2021-2022 funds; the transfer of funds in the amount of $261,615.73 from G6230, transfer of funds in the amount of $178,673.74 from P F201 and transfer in the amount of $20,000 from 3508010 to the Monte Vista Park Project # PK183 for a new total project allocation of $862,289.94. Revenue account PK183 to be increased accordingly to same.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PRORGRAM
PAGE 2

BACKGROUND
The purpose of this proposed Substantial Amendment to the F iscal Year 2022-2023 City of Chino’s Annual Action Plan is to amend the current CDBG budget adopted June 6, 2022 to incorporate unexpended carryover funds and the reallocation of administrative funds in the total amount of $549,597.94. In an effort to support projects to promote a positive city image, this action will expedite the utilization of these funds in the Fiscal Year 2022-2023 to address the immediate needs of the Monte Vista Park Project (PK183).

Amendments are required when any proposed changes to current budget allocations are equal to or greater than an increase or decrease of 25%; or if a project will be added or cancelled. In compliance with the City’s approved Amended Citizen Participation Plan and the Consolidated Plan implementing regulation 24 CFR 91.105, the Substantial Amendment review period requires a public hearing to solicit comments from the public on the City’s intent to utilize CDBG funds. As such, staff provided a 30 -day public review period from September 19, 2022 through October 18, 2022 published in the Chino Champion.

This public hearin g fulfills HUD’s citizen participation requirements for the approval of a Substantial Amendment giving interested community members the opportunity to submit comments or concerns regarding the One -Year Action Plan. No comments were received.

Following fina l adoption, the Substantial Amendment to the One -Year Annual CDBG Action Plan for FY 2022-2023 will be submitted to HUD for review.

ISSUES/ANALYSIS
The CDBG Action Plan identifies the City’s use of CDBG funds. The proposed changes will aid in the completion of the right-of-way project at Monte Vista Park to meet Federal and State ADA requirements while also supporting responsible long -range planning. Project details will be presented in the Community Services Departments report # 4710 later this evening to award the corresponding project contract. This transfer of funds will also allow for the timely use of CDBG funds that accumulated in the last two fiscal years due to labor and material shortages for construction projects experienced nationwide.

In summary , the amendment consists of the allocation of unexpended funds, the transfer of funds between CIP projects, and the transfer of funds from Administration to CIP for a total project budget allocation of $862,289.94. The attached Exhibit 1 provides details r elated to these actions.

Attachments: Exhibit 1: CDBG 2022-2023 Action Plan Substantial Amendment Resolution No. 2022-066

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Exhibit 1:

CDBG 2022-2023 Action Plan-Substantial Amendment
The proposed amendment will reallocate funding within the City’s CDBG program to enable sufficient funding for the completion of the project as described below.

Monte Vista Park Project:

The proposed project is to upgrade the public right -of-way to meet State and Federal American with Disabilities Act (ADA) requirements per the Monte Vista Park 2018 Accessibility Survey Report. The public right -of-way improvement s will include replacing sidewalks, curb ramps, crosswalks, and pedestrian push button poles to meet current building and accessibility requirements. Sidewalk improvements include replacing the non-walkable surfaces, raised sidewalk panels, and correcting the non-accessible slopes, and widths. The existing curb ramps do not have the proper maneuvering space at the bottom and top of each ramp. In addition, there are existing obstructions in the sidewalks blocking pedestrian access, which requires removing barriers to provide accessible clearances.

To provide proper access to the park site, a new crosswalk will be installed on the south side of D Street connecting to Monte Vista Avenue. New pedestrian push button poles will be installed at all four curb ramps. The pedestrian push buttons will include both visual and audible warning devices. Additionally, bulb outs will be installed for traffic calming measures designed to slow vehicles down when approaching the intersection. The upgrades will remove barri ers, allowing accessibility access for patrons visiting and utilizing the many features Monte Vista Park has to offer.

This project will benefit 6,810 people living in the low and moderate census tracts 501, 503, 602, 604, and 605, as well as 2,238 of persons with limited abilities.

Proposed Project Budget Increase over 25% CDBG Allocation FY 2022-23 Monte Vista Park Project PK183 Original Budget Allocation $312,692.00 Proposed Action Plan Reallocation of Funds
FY 2022-23 Alley Rehabilitation Project G6230- (cancel and reallocate) $261,615.73 FY 2020-21 Old School House Museum Project PF201 (close and reallocate) $178,673.74 FY 2022-23 CDBG Administration (reallocate) $5,000.00 FY 2022 -23 IFHMB - Landlord/Tenant G8029 Administration (cancel and reallocate)
$15,000.00
FY 2021-22 Unexpended Carryover /Reallocation: Code Enforcement IDIS #706 ($45,474.04); Chino Neighborhood House IDIS #704 ($3.77); Family Counseling IDIS #700 ($9.26); IDIS #699 PW Graffiti Abatement ($11.45); FY 2021 -22 CDBG Administration ($43,790.14), and Home Improvement Grants IDIS #702 ($19.81)
$89,308.47
FY 2022-2023 Monte Vista Park Project PK183 New Allocation Total $549,597.94 FY 2022-23 Monte Vista Park Project PK183 Total Budget Allocation $862,289.94

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RESOLUTION NO. 2022-066

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY OF C HINO’S ANNUAL ACTION PLAN FOR FISCAL YEAR (FY) 2022-2023.

WHEREAS, the City Manager’s Office of the City of Chino is proposing a Substantial Amendment to the City of Chino’s Annual Action Plan and budget for FY 2022-2023;

WHEREAS, the proposed amendment will incorporate $ 549,597.94 of 21-22 prior year and reallocating 22-23 CDBG funds into the following existing project as follows:

Proposed Project Budget Increase over 25% CDBG Allocation FY 2019-20 Monte Vista Park Project PK183 Original Budget Allocation $312,692.00 Proposed Action Plan Reallocation of Funds
FY 2022-23 Alley Rehabilitation Project G6230- (cancel and reallocate) $261,615.73 FY 2020 -21 Old School House Museum Project PF201 (close and reallocate)
$178,673.74
FY 2022-23 CDBG Administration (reallocate) $5,000.00 FY 2022 -23 IFHMB - Landlord/Tenant G8029 Administration (cancel and reallocate)
$15,000.00
FY 2021 -22 Unexpended Carryover /Reallocation: Code Enforcement IDIS #706 ($45,474.04); Chino Neighborhood House IDIS #704 ($3.77); Family Counseling IDIS #700 ($9.26); IDIS #699 PW Graffiti Abatement ($11.45); FY 2021 -22 CDBG Administration ($43,790.14), and Home Improvement Grants IDIS #702 ($19.81)
$89,308.47
FY 2022-2023 Monte Vista Park Project PK183 New Allocation Total $549,597.94 FY 2022-23 Monte Vista Park Project PK183 Total Budget Allocation $862,289.94

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the City Council approves the proposed amendment to the City’s FY 2022- 2023 Annual budget described above by adopting this Resolution.

Section 2. That a certified copy of this resolution shall be filed in the offices of the City Manager, City Attorney, City Treasurer, and City Clerk.

Section 3. That the Mayor shall sign, and the City Clerk shall attest to the adoption of this resolution.

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RESOLUTION NO. 2022-066

PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2022.

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF CHINO )

I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Chino at their regular meeting on the 18th day of October 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this 18th day of October 2022.

Angela Robles
City Clerk

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Revenue: Expenditure: 3408300-48005-PK183, 3508030-48005-PK183, and 61020501-48005-IC205

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR

SUBJECT: AWARD OF CONTRACT AND ADDITIONAL APPROPRIATION - MONTE VISTA PARK PUBLIC RIGHT OF WAY PROJECT (PK183).

RECOMMENDATION
1) Award a construction contract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project (PK183); 2) authorize expenditures of up to $128,250 for project construction contingencies for a not -to-exceed contract amount of $1,4140,750; 3) appropriate $109,492.32 from the unappropriated reserves of the Park Fund with a year -end transfer from the General Fund reserves, for a r evised project amount of $1,916,288.42; and 4) authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $109, 492.32 from the Park Fund with a year end transfer the General Fund 100 reserves. The reallocation of the CDBG Funds will be taken to Council for their approval on October 18, 2022.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Commitment to Our Community
• Positive City Image
• Responsible Long-Range Planning
• Effective Technology

13.17 NEW BUSINESS
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: AWARD OF CONTRACT AND ADDITIONAL APPROPRIATION - MONTE VISTA PARK PUBLIC RIGHT OF WAY PROJECT (PK183)
PAGE 2

BACKGROUND
The Fiscal Year 2022 -23 Park Development Fund (PK183), Community Development Block Grant (CDBG) Fund, and Central Services Fund budget provides funding for the Monte Vista Park Public Right of Way Project. In November 2018, a n accessibility survey of the existing improvements at Monte Vista Park was performed. The intent was to identify existing elements that do not comply with the current state and federal Americans with Disabilities Act (ADA) requirements. One of the areas identified was the public right of way for the park site, which includes the intersection at Monte Vista Avenue and D Street.

The project scope of work will consist of removal and replacement of the existing sidewalk along the park frontage, a retaining w all, planting wall, fencing, landscaping, and irrigation. Also included are renovations to the existing intersection at Monte Vista Avenue and D Street, which include construction of new directional ramps, accessible pedestrian signals, push button poles, crosswalks, catch basins, storm drains, landscape, and accessibility improvements.

Additional work includes installation of fiber optics to connect internet services from Monte Vista Park to City Hall. Currently, the internet connection is inadequate an d inconsistent due to the wireless line of site causing the phones and computers to periodically shut down. The installation of fiber optics is vital to the Monte Vista Park recreation center function, which includes programs, classes, seasonal camps, and special events. Improvements will also improve connectivity to the park’s security cameras. In addition, staff elected to include the fiber optics connection to the Youth Museum as part of this project providing the same connectivity.

ISSUES/ANALYSIS
Staff prepared specifications for the project and a Notice Inviting Bids was published on Planetbids. On August 25, 2022, two (2) bids were accepted electronically with the following results:

Company Name Total Bid Amount

1 Los Angeles Engineering, Inc. $1,282,500.00

2 C.S. Legacy Construction, Inc. $1,460,486.00
The lowest bid was submitted by Los Angeles Engineering, Inc., Covina, CA in the amount of $1,282,500. Staff subsequently reviewed Los Angeles Engineering, Inc. contractor’s license s, bonds, references, and list of sub -contractors submitted for the project and determined them to be a responsive and responsible bidder. In addition, to the contract amount, staff is requesting authorization to spend up to $128,250 for project contingen cies for unanticipated work, bringing the total potential construction contract to $1,410,750.

On September 12, 2022, staff met with the Council Infrastructure Committee to discuss additional funding options for this project due to the bid amounts being higher than the projected budget. The Committee supports this project and the additional funding sources identified and described in the Fiscal Impact Statement and the funding summary below. These additional fund will allow this needed project to be completed.

13.17 NEW BUSINESS
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: AWARD OF CONTRACT AND ADDITIONAL APPROPRIATION - MONTE VISTA PARK PUBLIC RIGHT OF WAY PROJECT (PK183)
PAGE 3

Funding for the entire project is being provided through several funding sources, including the Park Fund, Community Development Block Grant (CDBG), Central Services Fund, and General Fund Reserves.

Additional funding will be needed to cover miscellaneous fees for the Notice Inviting Bids posted in the Chino Champion, reprographic services, unforeseen items outside of the project construction contract, and City Attorney fees to review the project contract or any potential change orders. There is project funding remaining in PK183 these additional costs.

Contract Cost Summary
Monte Vista Park Public Right of Way
Improvements Bid
$1,282,500
Project Contingencies $128,250.00
Total Contract Amount $1,410,750.00

Funding Summary
Park Funds Remaining - 340 $291,446.00
Community Development Block Grant
Funds-Carry Over - 350-PK183
$211,063.76
Central Services Funds - 610-IC205 $249,150.00
Reallocation of Community
Development Block Grant Funds - 350-
PK183
$549,597.94
Additional Appropriation from the Park
Fund/Gen Fund Backfill - 340-PK183
$109,492.30
Total Project Funding Summary $1,410,750.00

Staff recommends, Council award a construction contract to Los Angeles Engineering Inc., Covina, CA., in the amount of $1,282,500 and $128,250 fo r construction contingency costs.

This brings the total potential project construction cost to $1,410,750.

Attachment: Los Angeles Engineering Inc. - Agreement

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: REQUEST FOR RELIEF FROM THE PROVISI ONS OF TITLE 12 OF THE MUNICIPAL CODE - 4231 WALNUT AVENUE (PL20-0065).

RECOMMENDATION
1) Adopt Resolution No. 2022-067, approving a modification pursuant to Section 12.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct public improvements along their frontage.

FISCAL IMPACT
The public improvements on the south side of Walnut Avenue will be constructed by the City and will be included in the City’s Five-Year Capital Improvement Program (CIP). The cost for the project will be determined at the time of inclusion in the CIP.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES <https://ca- chino.civicplus.com/415/Strategic-Plan>:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Internal and External Partnerships

13.18 NEW BUSINESS
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: REQUEST FOR RELIEF FROM THE PROVISIONS OF TITLE 12 OF THE MUNICIPAL CODE - 4231 WALNUT AVENUE (PL20-0065)
PAGE 2

BACKGROUND
In 2005, the City annexed 13 parcels of land near the intersection of Walnut and Norton Avenues that constituted an "island" of unincorporated San Bernardino County. The annexation was a requirement placed on the City by the Local Agency Formation Commission (LAFCO) of San Bernardino County subsequent to annexation of The Preserve in 2003. During public meetings with residents of the area and the LAFCO hearing process, City representatives stated that the City would construct curb, gutter, roadway, sewer, and other public improvements at some point in the future. To date, only sewer improvements have been extended to the area.

Chapter 12.08 of the Municipal Code requires property owners to construct public improvements along the frontage of their property, where they do not currently exist, when they conduct any type of development a ctivity. This includes additions to single -family homes where the square footage is increased by more than five percent. Section 12.08.070 of the Code allows the City Council to modify these requirements where “unusual conditions or the provisions of this chapter would constitute an extreme hardship or would be impractical”, upon written request of the owner.

Brian Hoogeveen, owner of the property at 4231 Walnut Avenue, submitted plans to the City for construction of a custom design accessory structure. Be cause the property currently lacks public improvements along the frontage, the property owner is required to both dedicate 3 feet of property along the frontage for right -of-way and construct public improvements along the frontage per the Municipal Code. O n September 9, 2022 the City received a letter from Mr.

Hoogeveen requesting that the City Council exempt him from the Code requirement to construct public improvements pursuant to Section 12.08.070 of the Code. In 2019, the City Council granted an exemption to the property at 4235 Walnut for the same reasons.

ISSUES/ANALYSIS
The block of Walnut Avenue that the property fronts on currently does not have full public improvements. If the property owner were required to construct public improvements, they would only be partial, as the properties to the east and west of the site would remain unimproved. This could cause stormwater management issues if curb and gutter were not built along the entire block at one time. It would be best for all residents in the are a if these improvements were built fully at the same time. The City also lacks the full right -of-way along this segment of Walnut Avenue. Staff has reviewed the minutes from the LAFCO hearings on the annexation, where City staff stated that these improveme nts would be included in the City's CIP in the future. Additionally, the homeowner in his letter stated that the cost of constructing the public improvements would be an extreme financial hardship.

For these reasons, the homeowner contends that the constru ction of full public improvements would be impractical and requests relief from the requirement of the Code. The homeowner will still be required to dedicate the future right -of-way along the frontage of Walnut Avenue so that the full improvements can be constructed in the future by the City.

Attachments: Resolution No. 2022-067

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RESOLUTION NO. 2022-067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING A MODIFICATION PURSUANT TO SECTION

12.08.070 OF THE CHINO MUN ICIPAL CODE, EXEMPTING THE PROPERTY LOCATED AT 423 1 WALNUT AVENUE FROM THE REQUIREMENT TO

CONSTRUCT PUBLIC IMPROVEMENTS AND ACCEPT THE FUTURE RIGHT - OF-WAY DEDICATION ALONG THE PROPERTY FRONTAGE.

WHEREAS, the City annexed 13 parcels of land near the intersection of Walnut and Norton Avenues located in the unincorporated San Bernardino County in 2005; and WHEREAS, the annexation was a requirement placed on the City by the Local Agency Formation Commission (LAFCO) subsequent to annexation of The Preserve in 2003; WHEREAS, during the public meetings and the LAFCO hearing process, the City committed to the “future” construction of curb, gutter, roadway, sewer, and other public improvements required along the properties’ frontage; and WHEREAS, Chapter 12.08 of the Municipal Code requires property owners to construct public improvements along the fron tage of their property, where they do not currently exist, when they conduct any type of development activity; and WHEREAS, Section 12.08.070 of the Municipal Code allows the City Council to modify these requirements where “unusual conditions or the provis ions of this chapter would constitute an extreme hardship or would be impractical”, upon written request of the owner; and WHEREAS, the City received an application for construction of a custom design accessory structure for the property located at 423 1 Walnut Avenue (Property), which requires the owner (Property Owner) of the Property to dedicate 3-feet of property along the frontage for right-of-way purposes, and to also construct public improvements along the frontage per the Municipal Code 12.08; and
WHEREAS, on September 9, 2022, the City received a letter from the Property Owner requesting that the City Council grant an exemption from the Municipal Code requirement to construct public improvements pursuant to Section 12.08.070 of the Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF C HINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The minutes from the LAFCO hearings on the annexation confirm the City’s commitment to construct the required public improvements as part of the City’s Cap ital Improvement Program in the future.

Section 2. The cost of constructing the public improvements would be significant when compared to the cost of the accessory structure for the Property . For these reasons, the City Council finds that the construction of f ull public improvements would be i mpractical and hereby relieves the Property Owner from the requirement of Municipal Code 12.08 to construct same.

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Section 3. The Property Owner is nevertheless not relieved of the obligation to dedicate the future right-of-way along the frontage of the Property to the City, as described above, so that the full improvements can be constructed by the City in the future and the Property Owner shall execute appropriate documentation required by City to cause such dedication as a condition of the approval of the Property Owner’s application for the accessory structure at the Property.

Section 4. This Resolution shall become effective upon adoption.

APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER, 2022 .

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

State of California )
County of San Bernardino ) ss.

City of Chino )

I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 18th day of October 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK

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Revenue: Expenditure: 5307320-43580

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: MAINTENANCE OF SEWER LATERALS.

RECOMMENDATION
Approve the introduction of Ordinance No. 2022-017, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals, to be read by number and title only and waive further reading of the Ordinance.

FISCAL IMPACT
Adoption of the proposed ordinance will increase expenditure costs to the City by an estimated $50,000 annually. There are sufficient funds in the adopted Fiscal Year 2022-23 budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Responsible Long-Range Planning

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BACKGROUND
Sewer laterals span from the residences and/or industrial facilities into the public right -of-way, connecting to the City’s sewer mains. Maintaining, repairing, and, when necessary, replacing these lines has always been the responsi bility of the property owner; this responsibility is recognized industry wide. However, during the last few years, several property owners have questioned their responsibility in this area since some surrounding Cities (Ontario, Fontana, and Upland) maintain sewer laterals from the public right -of-way or public easement to the sewer main. The City provides approximately 20,963 sewer connections to the residents and businesses in the City and 224 miles of gravity sewer pipelines.

Currently, if a property own er believes their sewer lateral is damaged from a City tree root or any other reason, the owner is required to make the repair and then submit a claim to the City afterward. City tree roots are the most common reason for sewer lateral damage within the public right-of-way or public easement.

Adopting the proposed ordinance will shift responsibility onto the City for cleaning, repairing, maintaining, and replacing portions of sewer laterals that are in the public right -of-way or within a public easement. This is currently the responsibility of the owner of the property that connects to the sewer lateral. This shift of responsibility is likely to lead to increased sewer maintenance costs for the City. Over the past five years, there has been an annual average of 3.2 sewer lateral repairs in the street and 3.5 behind the curb (city tree root damage). The total average cost per year for repairs over the last five years that were paid out in claims to the City is approximately $25,000. Staff estimates the cost to the City, if the proposed ordinance is amended, will be approximately $50,000 per year. This estimate is based on the previous five years along with future anticipated maintenance and repairs; however, the true average costs would not be known for several years.

The City is responsible for addressing sewer overflows that occur in the public right -of-way regardless of the proposed ordinance change. Staff reviewed the Chino Municipal Code sewer lateral maintenance and repair ordinance at Section 13.12.150 and determined the need to differentiate the responsibilities of the City and property owner.

ISSUES/ANALYSIS
The proposed ordinance shifts responsibility onto the City for cleaning, repairing, maintaining, and replacing portions of sewer laterals that are i n the public right -of-way or within a public easement. The property owner will only be responsible for the portion of the sewer lateral from their residence and/or industrial facility to the property line.

Property owners could now report sewer lateral is sues within the public right -of-way or public easement to the City for investigation or repair. Property owners will retain the ability to file a claim for damages to their portion of the sewer lateral. This change will relieve the financial burden to the property owners for sewer lateral repairs that occur in the right -of-way, under the sidewalk, and under the street.

This will give City staff more oversight over repairs that require cutting the street, sidewalk, and any repair work at the sewer mains. Th e additional responsibility for maintenance and repairs will be accomplished through a combination of City staff and contracted staff. On October 4, 2022, the City Council awarded a contract to Raftelis Financial Consultants, Inc. to conduct a comprehensive rate study that includes an analysis of cost associated with sewer lateral repairs.

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The results of the rate study and proposed adjustments to the sewer rates will be presented at a future City Council meeting.

Attachment: Ordinance No. 2022-017

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ORDINANCE NO. 2022-017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE

MUNICIPAL CODE REG ARDING MAINTENANCE OF SEWER

LATERALS

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Section 13.12.150 (Maintenance—Sewer Laterals) is hereby revised as follows (additions in bold underline):

The owner of each parcel of land that is served by a sewer lateral shall be responsible for the cleaning, repair, maintenance, and replacement of that sewer lateral, except for the portion of the lateral located within the public right-of- way or within a public easement , which shall be the responsibility of the City.

Section 2. Severability. If any sec tion, subsection, sentence , clause, phrase , or portion of this Ordinance, or the applica tion thereof to a ny person or circ umstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provis ion or appl ication, an d to t his end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordina nce and each section, subsection, sentence, clause, phrase, part or po rtion thereof, i rrespective of t he fac t that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 3. Effective Date. This Ordinance shall be in ful l force a nd effect thirty (30) days after its second reading and adoption.

Section 4. Certification. The City Cl erk of the City of Chino shall cert ify to the passage and adoption of this Ordinance and shall cause the sa me to be published in the Chino Champion, a new spaper of general circula tion, w ithin said City in accordance with the provisions of the Government Code.

ADOPTED THIS 1ST DAY OF NOVEMBER 2022.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

ANGELA ROBLES, CITY CLERK

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Angela Robles, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting he ld on the 1st day of November 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

ANGELA ROBLES, CITY CLERK

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Revenue: Expenditure:

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M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER

SUBJECT: CITYWIDE LEGISLATIVE POLICY.

RECOMMENDATION
Adopt Resolution No. 2022-071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee and it associated tasks, purpose, and procedures.

FISCAL IMPACT
There is no direct fiscal impact associated with this action.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

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BACKGROUND
On September 20, 2022, the City Council held a workshop to discuss changes to the Citywide Legislative Policy. The discussion generally centered on protocols and how the City can be more proactive while also facilitating further City Council review.

Three options were created and presented to the City Council as potential alternatives. The options were built off surrounding agencies that included Chino Hills, Ontario, Pasadena, Burbank, Riverside, Murrieta, Newport Beach, and Huntington Beach. Collectively, the agencies created a spectrum in how they reviewed and acted upon proposed leg islation. In considering the agencies’ practices, the following options were considered/discussed:

Option One:

The City Council could adopt the Citywide Legislative policy to serve as a framework for staff to identify consequential pieces of legislation. After identifying those pieces of legislation, City staff can bring those matters to the City Council at a regular meeting for discussion and direction on how to proceed.

Option Two:

The City Council adopts the Citywide legislative policy to serve as a fra mework and then establishes a standing legislative advocacy committee with recurring meeting times and published agendas. This committee could be tasked to formulate and deliver official City positions. The committee could forward a decision to the City Co uncil if it is deemed necessary by the committee. Likewise, periodic updates (e.g., quarterly) on the committee’s efforts may be delivered to the entire City Council during its regular City Council meetings.

Option Three:

The City Council adopts the Cityw ide legislative policy to serve as a framework and adopts a process where a standing committee is created to formulate official stances on proposed legislation for City Council consideration.

ISSUES/ANALYSIS
After discussing the above options, the City Co uncil directed a hybrid model that combines Option Nos. One and Two. To integrate both models, the proposed revisions create a new City Council subcommittee entitled the Legislative Policy Committee (“LPC”). The LPC will consist of two City Council members . The Council Members will be appointed and identified when committee assignments are determined and approved (typically in January). The respective Council Members will serve on the LPC up until that time when the committee assignment list is modified and approved.

Given that the LPC has continuing subject matter jurisdiction, the committee will be a Brown Act body with published agendas and meetings held in a publicly accessible facility (e.g., the City Council Chambers). The meetings will be held on a “ as needed basis,” and staff intends to provide consultant (e.g., legislative advocates) presentations/updates and recommendations on positions that the City may want to communicate on proposed legislation.

The LPC may approve these recommendations to the City Council or direct staff as deemed necessary. Should there be any issue of timeliness resulting from late legislative amendments,

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the proposed policy authorizes the LPC to approve official positions with the qualification that the official stance aligns with the adopted legislative policy.

Attachments: Resolution No. 2022-071
Revised Citywide Legislative Policy

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RESOLUTION NO. 2022-071

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, APPROVING A REVISED CITYWIDE
LEGISLATIVE POLICY.

WHEREAS, the City of Chino is a growing and dynamic community that requires the support of, and coordination with, the State of California and other regional public agencies; and

WHEREAS, the City of Chino has consistently provided input and worked with partners like the League of California Cities to offer a collective and unified response to proposed legislation and/or regulations; and

WHEREAS, the City of Chino has expressed concerns with the growing trend of legislation that demonstrates an intent and pattern of limiting local control in municipal governance and administration; and

WHEREAS, given the legislative process’ fluidity, the City Council has found it imperative to establish protocols that facilitate a proactive approach to the City’s legislative re view and communication process to achieve concessions beneficial to the Chino community.

NOW, THEREFORE, the City Council of the City of Chino resolves as follows:

SECTION 1: That the recitals detailed above are true and correct.

SECTION 2: That the City of Chino adopts the revised Citywide Legislative Policy attached hereto as Exhibit A.

SECTION 3: That by way of this resolution and Citywide Legislative Policy, the City Council formerly establishes the Legislative Policy Committee to review, provide direction, and engage on proposed legislation and other related matters.

SECTION 4: That if any section, subsection, sentence, clause, phrase, or portion of this resolution is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this resolution. The City Council declares that it would have enacted this resolution and each section, subsection, sentence, clause, or phrase hereof irrespective of any determination of invalidity.

SECTION 5: That this resolution revises and supersedes Resolution No. 2022-13 that adopted the previous Citywide Legislative Policy.

SECTION 6: That this resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

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APPROVED AND ADOPTED OCTOBER 18, 2022.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

ANGELA ROBLES, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 18th Day of October 2022 by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK

Attachments: Exhibits A – Citywide Legislative Policy.

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Administrative Policy
Citywide Legislative Platform and Policyolicy

I. Purpose Statement

To address legislative and regulatory concerns in a timely manner, this Citywide Legislative Policy details guiding principles that are organized around respective legislative, policy, and regulatory matters. Th is Citywide Legislative Policy intends to supplement the Citywide Strategic Plan while building an effective and flexible legislative advocacy strategy.

II. Guiding Principles

The Citywide Legislative Policy’s Guiding Principles are fundamental, overarching concepts that can be applied to respective legislative and/or regulatory matters. While legislative or regulatory proposals can range in breadth and complexity, these guiding principles will help narrow the City’s focus to those matters that are the most consequential to the City of Chino.

The Citywide Legislative Policy Guiding Principles include:

• Preserve Local Control: Ensuring that proposed legislation supports or expand s the decision-making authority of the local agency to provide public services to its community.

Preserving local control recognizes that Chino residents, through their democratic expression, have put in place elected officials best suited to make decisions that impact the immediate community. This also recognizes that imposing State mandates without appropriate reimbursement (commonly referred to as unfunded mandates) unnecessarily encumbers City resources which places an unreasonable burden on local agenci es to best serve their community.

• Protect and Expand Local Funding and Public Finance: The City will support measures that add to funding sources (e.g., grants or other funding programs). Likewise, the City will support legislation that protects existing funding sources, revenue bases, and local control over the municipal budgeting process. Conversely, the City will oppose efforts to shift local funds to State or County governments. The City will also support legislation, that through transparent tax structures and revenue allocations, seeks to secure a level of predictability in annual tax yields.

• Enhance Quality of Life: The City will support legislation that advocates for the safety, well-being, and security of its residents, businesses, and visitors. This includes legislation that assists the City and its local partners to help families with childcare needs or by providing robust after school programs; this also includes assisting those struggling with mental health and/or those experiencing homelessness. Finally, the City will support legislation that promotes public safety operations.

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III. Legislative, Regulatory, and Policy Areas:

The following are specific legislative and policy areas concerning the City of Chino. By identifying these issues, it is this policy’s intent to narrow the City’s focus on specific matters within the scope of the City’s Guiding Principles. These matters are not in ranked order. Rather, this list simply identifies matters of that are consequential to the City of Chino.

A. ONTARIO INTERNATIONAL AIRPORT (OIA ): As a neighbor to the OIA, the City of Chino certainly has a clear interest in fostering a collaborative relationship with the Federal Aviation Administration, the City of Ontario, and the Ontario International Airport Authority. Therefore, the City will:

i. Support efforts that consider the quality of life for communities adjacent to OIA.

This includes promoting environmentally safe aviation techniques that not only lessen OIA’s carbon footprint but also lessen the noise pollution generated from OIA activity.
ii. Support efforts to utilize other airports within the Greater Los Angeles area that can accommodate increased activity.
iii. Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts that are associated with air traffic overflights. iv. Support legislation that seeks to promote local control with airport administration and oppose efforts to regionalize aviation oversight as to minimize adjacent community concerns and influences.

B. FEDERAL LEGISLATION: The City of Chino partners with federal agencies and utilizes federal programs to deliver public services or improve undeveloped land. Therefore, the City will:

i. Support legislation that promotes flexibility to utilize funds that best meet local needs.
ii. Will work with federal agencies to develop sustainable land use and infrastructure plans in the southern part of Chino adjacent to the Pardo Basin and Santa Ana River.
iii. Will engage our local representatives to leverage federal funding for backbone infrastructure projects and social services.

C. HOUSING AND LAND USE REGULATIONS : By representing Chino residents, it is understood that Chino elected officials are best suited to make policy decisions surrounding local land uses. T hus, the City of Chino will support legislation that strengthens local control over land use decisions. Therefore, the City will:

i. Oppose any development agreement located in the City’s sphere of influence that does not align with City standards or General Plan.
ii. Support legislation that simplifies and streamlines Housing Element requirements.

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iii. Support measures that provide funding to help cities address affordable housing concerns.
iv. Support efforts that increase City input when Regional Housing Needs Assessments are analyzed and developed.
v. Support any measure or legislation that seeks to preserve or build the City’s local control over planning and zoning matters.

D. FISCAL RESPONSIBILITY AND STABILITY: Chino is a dynamic and growing community that requires and expects robust public services. This means the City will adamantly protect its revenue sources while simultaneously taking prudent measures to control operational costs. Therefore, the City will:

i. Support legislation or proposals that provide greater financial independence from the State by affording the City greater latitude to generate and control its own source revenue.
ii. Oppose any legislation that would constitute as an unfunded mandate. iii. Oppose any legislation that would unfairly redistribute general purpose tax revenue (e.g., sales tax revenue yields from online purchases). iv. Oppose legislation that would limit discretion with locally imposed taxes. v. Oppose any legislation that would remove or limit tax exemptions from municipal bonds.
vi. Support any legislation that helps build predictability in local government tax revenues, and likewise, oppose any legislation that reduces or eliminates local revenue sources.

E. EMPLOYEE RELATION S AND PENSION ADMINISTRATION : The City of Chino continues to employ best practices in the field of personnel management, and desires to see that State legislation will support our efforts. Therefore, the City will:

i. Support legislation that allows the City to more independently engage in employee relations and collective bargaining.
ii. Support legislation that fairly distributes financial obligations to fund pensions and other post-employment benefits between the City of Chino and its retirees. iii. Oppose legislation that undermines the relationship and understandings among the City of Chino, City of Chino employees, and the California Public Employee Retirement System (e.g., California Senate Bill 266, 2019-2020 Regular Session). iv. Oppose legislation that seeks to impose additional financial burdens on public agencies with its pension administration, employee relations, and/or collective bargaining practices.

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F. PUBLIC SAFETY AND COMMUNITY SERVICES: The City of Chino prides itself with providing excellent and robust pu blic safety, health, and recreation services . The City of Chino Police Department , Community Services Department, and Chino Valley Independent Fire District are staples in our community, and the City will support legislation that promotes their respective efforts. Therefore, the City will:

i. Support legislation that provides funding so that local agencies and their community partners are better equipped to support those experiencing mental health crises, homelessness, food insecurity, addiction, etc. ii. Support funding programs that help local agencies continue to improve, modernize, and make more accessible their local parks.
iii. Support legislation that yields greater latitude for local agencies to use asset forfeiture funds in a manner most effective for their respective communities. iv. Support legislation that assists and provides funding for local law enforcement efforts, fire suppression/prevention, hazardous materials mitigation, and disaster preparedness.
v. Support legislation that allows the City to better recoup the funds utilized when responding to a Citywide disaster/emergency.
vi. Support legislation that funds programs aimed at protecting youth from tobacco, alcohol, and drug use. This includes after school programs that offer positive activities for participants.
vii. Support legislation that strengthens law enforcement’s ability to enforce legal protections for all individuals that are victims of a crime. viii. Support legislation that helps law enforcement assuage the criminal and fiscal impacts of “early release” programs.
ix. Support legislation that funds and promotes interagency coordination.

G. LOCAL AND REGIONAL INFRASTRUCTURE: The City of Chino is a growing community that serves as a major residential and commercial area in both the Inland Empire and the Greater Los Angeles region. Given the consistent use and economic implications of Chino’s local and regional infrastructure, the City will continuously seek for opportunities that support infrastructure maintenance and construction. Therefore, the City will:

i. Support legislation that creates the framework for effective and beneficial collaboration with regional and neighboring agencies.
ii. Support legislation that provides funding and/or recognizes the importance of regional and local infrastructure within the San Bernardino, Los Angeles, Riverside, and Orange County areas.
iii. Support legislation that recognizes changing market trends and incorporates opportunities to facilitate these changing economic conditions.

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iv. Support legislation that promotes equitable fiscal liability and maintenance for regional infrastructure facilities.

H. ADMINISTRATIVE SERVICES: The City of Chino’s Administration Department serves as an intersection for all departments. The Administration Department facilitates the efforts of all departments while ensuring compliance with electoral and transparency laws. Therefore, the City will:

i. Support legislation that promotes modern, effective, and financially prudent means to meet legal noticing requirements for public meetings. ii. Support legislation that simplifies FPPC regulations and filing requirements. iii. Support legislation that cuts any unnecessary costs for municipal elections. iv. Oppose any legislation that would require additional costs without adequate reimbursement.
v. Support legislation that would assist cities in identifying, mitigating, and coming to a resolution on clear and unequivocal abuses of the California Public Records Act.

IV. Policy Changes and Amendments:

This policy may be changed with City Council approval by way of an adopted City Council Resolution.

IV. Legislative Policy Committee Membership:

Each year when City Council committee assignme nts are established, the City Council committee assignment list shall also include the Legislative Policy Committee. Two sitting City Council members shall serve on the Legislative Policy Committee. The term of the committee assignment will continue up unt il th at time when t he City Council committee assignment list is reviewed, modified, and approved by the City Council.

City staff support of this committee shall be determined and assigned by the City Manager.

V. Functions and Tasks of the Legislative Policy Committee:

• The Legislative Policy Committee (“Committee”) shall meet as needed. • All Committee meetings shall be publicly agenized and held in publicly accessible facilities pursuant to the Ralph M. Brown Act.
• The Committee shall have a subpage to the Chino City Council webpage. The Committee subpage shall detail the Committee’s membership, purpose, and information on how to access agenda related materials.

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• The Committee will review all proposed legislation that could potentially impact the City of Chino and recommend official positions to the City Council. • The Committee members will meet with State and Federal elected officials or members of their office on the legislation impacting the City. • The Committee will formulate and/or approve official City responses or communications to proposed legislation impacting the City and forward those responses or communications to the City Council for approval. • All signed letters or other formal means of expression will be uploaded on the Committee’s subpage.
• The Committee will instruct and work with City staff and its consultants on matters relating to legislation.
• For those legislative items that have been amended late in the legislative session so as to impact the City and create an issue of timeliness for an official response, the City Council authorizes the Committee to formulate and approve official City responses with the qualification that the Committee deems the position to be in accordance with the City’s legislative platform.
• The Committee will report to the City Council on any updates, recommendations, or actions taken by the Committee at the next regularly scheduled City Council meeting following the most recent Committee meeting.

VI. Signature Authority:

All Consistent with this Citywide Legislative Policy , signed letters or any other formal expressions of support or opposition to proposed legislation, regulations, or policies as directed by the Committee or the City Council may be signed by the Mayor on behalf of the City of Chino. Given the legislative process’ fluidity and in the interest of time, should the Mayor be unable or present to sign on behalf of the City, then the City Council hereby designates the the Committee members to sign on behalf of the City.City Manager to sign on behalf of the City.

VII.IV. Policy Changes and Amendments:

This policy may be changed with City Council approval by way of an adopted City Council Resolution.

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13.20.b
Adopt Resolution No. 2022-071, revising the Citywide
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Administrative Policy
Citywide Legislative Platform and Policyolicy

VI. Public Review of Official City Positions:

Letters or other formal means of expression will be uploaded on the City’s website as a subpage to the Chino City Council webpage. Additionally, all letters or other formal means of expression will be provided to the City Council and public as an “Information” item in the next regularly scheduled agenda packet . Later in the legislative session (generally in September), City staff will present a “Legislative Scorecard” in the City Council Agenda Packet as an “Information” item that will summarize the City’s position on legislative or regulatory matters, its status, and how Chino’s elected representatives of the California State Assembly and State Senate have voted on those issues (if applicable). Given the number of bills introduced in the California State Assembly and/or California State Senate, the number of bills where the City will take a formal position should be limited to those matters of greatest consequence or concern to the City of Chino.

13.20.b
Adopt Resolution No. 2022-071, revising the Citywide
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Revenue: Expenditure: 3227190-48005-MS202, 3207100-48005-MS202, 3207100-48005-ST223

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACT - MS202 & ST223 - ADA IMPROVEMENTS AND MADISON STREET GAP CLOSURE.

RECOMMENDATION
1) Award a construction contract in the amount of $297,008 to EBS General Engineering, Inc., Corona, CA, for Project No. MS202 & ST223 ADA Improvements at Olive Place and Walnut and Madison at Kellogg Avenue Street Gap Closure; 2) authorize a construction contract contingency of $29,700 for a potential not-to-exceed contract amount of $326,708; 3) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical services in the amount of $13,150, plus contingency for a total amount not-to-exceed $14,465; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the FY2022-23 Five-Year Capital Improvement Program.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: AWARD OF CONTRACT - MS202 & ST223 - ADA IMPROVEMENTS AND

MADISON STREET GAP CLOSURE
PAGE 2

BACKGROUND
Project Nos. MS202 and ST223 - ADA Improvements (Olive Place at Walnut Avenue) and Madison Street Gap Closure (Madison Street at Kellogg Aven ue) is part of the Fiscal Year 2022-23 Capital Improvement Program Budget. Both projects include the installation of directional curb ramps at each intersection. Project ST223 also includes installation of a new sidewalk, which will allow a safe continuous path along Madison Street.

ISSUES/ANALYSIS
On July 21, 2022, staff published a formal Notice Inviting Bids (IFB 20227027) via the City’s PlanetBids website and locally on July 23, 2022 and July 30, 2022, for Project MS202/ST223 - ADA Grievance and Madison Street Gap Closure. On August 16, 2022 at 10:00 a.m., five (5) bids were received and opened with the following results:

Company Name City Bid Amount
EBS General Engineering Corona, CA $297,008.00
CT&T Concrete Paving Inc. Diamond Bar, CA $304,620.00
Garcon Construction Ontario, CA $320,551.49
Spec Construction Co Inc. Ontario, CA $356,014.30
Aneen Construction, Inc. Riverside, CA $378,425.70

The low bidder, EBS General Engineering, Corona, CA is properly licensed and deemed to be the lowest, responsive, responsible bidder, with a base bid in the amount of $297,008 In addition to construction services for the project, staff also identified a need for geotechnical professional services. These services will be monitored and tracked separately but are included in the same report for convenience and cost effectiveness. In August 2022, staff published and solicited informal proposals via a Request for Proposals for Geotechnical Professional Services.

Two (2) proposals were received and opened with the following results:

RANK MS202 - OLIVE ST223 - MADISON TOTAL
1 GeoMat $5,700.00 $7,450.00 $13,150.00
2 Leighton $ 9,642.00 $10,344.00 $19,986.00

Staff reviewed and evaluated all received proposals and determined that GeoMat’s proposal was the most responsive and responsible proposal received. GeoMat’s offering was the lowest cost submission amongst proposals which included appropriate working days/hours and other elements outlined in the solicitation.

The estimated project costs are itemized below:

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: AWARD OF CONTRACT - MS202 & ST223 - ADA IMPROVEMENTS AND

MADISON STREET GAP CLOSURE
PAGE 3

Project Task Budget Amount
Construction $297,008.00
Contingency (10%) $29,700.00
Inspection (5%) $14,850.00
Construction Management (10%) $29,700.00
Geotechnical Services (+ 10% contingency) $14,465.00
EST. PROJECT COST TOTAL $385,723.00

Staff recommends, Council award a construction contract to EBS General Engineering, in the amount of $297,008 and $29,700 for construction management costs, $14,850 for inspection costs, $29,700 for construction contingency costs. In addition, staff recommends the approval of a Professional Services Agreement to Geomat of Riverisde, Ca., for geotechnical services, in the amount of $13,150, plus contingency for a not-to-exceed amount of $14,465. This brings the total potential project construction cost to $385,723.

Attachments: Contract - EBS General Engineering, Inc.

Professional Service Agreement - GeoMat

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Contract No.:

Approved:

Kellogg Avenue and Madison Street Gap Closure
Curb Ramps and Sidewalk Improvements
Project No.: ST – 223
and
Olive Place and Walnut Avenue Curb Ramp
Project No.: MS – 202

AGREEMENT

THIS AGREEMENT is made and entered into this 20TH day of September, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and EBS General Engineering, Inc. hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Kellogg Avenue and Madison Street Gap Closure Curb Ramp and Sidewalk Improvements – Project No.: ST – 223 and Olive Place and Walnut Avenue Curb Ramps – Project No.: MS – 202 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Two Hundred Ninety-Seven Thousand Eight Dollars and Zero Cents ($297,008.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within fifty five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within thirty (30) working days. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical

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Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provi sion of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

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

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works

EBS GENERAL ENGINEERING, INC.

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Angela Robles, City Clerk

Date

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12,500 12,500
13,500 13,500
1500 1500
1000 1000
7 14,070
15 21,000
7 16,100
19 13,300

10.60 31,270

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8 17,600
610 6100
720 2880
1500 1500
31 9610
936 936
12,500 12,500
13,500 13,500
1500 1500
1000 1000
7 17,500

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66 132
4895 14,685
6545 6545

11.50 9775
22 9020
990 990
750 750

8.50 13,260
31 10,695
31 4185
16 704
73 4672
110 4950

8.50 1275

13.21.b
Award of Contract - MS202 & ST223 - ADA Improvements
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235.20 235.20
480 480
5788.80 5788.80
297,008.00
Two hundred ninety seven thousand, eight
dollars and zero cents

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CL Surveying & Mapping
400 East Rincon Street, Corona CA
909-484-4200
LS 8231
Survey
Nicole Batts <[email protected]>
10,900
1000007166

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Project No.: MS – 202/ST – 221 C-15
STATEMENT BY BIDDER: QUALIFICATION AND EXPERIENCE STATEMENT The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar
in magnitude and character to that contemplated under Project No. ST - 223 and MS - 202 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name
of individual to contact.

S
ubcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater shall provide a similar outline. Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Chino.

1. Owner's Name:

Contact Person: Phone:

Address of Owner:

Project Description:

Amount of Contract: Completion Date:

2. Owner's Name:

Contact Person: Phone:

Address of Owner:

Project Description:

Amount of Contract: Completion Date:

3. Owner's Name:

Contact Person: Phone:

Address of Owner:

Project Description:

Amount of Contract: Completion Date:

City of Chino Hills - RJ Noble Company
Ryan Overman
714-637-1550
15505 E Lincoln Ave., Orange, CA 92865
City of Chino Hills - Chino Avenue Pavement Rehabiliation Project $2,000.00
July 2021
City of Chino - Sully Miller Contracting Co.

Gary Downey
714-720-6871
135 S. State College Blvd., Suite 400, Brea, CA 92821
City of Chino - FY 2018-19 Street Rehabilitation and TSM – Riverside Drive $56,500.00
June 2021
City of Chino Hills - Onyx Paving Company, Inc.

Corey Kirschner
(714) 632-6699
2890 E La Cresta Ave., Anaheim, CA 92806
City of Chino Hills - Shady View Dr Pave Rehab
$7,600.00
April 2020
SUBCONTRACTOR: CL SURVEYING & MAPPING 13.21.b
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2 YEAR REFERENCES – PUBLIC WORKS

1. Project Name________________________________________ 2018‐2019 SB‐1 Maintenance & Traffic Improvements
Owner
______________________________________________
City of Riverside
P r i n c i p a l   C o n t a c t      P h o n e
Steve Howard, Construction Project Manager  (951) 826‐5708 Price of Contract  Dates ____________________________
$5,238,400    8/2019 – 4/2021
Type of Work_________________________________________
Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjusting

2. Project Name________________________________________ Omnibus Concrete Repair
Owner_____________________________________________
City of Santa Ana
P r i n c i p a l   C o n t a c t      P h o n e
Michael Ortiz, Construction Project Manager  (714) 647‐5624 Price of Contract  Dates ____________________________
$1,357,230.06    6/2020 – 3/2021
Type of Work_________________________________________
Minor PCC – Ramps, Sidewalk, Curb & Gutter, Driveways

3. Project Name________________________________________ Gas Tax Local Street Improvements & Flower Street Sewer Manhole Improvements Owner
______________________________________________
City of Santa Ana
P r i n c i p a l   C o n t a c t      P h o n e
Michael Ortiz, Construction Project Manager  (714) 647‐5624 Price of Contract  Dates ____________________________
$2,546,154    1/2020 – 5/2021
Type of Work_________________________________________
Street Maintenance: ARHM Asphalt, Coldmill, Minor PCC (V‐Gutter , Sidewalk, Driveway Approach, Ramp, Curb & Gutter), Utility Adjusting

4. Project Name________________________________________ Residential Street Repair Program & Alley Improvement
Owner
______________________________________________
City of Santa Ana
P
r i n c i p a l   C o n t a c t      P h o n e _ _ _
Michael Ortiz, Construction Project Manager  (714) 647‐5624

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2 YEAR REFERENCES – PUBLIC WORKS
Price of Contract  Dates ____________________________
$874,300    6/2019 – 6/2020
Type of Work_________________________________________
Minor PCC – Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter

5. Project Name________________________________________ 125 W. Center Street Promenade Exit Closure & Panel Replacement Owner______________________________________________
City of Anaheim
P
r i n c i p a l   C o n t a c t      P h o n e _ _ _
Joel Jordan, Construction Project Manager  (714) 765‐5052 Price of Contract  Dates ____________________________
$329,174.46    1/2020 – 3/2021
Type of Work_________________________________________
Minor PCC – Curb, Curb & Gutter, Driveway, Cross‐Gutter, PCC Pavement; Handrail, Domes

6. Project Name________________________________________ Norton Simon Museum Lot Resurfacing
Owner______________________________________________
City of Pasadena
P r i n c i p a l   C o n t a c t      P h o n e
Francisco Lujan, Construction Project Manager    (626) 744‐3703 Price of Contract  Dates ____________________________
$352,723.00    9/2020 – 11/2020
Type of Work_________________________________________
Minor PCC – Curb; AC Pavement, AC Header Board, CAB/CMB

7. Project Name________________________________________ Wild Canyon Block Wall Project
Owner
______________________________________________
City of Colton
P r i n c i p a l   C o n t a c t      P h o n e
J e s s   S o t o ,   P . E .         ( 909) 370‐5551
Price of Contract  Dates ____________________________
$54,936.00     9/2021 ‐ 10/2021
Type of Work_________________________________________
Block Wall, Perforated Drain, Sidewalk Under Drain

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2 YEAR REFERENCES – PUBLIC WORKS

8. Projec
t Name________________________________________
Mid‐Block Crosswalk Installation Project
Owner
______________________________________________
City of Redlands
P
r i n c i p a l   C o n t a c t      P h o n e
Kyle Wagner, Construction Project Manager  (909) 253‐8698 Price of Contract  Dates ____________________________
$103,499.01    8/2021 – 10/2021
Type of Work_________________________________________
Minor PCC – Ramps, Sidewalk

9. Project Name________________________________________ Easton Street Sidewalk Improvement Project
Owner
______________________________________________
City of Rialto
P
r i n c i p a l   C o n t a c t      P h o n e
Terry Renner, P.E     ( 951) 680‐0440
Price of Contract  Dates ____________________________
$688,719.43    8/2021 – 3/2022
Type of Work_________________________________________
Minor PCC – Sidewalk, Residential Driveways, Ramps, Cross‐Gutter, Curb & Gutter, Retaining Wall, PCC Swale, Pilaster with Mortar Cap

10. Project Name________________________________________ ADA Improvements at Pacific Blvd & Vernon Ave
Owner______________________________________________
City of Vernon
P r i n c i p a l   C o n t a c t      P h o n e
Margarita Beltran, Associate Engineer    (323) 974‐1735 Price of Contract  Dates ____________________________
$108,610.15    1/2022 – 2/2022
Type of Work_________________________________________
Minor PCC – Sidewalk, Ramps, Curb & Gutter, Asphalt Paving

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Project Name/No.: Geotechnical Services Contract No.: ______________ Project MS202 and ST223
Project Manager: Public Works/ M. Fraser Approved: ______________

01225.0001/458762.1 1 (Short Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
GEOMAT, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 18th day of October, 2022 (“Effective Date”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and GeoMat Inc. , R iverside, CA (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services . In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law . All work and services rendered hereunder shall be provided in accordanc e with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law . If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreemen t is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site not ices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the

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

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.

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(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contra ctor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code , and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including w ithout limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

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

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

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

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum

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contract amount of Thirteen Thousand One Hundred Fifty Dollars and Zero Cents ($13,150.00) (“Contract Sum”).

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

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

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

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

2.3 Additional Services. City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of th e services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services

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or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first giv en by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be pr ovided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

2.4 Contingency of Funds.

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

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) establis hed in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to un foreseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such

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delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2 023, except as otherwise provided in the Schedule of Performance ( Exhibit “D” ). This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant. _________________ is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work a nd services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personn el to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Project Manager. Maria Fraser, CIP Engineering Manager or any other person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required he rein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages . Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement , Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liabilit y that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form C A 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a per iod no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall inclu de all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificat es of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement o f performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration o f coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The l imits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does no t comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficie nt to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of re covery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on th e part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contain ed in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertai ns to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be ent itled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to obli ge its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for

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nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, exc ept with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the pro ject who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also p rocure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from,

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any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or i n connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions . Notwithstanding the above, a design professional’s indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misco nduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require s ubcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement or as the Project Manager shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entit ies other than the City without prior written authorization from the Project Manager.
(b) Consultant shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarati ons, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

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(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, inc luding attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obligation, to represent Consultant or be present at any deposit ion, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, no tes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ow nership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby d eemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California. In the event of litigation in a U.S. Distr ict Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino , State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal act ion, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain

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declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a ny legal action under this Agreement.

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

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

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

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

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8. MISCELLANEOUS

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

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

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desi res or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy - two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment . It is understood t hat there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be us ed to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgm ent or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether leg al or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

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

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

8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation o f any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omissi on(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) o r other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreeme nt on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

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01225.0001/458762.1 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk

APPROVED AS TO CONTENT:

___________________________________
Amer Jakher, Director of Public Works
CONSULTANT:

GEOMAT, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Con sultant is a corporation, with one signature required from each of the following groups: 1) Chairman o f th e Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY T HE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01225.0001/458762.101225.0001/458762.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin g paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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.

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01225.0001/458762.101225.0001/458762.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally app eared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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), an d th at by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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.

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01225.0001/458762.1 A-1
EXHIBIT “A”

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

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

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01225.0001/458446.1 A-2
EXHIBIT “A-1” S
cope of Work
Geotechnical Engineering Services are to include, but are not limited to, the following:
• Geotechnical Observation
• Laboratory Testing; typical but not limited to
 2 subgrade samples to get max density for trench and alley pavement base  1 Base Material sample to determine quality and max density  1 AC material sample to determine quality and max density  1 set of concrete cylinder tests for the alley gutters for quality and strength  Half days of field material compaction testing to verify subgrade/base/AC testing. Days of testing to be set by CM based on scheduled construction activities to get representative sample of the job’s quality of work • Report Development (e.g. Trench Compaction Report, Materials Testing Final Report, etc.)
• Field Services
• Daily Inspection Reports
• Report to City’s Construction Manager/Inspector

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01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
I. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.

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01225.0001/458762.1 C-1
EXHIBIT “C”

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

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

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.

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

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01225.0001/458446.1 C-2
EXHIBIT “C-1”

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01225.0001/458446.1 D-1
EXHIBIT “D”

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

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

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Revenue: Expenditure: 5207310-48005-WA221/5207310-48005-WA222

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: OCTOBER 18, 2022

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACT - WA221 & WA222 CENTRAL AVENUE & DUPONT WATERLINE REPLACEMENT PROJECT.

RECOMMENDATION
1) Appropriate $2,400,000 from the unappropriated reserves of the Water Enterprise Fund (520) with a corresponding increase to WA221 in the amount of $672,720.00 for a revised project budget of $2,272,720 and a budg et increase to WA222 in the amount of $1,601,107.00 for a revised project budget of $2,401,107; 2) award a construction contract in the amount of $3,626,262 to Mamco, Inc, Perris, CA for Project No. WA221 & WA222 Central Avenue and Dupont Waterline Replace ment Project; 3) authorize expenditures of up to $362,626 for construction management, $181,313 for inspection costs, and $362,626 for construction contingency; 4) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical Profes sional Services for $47,350, plus contingency for an amount not -to- exceed$52,085; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation in the amount of $2,400,00 from the unappropriated reserves of the Water Enterprise Fund (520). There are sufficient funds for this purpose.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Financial Stability
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: AWARD OF CONTRACT - WA221 & WA222 CENTRAL AVENUE & DUPONT

WATERLINE REPLACEMENT PROJECT
PAGE 2

BACKGROUND
Project No. WA221/222 - Water Main Replacements at Central Avenue (from Chino Avenue to C Street and D Street from Central to Alley west of 6 th Street) and Dupont Avenue (from Alton Street to Gates Street) is part of the Fiscal Year 2021 -2022 Capital Improvement Pro gram Budget. Staff developed a Capital Improvement Program that identifies, and phases recommended waterline replacement projects to ensure the City efficiently delivers safe and reliable drinking water to its customers. City staff has elected to bundle the two projects together for design and construction to deliver the projects efficiently and cost -effectively. During the process of replacing a waterline, sometimes the existing fire hydrants need to be updated to the new standards. Because the number of fire hydrants to be replaced is not defined until construction starts, staff elected to add an alternative bid item for fire hydrant replacement (see the table below with the alternative bid items).

On June 21, 2022, staff published a formal Notice Inviti ng Bids (IFB 20227025) via the City’s PlanetBids website and locally on the Chino Champion Newspaper on June 25 and July 2, 2022 for Project No. WA221 & WA222 - Central Avenue and Dupont Avenue Waterline Replacement Project. On July 13, 2022, City staff re ceived a bid protest from Empire Equipment Service, Inc.

Similarly, City staff identified technical setting issues with Planet Bids that existed during the bidding period. On July 19, 2022, City Council rejected these bids and allowed City Staff to re - bid the project on July 20, 2022

ISSUES/ANALYSIS
On July 20, 2022, staff published a formal Notice Inviting Bids (IFB 20227025) via the City’s PlanetBids website and locally on July 23, 2022 and July 30, 2022 for Project WA221 & WA222 - Central Avenue And Dupont Waterline Replacement. On August 16, 2022 at 10:00 a.m., ten (10) bids were received and opened, the following results include the top 5 contractors:

Company Name City WA221 WA222 WA221
Alternative
WA222
Alternative
Mamco, Inc. Perris, CA $1,665,775.00 $1,768,487.00 $96,000.00 $96,000.00 All Cities Engineering,
Inc
Jurupa Valley, CA $1,563,214.40 $1,976,353.00 $72,000.00 $72,000.00 Empire Equipment
Service, Inc
Riverside, CA $1,639,568.38 $2,066,465.22 $108,773.70 $108,773.70 CEM Construction Corp Montebello, CA $1,899,680.00 $1,891,605.00 $102,000.00 $102,000.00 Stephen Doreck
Equipment Rentals, Inc.

Pico Rivera, CA $1,985,910.00 $2,091,638.00 $39,900.00 $39,900.00

In addition to construction services for the project, staff also identified a need for geotechnical professional services. These services will be monitored and tracked separately but are included in the same agreement and report for convenience and cost effectiveness. In August 2022, staff published and solicited informal proposal s via a Request for Proposals for Geotechnical Professional Services. Two (2) proposals were received and opened with the following results:

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SUBJECT: AWARD OF CONTRACT - WA221 & WA222 CENTRAL AVENUE & DUPONT

WATERLINE REPLACEMENT PROJECT
PAGE 3

RANK WA221 - CENTRAL WA222 - DUPONT TOTAL
1 GeoMat $24,550.00 $22,800.00 $47,350.00
2 Leighton $ 13,009.00 $12,918.00 $25,927.00

Staff reviewed and evaluated all received proposals and determined that GeoMat’s proposal was the most responsive and responsible proposal received. It should be noted that while not the lowest overall cost proposal, GeoMat’s of fering was the lowest cost submission amongst proposals which included appropriate working days/hours and other elements outlined in the solicitation.

The estimated project costs are itemized below:

Project Task WA221 WA222 Contract
Amount
Construction $1,761,775.00 $1,864,487.00 $3,626,262.00
Construction
Management (10%)
$176,177.50 $186,448.50 $362,626.00
Inspection (5%) $88,088.50 $93,224.50 $181,313.00
Contingency (10%) $176,177.50 $186,448.50 $362,626.00
Geotechnical
Services (+ 10%
contingency)
$27,005.00 $25,080.00 $52,085.00
EST. PROJECT

COST TOTAL
$2,229,223.50 $2,355,688.50 $4,584,912.00

The low bidder, Mamco, Inc., Perris, CA is properly licensed and deemed to be the lowest, responsible, responsive bidder with a base bid in the amount of $3,626,262.

Staff recommends, Council award a contract to Mamco, Inc., in the amount of $3,626,262 and $362,626 for construction management costs, $181,313 for inspection costs, $362,626 for construction contingency costs. In addition, staff recommend th e approval of a Professional Services Agreement to Geomat, Riverside, CA.,for geotechnical services, in the amount of $47,350, plus contingency for a not-to-exceed amount of $52,085. This brings the total potential project construction cost to $4,584,912.

Attachment: Contract - Mamco, Inc. dba Alabbasi
Professional Service Agreement - GeoMat

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Contract No.:

Approved:

AGREEMENT

CENTRAL AVENUE AND DUPONT AVENUE

WATERLINE REPLACEMENT PROJECT

PROJECT NOS. WA221 AND WA222

THIS AGREEMENT is made and entered into this 4TH day of October, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Mamco, Inc. dba Alabbasi hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Central Avenue and Dupont Avenue Waterline Replacement Project; Central Avenue from Chino Avenue to C Street, D Street from Central Avenue to Alley in between Fifth and Sixth Street, Dupont Avenue from El Prado Avenue at Alton Street to El Prado Avenue at Gates Street; Project Nos. WA221 and WA222 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

A
R T I C L E I I: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Million Six Hundred Twenty-Six Thousand Two Hundred Sixty-Two Dollars and Zero Cents ($3,626,262.00) f o r c o m p l e t i o n o f t h e contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred and twenty (120) working days (by March 23, 2023). If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents,

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the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of a ny subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

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

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P. E.

Director of Public Works

MAMCO, INC. dba ALABBASI

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Angela Robles, City Clerk

Date

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Project Name/No.: WA221/WA222 Contract No.: ______________ Project Manager: M. FRASER Approved: ______________

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
GEOMAT INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 18th day of October, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and GeoMat Inc., Riverside, CA (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing

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wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

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

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1.8 Care of Work.

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

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

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Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty-Two Thousand Eighty-Five Dollars ($52,085.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.

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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)

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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Maria Fraser or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

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

4.4 Independent Consultant.

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

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agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this

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Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an

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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;

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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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6.2 Reports.

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

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in

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

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may

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withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works

CONSULTANT:

GeoMat Inc.

By:

Name:

Title:

By:

Name:

Title:

Address:

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

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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.

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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.

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01225.0001/458446.1 A-1
EXHIBIT “A”

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

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

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01225.0001/458446.1 A-2
EXHIBIT “A-1”

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Award of Contract - WA221 & WA222 Waterline
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01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[If Consultant requests changes to boilerplate, forward those requests to the City Attorney’s office; changes to the boilerplate go in Exhibit “B”]

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Award of Contract - WA221 & WA222 Waterline
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01225.0001/458446.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”. [or, if Consultant’s proposal does not include a clear budget and/or schedule of rates, fill in Section I, below, and delete Exhibit C-1]
I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A. Task A __________ __________ __________
B. Task B __________ __________ __________
C. Task C __________ __________ __________
D. Task D __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. [Add if there is a reason to withhold a retention; otherwise remove] III. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

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

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

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Award of Contract - WA221 & WA222 Waterline
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01225.0001/458446.1 C-2
EXHIBIT “C-1”

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Award of Contract - WA221 & WA222 Waterline
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01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”. [or, if Consultant has not provided a schedule, fill in Sections I and II, and delete Exhibit D-1. If a schedule is provided, delete Sections I and II, below, and renumber Section III] I. Consultant shall perform all Services timely in accordance with the following schedule:

DAYS TO PERFORM DEADLINE DATE
A. Task A __________________ __________________
B. Task B __________________ __________________
C. Task C __________________ __________________

II. Consultant shall deliver the following tangible work products to the City by the following dates.

WORK PRODUCT DATE DUE
A. ________________________ ________________________
B. ________________________ ________________________
C. ________________________ ________________________
D. ________________________ ________________________

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

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Award of Contract - WA221 & WA222 Waterline
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01225.0001/458446.1 D-2
EXHIBIT “D-1”

SCHEDULE

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Award of Contract - WA221 & WA222 Waterline
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